Terms of Use

These Terms of Use shall become effective as of January 25, 2024.

Introduction

This is a legal agreement between you and CX Lending, LLC, a limited liability company (“CX Lending”), located at 11042A Cedar Walk Lane, Charlotte, NC 28177. By accessing this website and any of its sub-sites (collectively, the “Site”) and/or using any of the services available through the Site (collectively, the “Services”), you become a user and agree to be bound by the terms and conditions of this agreement and the CX Lending Privacy Policy (collectively, the “Terms”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR THE SERVICES. Certain Services may have additional terms, which will either be listed in the Terms or presented to you for acceptance when you sign up for such Services or products. Please review these Terms periodically for changes, as we reserve the right to modify them at our discretion. Continued use of the Site after changes are posted means you accept those changes. The revision date at the beginning of the Terms indicates the last update.

For the purposes of these Terms, “CX Lending” includes “CX Lending, LLC,” “CX Lending,” “we,” “us,” and “our.” The term “Service” refers to the products, services, and software you order, receive, or access as part of your use of CX Lending’s Sites.

THESE TERMS REQUIRE THAT ANY DISPUTES BETWEEN YOU AND CX LENDING BE RESOLVED THROUGH BINDING ARBITRATION, THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF NORTH CAROLINA GOVERNS ALL INTERACTIONS BETWEEN YOU AND CX LENDING. YOU MAY OPT-OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES IN SECTION 10.G BELOW.

1. Description of Services
CX Lending provides various business services (collectively, the “Services”) that customers may use through the Site. CX Lending reserves the right to cancel any portion of its Services at any time.

a. Marketplace Services
CX Lending connects qualified small business owners with active banks, credit unions, and other funding sources (the “Marketplace Services”). CX Lending helps business owners identify the type of funding and specific funders that may offer them an opportunity to prepare for and acquire a business loan.
b. Other Miscellaneous Services
CX Lending may add additional products and services over time, and these Terms will apply to those additional services.

2. Use of Site and Service
As a user of the Site or a registered user of any Services (a “Registered User”), you agree to the following:
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a. Exclusive Use
Your account is for your use only and solely for your business needs. You may not authorize others to use your account or transfer your account to any other person or entity. CX Lending is not responsible for unauthorized access to your account resulting from theft or misappropriation of your username and passwords.
b. Information Submitted
You are solely responsible for the information and content you provide through the Site and Services, the information and content you make available through the service, and your interactions with all third parties. Any attempt to create a duplicate account will be rejected, and your account may be put on hold.
c. Risk Assumption and Precautions
You assume all risks when using the Services, including interactions with third parties, such as lenders you are matched with, referred to, or provided.
d. No Guarantees
CX Lending does not guarantee matches for every individual or business seeking to use the Services. CX Lending does not guarantee the number or suitability of matches for any individual or business using the Services.
e. No False Information
You agree to provide accurate, true, current, and complete information. If CX Lending determines that the information provided is incomplete, fraudulent, false, or otherwise inaccurate, CX Lending reserves the right to terminate your access to the Services.
f. Legal Purpose
You agree not to use the Site or Services for any illegal purpose and will use them in accordance with all federal, state, and local laws.
g. Business Purpose
You agree to use the Site or Services only for bona fide business purposes and not for personal, family, or household purposes. You may not use the Site or Services to obtain information or make decisions about anyone other than yourself and/or your business.
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3. Intellectual Property Rights
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a. Ownership of Proprietary Information
You acknowledge that CX Lending owns all rights to the Site and Services, which are protected by federal, state, and local laws. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute, create derivative works, reverse engineer, or reverse compile any of the Site or Services or technology.
b. No Use of Confidential Information
You will not post, copy, modify, transmit, disclose, show in public, create derivative works from, distribute, make commercial use of, or reproduce any confidential information, copyrighted material, trademarks, or other proprietary information accessible via the Site or Services without prior written consent from the owner.
c. License to Provided Content
By providing information or content to any account or public area of the Site or Service, you automatically grant CX Lending and its users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, and distribute such information and content, and to create derivative works from, or incorporate into other works, such information and content. You also grant the right to authorize sublicenses of the foregoing.

