Last updated: December 8, 2014.
Welcome to the Xalber financial platform (the “Service”).
Please carefully review these terms and conditions of use before using this website. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms, you should exit this website immediately.
The following are terms of a legal agreement (the “Agreement”) between you and Xalber (“Xalber”) that sets forth the terms and conditions of your use of this website (the “Site”). The Site is owned and operated by Xalber. The Site is being provided to you expressly subject to this Agreement. By accessing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Xalber.
Limitations of Use
The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images, and other information (collectively the “Content”), is held by Xalber, or by the original creator of the material, and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Xalber. You acknowledge that the Content is and shall remain the property of Xalber. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Xalber’s prior written approval. You also may not, without Xalber’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality, or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Xalber’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Xalber makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the U.S. If you access this Site from outside of the U.S., you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Xalber.
Content And Use Restrictions
You agree not to post, upload, publish, display, transmit, store, or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium, or other communication of any kind, any private or personally identifiable information of any Xalber member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a “Google® search” or other online research).
You agree to not use the Site or any Content to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Xalber member or other third party. In order to protect Xalber members from such advertising or solicitation, Xalber reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Xalber deems appropriate in our sole discretion. Directly contacting more than ten (10) Xalber members with a materially identical message within a 24-hour period is presumed to be spam and a violation of this Agreement.
Xalber, Xalber, www.Xalber.com, Xalber.com, and all related logos (collectively the “Xalber trademarks”) are trademarks or service marks of Xalber. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Xalber or others. Nothing on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of the Xalber trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. Xalber prohibits use of any of the Xalber trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Xalber trademarks, or whether any mark of logo is a Xalber trademark, should be referred to Xalber.
Links to Third-Party Sites
Consent to Doing Business Electronically
Whether you choose to participate on the Xalber platform as a borrower, lender, or some other designated party, from time to time you will receive disclosures, notices, documents, and information (“Communications”) from Xalber and our agents (collectively, “we” or “us”). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. The underlined subsections that follow inform you of your rights when receiving Communications from us electronically:
Electronic Communications. You agree that all Communications from us and our agents relating to your use of the Xalber platform may be provided or made available to you electronically by email or at our website. If you consent, you still have the right to receive a free paper copy of any Communication by contacting us in the manner described below. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions through the Xalber platform, whether or not you place a listing or bid, or act as some other designated party.
Hardware and Software Requirements. To access and retain the Communications electronically, you will need to use a computer with a modern operating system and a modern web browser (version of browser software of hardware should be less than 5 years old). For best performance, please use the current release version of the web browser of your choice.
Mobile Technology. If you are accessing our site electronically through a mobile device such as a tablet, smart-phone, or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access our website through alternate means that provide you with the ability to print and save the Communications.
Withdrawing Consent. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward: (1) you cannot place any further listings or bids through the Xalber platform; and (2) any pending listings or bids will automatically terminate and be removed from the Xalber platform. The withdrawal of your consent will not affect the legal validity and enforceability of any pending loans obtained through the Xalber platform, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. With respect to pending loans on which you are a borrower, lender, or some other designated party, we will send you any further Communications by mail or other non-electronic means.
Assignment. In addition, you further acknowledge that your consent to have all Communications provided or made available to you in electronic form and to do business on or through the Xalber platform is assignable to any entity that owns a loan, note, or some other product obtained through the Xalber platform.
Changes In Your Contact Information. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption. You can contact us by email at info@Xalber.com or by writing to us at Xalber, 500 Frank W. Burr Blvd., Teaneck, NJ 07666.
Disclaimer of Warranties
None of Xalber, any of its affiliates, providers, or their respective officers, directors, employees, agents, independent contractors, or licensors (collectively the “Xalber parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content, and the Xalber parties disclaim liability for errors or omissions in the Content.
This Site and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title. Additionally, there are no warranties as to the results of your use of the Content. The Xalber parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
The Xalber parties may discontinue or make changes in the Content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the Xalber parties do not undertake any obligation or responsibility to update or amend any such information. The Xalber parties reserve the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site could contain technical inaccuracies or typographical errors. Use of this Site is at your own risk.
Limitation of Liability
Under no circumstances will the Xalber parties be liable for any damage including: general, special, direct, indirect, incidental, consequential, punitive, or any other damages (including, without limitation, lost profits or business interruption) of any kind, whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any part of the Content, the Site, or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Xalber parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The Xalber parties are not liable for any defamatory, offensive, or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair, or correction or equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the Xalber parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
You agree to indemnify and hold harmless Xalber parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by the Xalber parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to, or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Xalber parties reserve the right, at their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Xalber. You further agree to indemnify and hold harmless Xalber parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
Monitoring of the Site
Xalber has no obligation to monitor the Site. However, you acknowledge and agree that Xalber has the right to monitor the Site electronically, from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site, or to protect itself or other uses of the Site.
Submissions to the Site
Use of Personally Identifiable Information
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content, no distribution or solicitation is made by Xalber to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
This Agreement is effective until terminated by Xalber. Xalber may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Xalber’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Xalber to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law And Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the U.S. and, to the extent applicable, to the laws of the State of New Jersey, without regard to its conflict of law rules. You agree that you will notify Xalber in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Xalber a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Xalber.
This Agreement shall be subject to any other agreements you have entered into with Xalber.
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Xalber’s designated agent. Notification should include:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim to have infringed; (3) a description of where the material you claim is infringing is located on the Site; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Xalber’s agent for notification of claimed copyright infringement is: info@Xalber.com.
If you have questions regarding the Agreement or the practices of Xalber, please contact us by email at info@Xalber.com or by regular mail at Xalber, 315 W 36th Street New York, NY 10018.