Lincoln Debt Relief does not provide loans or offer mortgages. It is not involved in the actual negotiations between lenders and borrowers. Lincoln Debt Relief acts solely as an intermediary, primarily gathering information that might be of use to a lender that is seeking new loan transactions and passing on information that has been voluntarily provided by borrowers who desire to find a lender (the “Services”). Lincoln Debt Relief is not a lender or agent of any lender, and does not make loans or credit decisions in connection with loans. Lincoln Debt Relief does not endorse or recommend the services of any particular lender. If you have a dispute with another user, whether a lender or borrower (each, a “User”), you hereby release Lincoln Debt Relief, its directors, officers, employees and agents from and against any and all liability, claims, demands, and damages, disclosed and undisclosed, arising out of or in any way connected to such disputes.
2. Borrower Obligations
(a) By submitting your information through this Site, you certify that all of the information you have provided through this Site is true and complete. You authorize Lincoln Debt Relief to provide your information, including your credit history, to up to three (3) lenders. You further authorize such lenders, together with any additional lenders or investors necessary to complete your loan transaction, to check your credit history and to return their decision to you directly.
(b) You must accept these Terms in order to complete your application and submit it through Lincoln Debt Relief to a lender. Lincoln Debt Relief reserves the right to reject the information you provide for any reason, at its sole discretion. In addition, Lincoln Debt Relief reserves the right to terminate or prohibit your use of the Site or the Services for any reason, at any time, at its sole discretion. The Site and the Services are available only to individuals and businesses that can form legally binding contracts under applicable law.
(c) Lincoln Debt Relief and all participating lenders and brokers do not guarantee a response to the information you provide. Lincoln Debt Relief reserves the right to change any information on this Site including but not limited to modifying, limiting, or discontinuing the Services. Unless otherwise stated, nothing contained on this Site is an offer, promise or otherwise, either to make a specific loan or that any participating lender or broker will make any loan for any purpose or on any specific terms. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. In addition, Lincoln Debt Relief does not guarantee that the loan terms or rates offered and made available by participating lenders through this Site are the best terms or lowest rates available in the market.
(d) All loan related decisions are made by the lender or broker in the course of its business and any applicable loan offerings are made to qualified applicants in separate loan documents which are required by applicable state and federal laws of the United States of America. Loans may only be made to residents or states where participating lenders or brokers are licensed or authorized to make such loans. By offering their loans on this Web Site, lenders are not attempting to make loans outside their authorized states or country. Lincoln Debt Relief and its participating lenders reserve the right to discontinue the offering the Services in any specific state accessible through this Site. You acknowledge and agree that Lincoln Debt Relief and its participating lenders shall not be liable or responsible should confidential information belonging to you be intercepted and subsequently used by an unintended recipient.
3. Lender Obligations
Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at Verature Enterprise’s sole discretion, and Lincoln Debt Relief may refer you to appropriate law enforcement agencies.
4. Use of Site Content
(a) All contents of this Site are: © 2006 Verature Enterprise. All rights reserved. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by Verature Enterprise. Neither these Terms nor your use of this Site or Services transfers any right, title or interest in the Site or the Content to you, and Lincoln Debt Relief and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.
(b) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, references to the Services on this Site do not imply that such product or service is or will be available in your location. The Content of this Site, including any advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
(c) Certain materials on this Site may be furnished by third parties. Certain product, service, or company designations for companies other than Lincoln Debt Relief may be mentioned on this Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
(d) Nothing contained in these Terms shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
5. Permitted Use
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:
(a) the Content is used solely for personal, informational, or internal business purposes;
(b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
(c) all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
(d) the Content is not modified or altered in any way; and
(e) no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of the Site from any Acceptable Site, but only if:
(a) you do not frame the Site or any portion of the Site;
(b) the hyperlink to the Site is not used in a way that suggests that Lincoln Debt Relief endorses you or your web site;
(c) you obtain Lincoln Debt Relief prior written approval if you intend to use any logos, trademarks, or other copyrighted material for such link;
(d) the link to the Site is not used or presented in any way that disparages Lincoln Debt Relief or tarnishes, blurs or dilutes the quality of Lincoln Debt Relief names or trademarks or any associated goodwill;
(e) any link or authorized logo used as a link include appropriate legends or other proprietary notices;
(f) the link to the Site is not displayed on any web page that displays objectionable content or links; and
(g) you agree that we may terminate your right to link or hyperlink to the Site at anytime for any reason or no reason.
An “Acceptable Site” means a web site that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.
6. User Conduct
In using the Site, including all Content and Services available through it, you agree that you shall not:
(a) modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without the express permission of Verature Enterprise;
(b) send unsolicited commercial email to the email addresses appearing on the Site (spam, chain emails, bulk advertising and similar email solicitations are expressly prohibited);
(c) delete, modify, hack or attempt to change or alter any of the Content on or Services offered through the Site;
(d) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site, the Services, or servers or networks hosting the Site, or take any other action that interferes with other parties’ use of the Site;
(e) use any robot, spider or other automatic or manual device or process for the purpose of gathering, extracting, harvesting or compiling information on the Site for purposes other than for a generally available search engine;
(f) use any Lincoln Debt Relief names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
(g) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or
(h) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.