4. Links to Third-Party Websites and Dealings with Advertisers and Sponsors
The Site and Services may contain links to third-party websites, including advertisers, which are not under the control of CX Lending. CX Lending is not responsible for the content of any linked site or any changes or updates to such sites. CX Lending provides these links as a convenience, and the inclusion of any link does not imply endorsement or acceptance of responsibility for the content on such third-party websites. Your dealings with advertisers or third parties found on or through the Site or Services are solely between you and such advertiser or third party. CX Lending will not be responsible or liable for any loss or damage resulting from such dealings. Please refer to our Privacy Policy for more information on how we use your information.

5. Disclaimer of Warranty

No Warranties
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CX LENDING PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN). THIS INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CX LENDING DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CX LENDING DISCLAIMS LIABILITY FOR, AND MAKES NO WARRANTY REGARDING, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

Third-Party Content
Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by CX Lending, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for their content. CX LENDING DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CX LENDING. UNDER NO CIRCUMSTANCES WILL CX LENDING BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

Beta Features
From time to time, CX Lending may offer new “beta” features or tools for experimental purposes. Such features or tools are provided solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at CX Lending’s sole discretion. The provisions of this Disclaimer of Warranty section apply fully to such features or tools.

6. Limitation of Liability
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Incidental Damages and Aggregate Liability
IN NO EVENT WILL CX LENDING BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CX LENDING KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CX LENDING’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID CX LENDING FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.No Liability for Non-CX Lending ActionsTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CX LENDING BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.

Information Verification
CX Lending and its contractors may use various methods to verify the information provided by users. However, none of these methods are perfect, and you agree that CX Lending and its contractors will not be liable for any incorrect verification.

7. Indemnification
You agree to indemnify, defend, and hold harmless CX Lending, its officers, directors, employees, agents, and third parties, from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules, or regulations. CX Lending reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CX Lending in asserting any available defenses.

8. User Information

a. Privacy Policy
For information about the collection and possible use of information and material you provide, please visit CX Lending’s Privacy Policy on the Site. By using the Site or Services, you consent to the terms of CX Lending’s Privacy Policy.

b. Disclosure by Law
You acknowledge and agree that CX Lending may disclose information you provide if required by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests, or orders from law enforcement, or any legal process; or (ii) protect or defend CX Lending’s or a third party’s rights or property.

c. Information Security
We work hard to protect CX Lending and our users from unauthorized access, alteration, disclosure, or destruction of information we hold. This includes encrypting many of our services using industry-standard methods, reviewing our information collection, storage, and processing practices, and restricting access to personal information to CX Lending employees, contractors, and agents who need to know that information to process it for us.

d. Use of Anonymous Information for Research
By using the Site and/or Services, you agree to allow CX Lending to anonymously use the information from you and your experiences to continue CX Lending’s research into successful business practices and to improve the Services.

e. License Regarding Your Content
You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Services. However, by submitting your content, including personal and business information, you grant CX Lending a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license includes the right for CX Lending to make such content available to other trusted companies, organizations, and individuals with whom CX Lending has a business relationship to carry out the Services. CX Lending may transmit or distribute your information over public networks and make necessary changes to your content to perform its obligations.

9. Restrictions
You may not, and will make all reasonable efforts to ensure third parties do not:

- Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau or resell the Services in any manner.
- Use the Services on behalf of a third party in any manner.
- Abuse the Services in any manner.
- Use the Services in violation of any other agreement you may have, including agreements with WePay, PayPal, Square, Stripe, Plaid, or any of your financial accounts.
- Create a similar product or service through use of or access to the Services.
- Use the Services in violation of any law, regulation, or rule.
- Use the Services to commit fraud.
- Use the Services in any way not authorized by CX Lending.
- Use the Services for personal bank accounts.

10. Dispute Resolution by Binding Arbitration
To resolve disputes between you and CX Lending in the most efficient and cost-effective manner, both parties agree that any dispute may be resolved through binding arbitration instead of in court (“Agreement to Arbitrate”). Arbitration is less formal than a lawsuit, uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to limited court review. Arbitrators can award the same damages and relief as a court. Any arbitration under these Terms will be on an individual basis; class arbitrations and class actions are not permitted. You agree that the arbitrator may award relief only to the individual party seeking relief and only as necessary to provide relief for that individual party’s claim(s). Any relief awarded cannot affect other users.

