Footprints on ribbed sandy coast in daylight | Photo by Jonathan Borba

Terms of Service

Please read these terms of service carefully before using the LBEX platform.

Last updated: 2024-01-01

Last Updated: January 1st, 2024

1. Definitions

1.1. "LBEX" refers to Lender Borrower Exchange, the entity providing the software platform and services described herein.
1.2. "Platform" refers to the LBEX website and associated services provided by LBEX.
1.3. "User" refers to any individual or entity using the LBEX platform.
1.4. "Credit" refers to the extension of financial accommodations or services through invoices or the provision of services by businesses to their customers.
1.5. "Content" refers to all text, graphics, images, and other materials available on the LBEX platform.
1.6. "Parties" refers to both the user and LBEX collectively.

2. Overview of LBEX's Role

2.1. LBEX provides a platform that facilitates financial transactions, including credit extension, between businesses ("Lenders") and their customers ("Borrowers").
2.2. LBEX is not a financial institution, lender, or broker. We do not provide financial or legal advice.
2.3. LBEX is not a party to any legal agreements or transactions between Lenders and Borrowers. We act solely as a facilitator of these transactions.
2.4. LBEX does not endorse or guarantee the performance or accuracy of any content, business, or user on the platform.
2.5. LBEX disclaims all liability for any disputes, defaults, or issues arising from credit activities on the platform. Users engage in such activities at their own risk.

3. Eligibility and User Responsibilities

3.1. To use the LBEX platform, you must be a legally recognized business entity and comply with all applicable laws and regulations.
3.2. By using LBEX, you represent and warrant that you have the legal capacity and authority to enter into agreements and engage in financial transactions on behalf of your business.
3.3. LBEX reserves the right to refuse service, terminate accounts, or restrict access to the platform to anyone who violates these terms of service or is deemed ineligible to use the platform.
3.4. User Responsibilities: Users are responsible for maintaining the confidentiality of their account information and ensuring that all activities conducted through their account comply with these terms. Users agree not to use the platform for any unlawful or prohibited activities, including but not limited to fraud, money laundering, or financing of terrorist activities.
3.5. Prohibited Conduct: Users must refrain from any conduct that is harmful, harassing, or infringes on the rights of others. LBEX reserves the right to investigate and take appropriate legal action against anyone who, in LBEX's sole discretion, violates this provision.

4. Credit Activities and Compliance

4.1. Users who engage in credit activities through LBEX are responsible for understanding and complying with all applicable laws, regulations, and licensing requirements.
4.2. LBEX does not set the terms or conditions of credit agreements. These agreements are solely between the Lenders and Borrowers.
4.3. Users must exercise due diligence when engaging in credit activities. LBEX does not guarantee the creditworthiness or reliability of users.
4.4. Any disputes, defaults, or issues related to credit agreements are to be resolved directly between the Parties involved. LBEX is not responsible for resolving such disputes.
4.5. Users are encouraged to seek independent legal and financial advice before engaging in credit activities on the platform.
4.6. Responsibility for Compliance: Users engaging in credit activities must ensure compliance with all applicable legal and regulatory requirements, including but not limited to consumer protection, fair lending, and debt collection laws.
4.7. Consequences of Non-Compliance: Failure to adhere to these terms or applicable laws may result in account suspension, termination, and legal action.

5. Content, Intellectual Property, and Data Protection

5.1. All content available on the LBEX platform, including text, graphics, images, and logos, is the property of LBEX or its licensors and is protected by intellectual property laws.
5.2. Users are prohibited from copying, modifying, distributing, or reproducing LBEX's content without explicit permission.
5.3. Users may not use LBEX's name, logo, or trademarks without prior written consent.
5.4. Users may submit content to the LBEX platform, but they grant LBEX a non-exclusive, worldwide, royalty-free, and sublicensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content.
5.5. Data Protection: LBEX is committed to protecting the privacy and security of user data. Our data collection, use, and protection practices are outlined in our Privacy Policy, which is accessible on our platform.
5.6. Compliance with Data Protection Laws: LBEX complies with applicable data protection regulations. Users agree to comply with these regulations in relation to any personal data accessed or processed through the platform.

6. Limitation of Liability and Dispute Resolution

6.1. LBEX is not liable for any losses, damages, or disputes arising from the use of our platform, including but not limited to those related to credit activities, content, or any actions of users.
6.2. Users agree that LBEX shall not be responsible or liable for any unauthorized access to or use of user data or communications.
6.3. LBEX disclaims any warranties or representations, express or implied, regarding the accuracy, completeness, or reliability of the platform's content or functionality.
6.4. In no event shall LBEX be liable for any indirect, incidental, special, consequential, or punitive damages.
6.5. Dispute Resolution: Any disputes arising out of or related to these terms or the use of the LBEX platform shall be resolved through final and binding arbitration, except as otherwise stated in these terms.

7. Compliance with Laws

7.1. General Compliance: Users must comply with all applicable laws and regulations in their use of the platform, including but not limited to anti-money laundering (AML) and counter-terrorist financing (CTF) regulations.
7.2. Reporting Obligations: Users are responsible for reporting any suspicious activities or transactions to the relevant authorities as required by law.

8. Indemnification

8.1. User Indemnification: Users agree to indemnify and hold harmless LBEX, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising out of their use of the platform, violation of these terms, or violation of any rights of a third party.

9. Governing Law and Jurisdiction

9.1. These terms of service shall be governed by and construed in accordance with the laws of Virginia, without regard to its conflict of law principles.
9.2. Jurisdiction: Any legal action or proceeding relating to your access to, or use of, the platform or these terms shall be instituted in a state or federal court in Virginia, and you agree to submit to the jurisdiction of these courts.

10. Severability and Waiver

10.1. Severability: If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.
10.2. Waiver: No waiver of any terms shall be deemed a further or continuing waiver of such term or any other term.

11. Force Majeure

11.1. Non-Liability for Unforeseen Circumstances: LBEX shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LBEX's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

12. Amendments and Notification of Changes

12.1. Right to Amend Terms: LBEX reserves the right to amend these terms at any time. All amendments will be posted online and become effective immediately upon posting. Continued use of the platform after such posting will constitute acceptance of the revised terms.
12.2. Notification of Changes: Users will be notified of significant changes to these terms via email or a prominent notice on the platform.

13. Contact Information

13.1. If you have any questions or concerns about these terms of service, please contact us at contact@lbex.us