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Terms of Use

1. General

This User Agreement sets forth the terms and conditions governing the access and use of our site by you, the user. If you use our web site, you agree to comply with the applicable terms and conditions of this User Agreement. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OUR WEB SITE.

2. Permitted Uses

a. General

The FactorFundsInfo.com web site is owned and operated by Red Star Holdings, LLC a Washington limited liability company (“Red Star”). All materials appearing on this site, including site design, text, graphics, icons interfaces, and the selection, assembly and arrangements are owned or licensed by Red Star. Permission is granted to electronically copy and to print hard copy portions of these materials only as described below or elsewhere on this site. Any other use of materials on this site, including but not limited to, reproduction for purposes other than those noted on our site, modification, transmission, display, distribution or republication, without the prior written permission of Red Star is strictly prohibited. Users are not permitted to use "web crawlers" or other types of software or hardware technology to automatically download large amounts of materials from the FactorFundsInfo.com site. Elements of the site are also protected by trademark, copyright, trade dress and other laws and may not be imitated in whole or in part on other web sites.

b. Commercial Use

It is not permitted to use the site or information on the site to operate any business or commercial activity, including any factoring referral service that is competitive with the FactorFundsInfo.com web site.

3. Web Site Content

Some content in the FactorFundsInfo.com web site may be provided by third parties. Red Star is not responsible for the content of any of this third party data, nor is Red Star responsible for the completeness or accuracy of any such data.

4. Links

When using our web site, you may sometimes be linked to other web sites. These web sites are not operated by Red Star, and you may be required to agree to additional terms and conditions in order to access information or services from these web sites.

5. Privacy

Red Star shall keep all information you provide to Red Star confidential and private in accordance with our privacy policy. See Disclosures to review Red Star’s privacy policy.

6. Product and Service Fees

Red Star does not charge users a direct fee for the use of services on our web site. Red Star may receive third party payments (in the form of commissions, referral fees or otherwise) for products or services which users of our web site may obtain from third parties.

7. Third Party Products and Services

FactorFundsInfo.com is an information and referral service only. Third party factoring companies provide all of the factoring services. Red Star is not responsible for any third party factoring products or services. The purchase of factoring or other products or services is subject to additional terms and conditions described at the location where you make your purchase. You should familiarize yourself with those terms and conditions before purchasing any of these products or services. Red Star does not represent or warrant that factoring services will be available to all users, and all user eligibility shall be subject to the terms and conditions of the third party providers.

8. Red Star Services

FactorFundsInfo.com is an information and referral service only, where interested users may be able to obtain information regarding available factoring services which are available from third parties. Red Star and our web site act only as a venue to help providers of factoring services determine whether you may be eligible to obtain their services. Red Star has no role in any factoring transaction between you and a factoring service provider. Red Star strongly urges you to obtain independent business and legal support as you may require to effectively evaluate any proposed factoring service.

10. Disclaimer

If you choose to enter into a factoring transaction, you acknowledge that Red Star makes no representations concerning the provider of factoring services or any aspect of the factoring transaction(s). Red Star does not offer or provide business or legal advice and nothing on our web site is intended to offer or provide such advice. Red Star specifically disclaims any liability to you or any third party arising out of or related to any reliance by you or any third party upon data or information on our web site as constituting business or legal advice.

11. Release

Red Star is not involved in whatever factoring transactions you may engage in with a factoring service provider. Consequently, in the event you have a dispute with a factoring service provider, you release Red Star (and our officers, directors, employees, agents and subsidiaries) from any and all claims, demands and damages of any kind, known or unknown arising out of or connected in any way with such disputes.

12. Indemnification

You agree to defend, indemnify and hold harmless Red Star and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to (i) any breach by you of any term or condition of this Agreement or (ii) your engagement in any transactions on or use of our web site including, without limitation, any disputes between you and another user or any other party and any other claims arising out of or in any way connected with any transactions conducted via our web site. If any such action shall be brought against any indemnified party, they shall notify you in writing and you shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.

13. Arbitration

Any controversy or claim arising out of or relating to this Agreement or any Red Star services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vancouver, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Red Star may seek any interim or preliminary relief from a court of competent jurisdiction in Vancouver, Washington as necessary to protect the rights or property of you or Red Star pending the completion of arbitration.

14. DISCLAIMER OF WARRANTIES

ACCESS TO THE RED STAR WEB SITE AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." RED STAR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF OUR WEB SITE OR ITS CONTENT, PRODUCTS OR SERVICES. YOU ASSUME ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. RED STAR IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. RED STAR HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS. RED STAR MAKES NO REPRESENTATION WITH REGARD TO ANY LEVEL OF CONTACT THAT AN END USER CUSTOMER CAN EXPECT OR WILL RECEIVE AS A RESULT OF ANY FACTORING TRANSACTIONS ARRANGED THROUGH FactorFundsInfo.com.

15. LIMITATION OF LIABILITY

RED STAR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICE, OR OUT OF ANY BREACH OF A REPRESENTATION OR WARRANTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF RED STAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

EXCEPT FOR THE INDEMNIFICATION PROVISIONS SET FORTH ABOVE, YOU SHALL NOT BE LIABLE TO RED STAR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED OR ACTUAL PROFITS OR BUSINESS.

IN NO EVENT SHALL RED STAR BE LIABLE FOR DAMAGES, FOR ANY CAUSE OR BASED ON ANY MATTERS ARISING FROM THIS AGREEMENT, IN EXCESS OF THE TOTAL AMOUNT RECEIVED BY RED STAR AS A COMMISSION, REFERRAL FEE OR THE LIKE WHICH IS ATTRIBUTABLE TO THE FACTORING TRANSACTION YOU ENGAGED IN AS A RESULT OF THE FactorFundsInfo.com SITE.

16. General Compliance with Laws

You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use our web site to facilitate collusion or for any other conduct violating antitrust or other applicable laws.

17. Applicable Law and Jurisdiction

This Agreement shall be governed and interpreted pursuant to the laws of the State of Washington, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree that the state and/or federal courts located in the State of Washington, County of Clark shall have the personal and exclusive jurisdiction of such action. If any part of this Agreement is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

18. Amendments and Modifications

Red Star reserves the right, in its sole discretion, to supplement, modify or discontinue any aspect of our web site, including, without limitation, restricting the times or means of access to our web site. Red Star also reserves the right, in its sole discretion, to modify this Agreement in any manner and to adopt additional terms or conditions governing your access and use of our web site, and the terms and conditions related to the access and use of our web site, at any time, without prior notice. The terms of any such amendment to this Agreement shall become effective immediately upon posting of such terms on our web site, and your use of our web site on or after such effective date shall constitute acceptance of such amended terms.

19. Third Party Beneficiaries

All users on our web site are intended third party beneficiaries of this Agreement; all rights and benefits conferred by this Agreement shall extend to such users and such users are independently entitled for enforce its provisions. You acknowledge that each other user is relying upon the representations made in this Agreement.

20. Independent Contractors

The relationship of Red Star with you is that of independent contractors, and no agency, partnership, joint venture, employment or other similar relationship is intended or created by your acceptance of the terms of this Agreement or the use of our web site.

21. Entire Agreement

This Agreement sets forth the entire understanding between Red Star and you with respect to the subject matter of this Agreement and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between Red Star and you with respect to said subject matter.