You further agree that any disputes, whether before a court or an arbitrator, shall be resolved solely on an individual basis, and you waive your right to participate in a class action against CX Lending.

By entering into this agreement, you and CX Lending waive the right to a trial by jury or to participate in a class action:

a. Claims To Be Resolved By Binding Arbitration
You and CX Lending agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims currently subject to purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.

b. Exceptions
Notwithstanding Section 10(a), you and CX Lending agree that nothing herein shall be deemed to waive, preclude, or limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies; (ii) seek injunctive relief in any competent court; or (iii) file suit in court to address intellectual property infringement claims.

c. Arbitrator
Any arbitration between you and CX Lending will be governed by the Commercial Dispute Resolution Procedures (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

d. Notice and Process
A party intending to seek arbitration must first send a written Notice of Dispute (“Notice”) by certified mail to: CX Lending, Inc., 11042A Cedar Walk Lane, Charlotte, NC 28177 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and specify the relief sought (“Demand”). If you and CX Lending do not resolve the claim within 30 days after the Notice is received, either party may commence an arbitration proceeding.

e. Fees
If you commence arbitration in accordance with these Terms, CX Lending will reimburse you for your payment of the arbitration filing fee, unless your claim exceeds $10,000, in which case the payment of fees will be decided by the AAA Rules. Any request for fee payment by CX Lending should be submitted by mail to the AAA with your Demand for Arbitration, and CX Lending will arrange to pay all necessary fees directly to the AAA. If the arbitrator finds your claim(s) frivolous or brought for an improper purpose (per Federal Rule of Civil Procedure 11(b)), you agree to reimburse CX Lending for all fees associated with the arbitration paid by CX Lending on your behalf that you would otherwise be obligated to pay under the AAA’s rules.

f. Arbitration Process
If your claim is $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a non-appearance telephonic hearing, or by an in-person hearing per the AAA Rules. Any in-person arbitration hearings will take place at a location agreed upon in Charlotte, NC. Regardless of the manner of arbitration, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes about the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party within 14 days of the arbitrator’s ruling on the merits.

g. No Class Actions
Unless both you and CX Lending agree otherwise, the arbitrator cannot consolidate multiple claims or preside over any form of a representative or class proceeding.

h. Opt-Out
If you are a new CX Lending user, you can opt out of the arbitration agreement in this Section 10 by mailing a written opt-out notice (“Opt-Out Notice”) to the Notice Address listed in Section 10(d) within thirty (30) days after accepting these Terms for the first time. The Opt-Out Notice must include your name, address (street, city, state, zip code), username(s), and email address(es) associated with your CX Lending account(s). You must sign the Opt-Out Notice for it to be effective. This procedure is the only way to opt out of the Agreement to Arbitrate. Opting out does not affect any other arbitration agreements with CX Lending.

i. Modifications
If CX Lending makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject the change by sending written notice within 30 days of the change to the Notice Address. If you reject any future change, your account with CX Lending will be terminated, and any dispute will be arbitrated according to the existing language of this provision.

j. Severability and Enforceability
If an arbitrator or court finds any part of this Section 10 invalid or unenforceable, the other parts of this Section 10 shall still apply. If the entirety of this Section 10 is found unenforceable, the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms, and the remainder of the Terms will continue to apply.

11. Telephone Communications and Agreement to Be Contacted

a. Call Recording and Monitoring
You acknowledge that calls to or from CX Lending, including its agents and affiliates, may be monitored and recorded, and you agree to such monitoring and recording.

b. Providing Telephone Numbers and Other Contact Information
‍You verify that the contact information provided to CX Lending, including your name, mailing address, email address, residential or business telephone number, and mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number you provide. You are prohibited from providing a phone number that is not your own. If we discover false or inaccurate information, we may suspend or terminate your account. You agree to notify us immediately of any changes to your contact information before the change goes into effect.