7. Modifications To Terms and Site
Lincoln Debt Relief may change these Terms from time to time. Each time changes are made to these Terms, they will be posted on this Site’s home page. Your continued use of this Site or the Services following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
8. Termination of Site/Modifications To Site
Lincoln Debt Relief reserves the right to modify or terminate these Terms or your access to the Site or Services (or portions of the Site or Services) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Site. Lincoln Debt Relief may also impose limits on certain features and Services or restrict your access to parts or this entire Site without notice or liability. You acknowledge and agree that Lincoln Debt Relief will not be liable to you or any third party in the event that Lincoln Debt Relief exercises its right to modify or terminate access to the Site or Services (or portions of the Site or Services). Unless explicitly stated otherwise, any new features that augments or enhances the current Site will be subject to these Terms.
10. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”) http://lcweb.loc.gov/copyright/, Lincoln Debt Relief has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Lincoln Debt Relief will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at firstname.lastname@example.org or through the address set forth at the end of this page. When notifying Lincoln Debt Relief of the alleged copyright infringement, please include all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by Lincoln Debt Relief to infringe a copyright or otherwise violate any intellectual property rights, Lincoln Debt Relief will remove or disable access to any such material.
11. Other Sites, Content, Products and Services
12. Typographical Errors
Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Lincoln Debt Relief therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Lincoln Debt Relief sincerely apologizes for any inconvenience this may cause.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS. Lincoln Debt Relief EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Lincoln Debt Relief MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
Lincoln Debt Relief EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY SUBMITTING AN APPLICATION THROUGH THE SITE OR OTHERWISE USING THE SERVICES, THE APPLICATION WILL BE ACCEPTED, PROCESSED, USED OR READ BY ANOTHER USER. Lincoln Debt Relief DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT IT (A) HAS QUALIFIED OR PRE-QUALIFIED ANY USER FOR ANY SERVICE, LOAN, FUNDS, ACCEPTANCE BY ANOTHER USER, OR OTHER RESULTS, (B) CONTROLS OR DIRECTS IF A USER WILL BE ABLE TO NEGOTIATE OR COMPLETE ANY TRANSACTION WITH ANOTHER USER, AND (C) MAKES NO WARRANTY OR REPRESENTATION THAT A USER WILL SUCCESSFULLY ENTER INTO ANY TRANSACTION, OR THAT A COMPLETED TRANSACTION WILL BE PROFITABLE. Lincoln Debt Relief DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT A USER’S SUBMISSION OF INFORMATION THROUGH OR APPEARANCE ON THIS SITE IS AN INDICATION OF THE CREDITWORTHINESS, TRUSTWORTHINESS, OR ACCEPTABILITY OF SUCH USER. USERS INVOLVED IN THE TRANSACTION ARE ADVISED BY Lincoln Debt Relief TO COMMUNICATE DIRECTLY WITH EACH OTHER TO EVALUATE CREDITWORTHINESS, TRUSTWORTHINESS, AND ACCEPTABILITY.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Lincoln Debt Relief OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. Lincoln Debt Relief DOES NOT INTEND TO NOR SHALL ANY USER CLAIM THAT Lincoln Debt Relief HAS OR MIGHT HAVE INTENDED TO PROVIDE LEGAL OR ACCOUNTING ADVICE OR OPINIONS. Lincoln Debt Relief MAKES NO WARRANTY OR REPRESENTATION AS TO THE INTEGRITY, HONESTY, OR INTENTIONS OF ANY USER. ALTHOUGH Lincoln Debt Relief PERIODICALLY MIGHT ATTEMPT TO MEASURE THESE QUALITIES, Lincoln Debt Relief SHALL NOT BE HELD ACCOUNTABLE FOR ITS FAILURE OR NEGLIGENCE TO UNCOVER ACTUAL OR POTENTIAL NEGATIVE INFORMATION AND/OR TO ADVISE ANOTHER USER OF SUCH POSSIBLE OR ACTUAL NEGATIVE INFORMATION. Lincoln Debt Relief EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER, INCLUDING THE TRANSMISSION OF FALSE OR MISLEADING INFORMATION.
14. Limitation of Liability
IN NO EVENT SHALL Lincoln Debt Relief BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY ANY USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR THE SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (1) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (4) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE, EVEN IF Lincoln Debt Relief WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. Verature Enterprise’S LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND WILL NOT, IN ANY EVENT, EXCEED TWO HUNDRED DOLLARS ($200). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CERTAIN USERS IN THOSE JURISDICTIONS.
You agree to indemnify, defend and hold Verature Enterprise, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of, or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of another.
16. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site or the Services offered through this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Lincoln Debt Relief intellectual property and/or proprietary rights, Lincoln Debt Relief may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the city of Auburn, Alabama, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE AND THE SERVICES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.
18. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Alabama without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. You consent to personal jurisdiction by the state and federal courts located in Lee County, Alabama.
19. Limitation on Actions Brought Against Verature Enterprise
You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Lincoln Debt Relief to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
21. Contact Information
If you have any questions about these Terms, the practices of Lincoln Debt Relief, or your dealings with this Site, please contact us through one of the methods listed below. You may also contact us to update your personal information by notifying us when you change your name or email address: info @ lincolndebtrelief.com