40Billion.com, Inc. ("40Billion.com") provides financial services, namely customized loan documents and payment processing services ("Services"), to individuals involved in private loan transactions and gifts/contributions. 40Billion.com is not a law firm or accounting firm and does not provide legal or tax advice. A private loan is a material legal transaction that may vary by case. Any individual intending to engage in a private loan transaction should carefully weigh the risks and benefits of the transaction before entering into it. 40Billion.com does not give legal advice in any form or practice law in any way, and 40Billion.com makes no assurances or warranties, express, implied, or statutory that the loan document or the terms of the loan are legally enforceable in a specific jurisdiction by any competent court or administrative body.
Use of loan documents
Borrower (Entrepreneur) and Lender (Funder) hereby agree that the loan documents and any other services provided by 40Billion.com are intended solely for the specific transaction between Borrower and Lender and are for the sole and exclusive use of Borrower and Lender. Any subsequent modifications by the Borrower or Lender to the loan documents are done at the sole risk of the party making the changes. 40Billion.com will not be responsible for the legal validity of such changes or the effect such changes may have on the validity or enforceability of any loan documents which have been modified by the Borrower or Lender.
The loan documents generated by 40Billion.com may not be copied, modified, published, broadcast, or otherwise distributed. Any commercial reproduction or redistribution of the loan documents not in accordance with this Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any other use of the loan documents other than those reflected in this Agreement constitutes a violation of this Agreement.
Validity of loan terms
Borrower and Lender are solely responsible for establishing the terms of the loan and for determining if the loan terms are in compliance with any applicable local, state, or federal laws, including but not limited to laws relating to usury and income tax liability. 40Billion.com makes no representation regarding the legal validity or enforceability of the terms of the loan between Borrower and Lender and assumes no responsibility under this Agreement for enforcing or interpreting the terms of the loan. Generation of loan documents formalizing the loan between Borrower and Lender does not imply 40Billion.com's endorsement of, liability for, or participation in the creation of the terms of the loan, or any contract, agreement, or other arrangement, whether lawful or illicit, reached by Borrower and Lender. Any dispute between or among Borrower and Lender and their respective representatives and successors in interest regarding payments due and made, or regarding compliance with other terms under the loan documents and any underlying agreement and similar matters is not the responsibility of 40Billion.com. Borrower, Lender, and their respective representatives and successors in interest jointly and severally shall indemnify and hold 40Billion.com harmless from any liability, claim, demand, loss, or expense by any party against 40Billion.com as a result of or arising out of its providing the services described above.
Compliance with state and federal laws
Borrower and Lender are solely responsible for assuring that requirements under any state or federal laws that may apply to the loan or gift contribution have been met, including the preparation and delivery of any disclosures, notices, or other documents required by state or federal law.
Use of third parties and affiliates
40Billion.com reserves the right to use other companies to provide services on behalf of 40Billion.com ("Affiliate Service Providers"). Borrower, Lender, and their respective representatives hereby agree to cooperate fully with 40Billion.com and any Affiliate Service Providers to assure the accurate and timely preparation of loan documents and processing of gift contributions.
Unauthorized access to data
40Billion.com shall have no liability in connection with any unauthorized interception, alteration, or use of data relating to the Services including, but not limited to, e-mail correspondence; any liablity to use or access the Services or the 40Billion.com website for any reason; any actions or transactions by an individual or party using Borrower's, Lender's, and/or their respective representative's name and password without authorization; or any cause over which 40Billion.com does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or the parties' respective Internet service providers.
40Billion.com shall not be responsible for any failure in the Services due to malfunction or loss of equipment, software, or Internet service providers used by Borrower, Lender, or their respective representative; or from the malfunction or failure of equipment, software, or services used by 40Billion.com which are beyond the reasonable control of 40Billion.com.
DISCLAIMER OF WARRANTY
BORROWER AND LENDER HEREBY AGREE THAT 40BILLION.COM PROVIDES THE LOAN DOCUMENTS "AS IS" AND, AS PERMITTED BY GOVERNING LAW, WITHOUT ANY WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY AS TO TITLE, SALEABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL 40BILLION.COM BE LIABLE FOR (1) DAMAGES CAUSED OTHER THAN BY INTENTIONAL MISCONDUCT OR (2) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, OR LOSS OF PRIVACY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE 40BILLION.COM WEBSITE OR ANY OF THE ASSOCIATED SERVICES, EVEN IF 40BILLION.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.