c. Your Consent to Receive Automated Calls/Texts
By voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols) from CX Lending and third parties acting on its behalf related to promotions, your account, any application or transaction, and your relationship with CX Lending. Automated calls or text messages may be made to your telephone number(s) even if your number(s) is on any state or federal Do Not Call list. You agree that CX Lending may obtain and contact you at any email addresses, mailing addresses, or phone numbers provided by you or obtained through other lawful means. You agree to receive automated calls and text messages from CX Lending even if you cancel your account or terminate your relationship with us, except if you opt out (see below). You do not have to agree to receive automated promotional calls/texts as a condition of purchasing goods or services or account creation. To opt out, call us at (805) 244-5032 or email support@cxlending.com. To opt out of text messages, reply STOP to any text message you receive from us. Text HELP for help. Texting STOP to one shortcode will not stop messages from all shortcodes. Email support@cxlending.com to specify phone numbers for opt-out. To opt out of automated voice calls, provide written notice revoking consent, including your full name, mailing address, account number, and phone number(s) to . Notify us immediately of any changes to contact information to avoid unauthorized or undesired calls or text messages. Allow up to thirty (30) days to process any opt-out request. Note that opting out of automated calls or text messages does not prevent non-automated calls. Third parties may continue to contact you despite an opt-out request. Contact third parties directly to inform them of communication preferences.

e.        Fees and Charges
There is no fee to receive automated telephone calls or text messages from CX Lending.However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that CX Lending is not responsible for such charges.
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f.          Unauthorized Use of Your Telephone Device
You must notify CX Lending immediately of any breach of security or unauthorized use of your telephone device. Although CX Lending will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
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g.       Your Indemnification to Us.
You agree to indemnify CX Lending for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
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h.       Release of Claims
Inconsideration of the services provided by CX Lending, you hereby release CXLending from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller IDAct, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws). General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages.Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of theseTerms of Service.
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i.           Text message Terms andConditions: By “Opting In” to or using a CX Lending Text Message Service (“SMSService”), you accept these Terms and Conditions and agree to resolve disputes with CX Lending through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in Section 10 entitled “Dispute Resolution by Binding Arbitration;Class Action Waivers” section CX Lending’s Terms of Use.
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‍j.           By opting In to CXLending’s Text Message Service, you authorize and agree to allow CX Lending to use an autodialer or non-autodialer technology to send text message to the cellphone number associated with your Opt-In (i.e., the number listed on the Opt-Inform or instructions, or, if none, the number form which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In).You authorize CX Lending to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase or service.
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k.        You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
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l.           After Opting-In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In. You can cancel the SMS service at any time. Just text “STOP”to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@cxlending.com.
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m.       Carriers are not liable for delayed or undelivered message so. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 15 messages/month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
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n.       If you have any questions regarding privacy, please read our privacy policy: https://cxlending.com/privacy-policy/

12.  General Provisions:
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Controlling Law and Jurisdiction
You agree that North Carolina law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Mecklenburg County, North Carolina. You acknowledge and agree that any violation of these Terms may cause CX Lending irreparable harm, and therefore agree that CX Lending will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that CX Lending may have for a breach of these Terms.

These Terms, which you accept upon registration for the Services, the PrivacyPolicy located on the Site, and any applicable payment, renewal, additional services terms, comprise the entire agreement between you and CX Lending regarding the use of this Service, superseding any prior agreements between you and CX Lending related to your use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of thisTerms. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of CX Lending to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1)year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

13.   Content:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by CXLending and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and CX Lending will do all that is lawful to enforce and protect theContent.

14.  Confidentiality:
We will take every reasonable precaution to protect your account and account information, however, we cannot guarantee the security of any information you disclose. This includes your sharing of account information with any third party, including employees, contractors, vendors, suppliers, etc. of your business. You agree and acknowledge that the security of your data is your responsibility. Your use of the Services is further governed by our Privacy Policy.

15.   Notification of Terms ofUse Changes:
We may update these Terms of Use toreflect changes to our business operations and the methods by which we workwith you, including changing vendors, and other policies relevant to ourServices. If we make any material changes we will notify you by email (sent tothe email address specified in your account) or by means of a notice on thisSite. We encourage you to periodically review this page for the latestinformation on our Terms of Use. When we make changes to these Terms of Use wewill revise the revision date at the top of the Terms of Use.

16.  Term and Termination:
This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. CX Lending may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. CX Lending reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to refuse to remove your account information or data from our Services and any other records at any time to comply with legal and regulatory requirements. In the event your access to any of the Services is suspended due to the breach of these Terms, you agree that all fees then paid to CX Lendingby you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by contacting us. Sections10 and 11 shall survive any termination of this Agreement.