Terms of Service

 Terms & Conditions

This website is operated by Paxton Martin Finance LLC ("Company," "we," "us," or "our"), through our website paxtonmartinfinance.com ("Website"), which facilitates the provision of business services (collectively, "Products and Services"). Additionally, the Company may, at its discretion, offer other products or services for sale. The Company's offering of Products and Services is subject to the following Terms and Conditions of Use (the "Terms"), which may be periodically revised by us.

By accessing our Website and/or utilizing our Products and Services, you expressly acknowledge and agree to comply with these binding Terms. When using our Website, you further acknowledge and agree to adhere to any posted guidelines governing the use of our Products and Services, which may be modified from time to time, and to fully comply with all applicable laws, regulations, and rules. Should you object to any provision of these Terms, guidelines, or subsequent modifications, or should you become dissatisfied with the Website or our Products and Services, it is imperative that you promptly cease any further use of the Website. These Terms shall remain in full force and effect for the duration of your status as a user of the Website and/or a registered user. In the event of the termination of any membership, service, or feature, you shall remain bound by your obligations under these Terms, including any indemnification, warranty, and limitation of liability provisions. We strongly encourage you to review these Terms periodically. The Company reserves the unilaterally exercisable right, at any time, to amend the Terms by publishing revised terms on the Website. Your continued use of the Website and/or our Products and Services subsequent to the publication of such changes shall signify your unequivocal acceptance of the modified Terms, with respect to any additional use of the Website or acquisition of Products and Services. Moreover, you explicitly consent to the Company's authorized access and use of any information provided by you for the purpose of delivering Products and Services, and, if necessary, to obtain contact information to facilitate notifications related to the Products and Services we have provided to you.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND ACCEPTING THESE TERMS, YOU HEREBY AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY COMPETENT TO ENTER INTO A BINDING CONTRACT.

Access to the Website and Limitations on Usage

The Company hereby grants you a limited, revocable, nonexclusive, and non-transferable license to access our Website and utilize our Products and Services solely for your personal use. Except as expressly permitted by the Company, you shall not download or modify any portion of the Website. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner without our explicit written permission. Violation of these Terms shall result in the automatic termination, without notice, of your license to access the Website and may also constitute an infringement of the Company's intellectual property rights, including but not limited to copyright and trademark rights. You expressly agree not to access or attempt to access any computer system of the Company, its programs, or its data that are not intentionally made available for public use. Unless expressly stated herein, you are not granted any rights or licenses, whether by implication, estoppel, or otherwise, in or to any patents, trademarks, copyrights, or proprietary rights owned or licensed by the Company or any third party, in connection with your use of the Website or any Materials provided by the Company or any third party on the Website. The various elements comprising the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the overall "look and feel" of the Website (including its design, layout, color combinations, button shapes, and other graphical elements), are protected by copyright, trade dress, and other state and federal laws, and may not be copied or imitated, either in whole or in part.

You hereby agree that you shall not engage in any of the following activities:

a. Employ any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

b. Circumvent, disable, or interfere with the security features of the Website, or any features that prevent, limit, or restrict the use or copying of the Website or any Materials.

c. Copy, reproduce, republish, upload, post, transmit, or distribute any Materials, in whole or in part, without obtaining our express written permission, except as expressly permitted by us.

d. Transmit any software or materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs, or other destructive or harmful items.

e. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website, or attempt to derive any source code or underlying ideas or algorithms embodied within the Website.

f. Engage in any activity that, in our sole judgment, imposes or may impose an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure.

g. "Frame" or "mirror" the Website, or any part thereof, without our prior written authorization.

h. Utilize the Website or any Materials for any unlawful purpose.

i. Engage in spamming or flooding activities.

j. Resell or commercially exploit the Website or Materials, or create any derivative works based on the Website or Materials.

Privacy Policy

The Privacy Policy of the Company, as displayed on our Website, is an integral part of these Terms. We kindly ask you to read it carefully, as it applies to the collection and use of information from you.

Modification or Suspension of the Website

You acknowledge and agree that the Company, at its sole discretion, may make modifications, discontinue, or suspend the operation of this Website or any part thereof, temporarily or permanently, without prior notice to you. You further agree that the Company shall not be held liable for any consequences arising from such actions.

Content Disclaimer

The Company, along with its owners, principals, representatives, and agents, assumes no responsibility for any direct or indirect consequences resulting from any action or inaction taken by you based on the information, products, services, or materials available on the Website. While the Company strives to maintain the accuracy, completeness, and timeliness of the information on the Website and the featured products and services, we cannot guarantee and shall not be held responsible for any damage or loss related to the accuracy, completeness, or timeliness of such information.

Your use of the Website is subject to any additional disclaimers and caveats that may appear throughout the Website and with the products and services featured by us.

Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WHILE THE COMPANY MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, WE DO NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE COMPANY MAKES NO WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limitations of Liability and Damages

YOU AGREE THAT THE COMPANY, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON, EXCEPT TO THE EXTENT OF THE AMOUNT YOU PAID TO THE COMPANY. UNDER NO CIRCUMSTANCES SHALL SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS SECTION IS INTENDED TO MODIFY THE PROVISIONS OF APPLICABLE LAWS.

Compliance With Laws

You agree to comply with all applicable federal, state, and local laws, regulations, rules, and ordinances regarding your use of the Website, including laws related to the import/export of technical data through online transmission.

Indemnity

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, attorneys, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your violation of the Terms, or your breach of any acknowledgements, agreements, representations, warranties, and obligations herein.

You acknowledge that the Company has set its prices and provided access to the Website in reliance on these limitations of liability and damages and the indemnity stated in these Terms. You agree that these limitations of liability and damages and the indemnity shall remain in effect even if they are found to have failed their essential purpose.

Links to Third-Party Sites

The Website may contain links to independent websites that are not operated by the Company. These links are provided solely for your convenience, and we make no representation or warranty regarding the accuracy, completeness, or authenticity of the information contained on, or the products or services provided or sold by, any such third-party site. Your use of any third-party website is at your own risk, and you agree that the Company shall not be responsible for any loss or damage incurred from dealing with such third-party websites.

Ownership of Content

The Company is the owner and operator of this Website. The materials provided on this Website, including the "look and feel" of the Website (including design, layout, color combinations, button shapes, and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively referred to as the "Materials"), are owned by the Company or third parties. Except as expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Our intellectual property rights are not conferred upon you by accessing this Website, and any rights not expressly granted to you by these Terms are reserved by us.

All Website design, text, graphics, and the selection and arrangement thereof are owned by the Company. Copyright © 2023 Paxton Martin Finance. ALL RIGHTS RESERVED.

Enforcement of Rules and Policies

We reserve the right to investigate any reported violation of our policies or complaints and take appropriate action, at our sole discretion. Such action may include issuing warnings, suspending or terminating your rights to use our Website. You acknowledge that the Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after such termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.

To safeguard our rights, property, and personal safety, as well as the rights, property, and personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with law enforcement requests for information or documents, administrative, civil, or criminal subpoenas, or court orders. We may disclose your information, including user profile information (such as name and email address), IP addressing traffic information, and usage history regarding a user, in connection with such circumstances.

You are solely responsible for the content you submit on or through the Website, as well as any content or information transmitted to other users or third-party advertisers on the Website.

Governing Law

The Terms and the relationship between you and the Company shall be governed by the laws of the State of New York, without regard to any conflicts of laws principles.

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Summary:

Most concerns can be resolved promptly and to your satisfaction by contacting our Customer Service Center via info@paxtonmartinfinance.com. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is a less formal process than a lawsuit. It employs a neutral arbitrator instead of a judge or jury, allows limited discovery compared to courts, and is subject to restricted court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will occur on an individual basis. Representative, group, collective, or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Paxton Martin Finance may pay you more than the amount of the arbitrator's award and will cover your actual, reasonable attorney's fees if you are awarded an amount greater than what Paxton Martin Finance offered to settle the dispute before arbitration.

You may consult with your attorney before using this Website or making any product or service purchase. However, your use of this Website and the purchase of any product or service constitute your agreement to these Terms.

Arbitration Agreement:

Paxton Martin Finance and you agree to resolve all disputes and claims between us through arbitration before a single arbitrator. The scope of disputes and claims subject to arbitration is intended to be broadly interpreted, including but 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, advertising, or any other legal theory;

Claims that arose prior to these or any prior Terms becoming effective;

Claims that are currently the subject of 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.

For the purposes of this Arbitration Agreement, references to “Paxton Martin Finance,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Website and our products and services under these Terms or any prior agreements between us.

This arbitration agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies if the law permits. Such agencies can seek relief against Paxton Martin Finance on your behalf, if appropriate. By entering into these Terms, you and Paxton Martin Finance each WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE, OR CLASS ACTION OR ARBITRATION.

You acknowledge that the use of this Website and/or the purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives the termination of these Terms.

b. A party seeking arbitration under these Terms must initially send a written Notice of Dispute ("Notice") by U.S. certified mail to the other party. A Notice to Paxton Martin Finance should be addressed to: (see Contact Us page). Paxton Martin Finance may send a written Notice to the email address you provided when creating an account, if applicable. The Notice must (a) describe the nature and basis of the claim or dispute and (b) specify the relief sought ("Demand"). If Paxton Martin Finance and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Paxton Martin Finance may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Paxton Martin Finance or you must not be disclosed to the arbitrator.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by these Terms, and will be 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. If there is a conflict between the AAA Rules and these Terms, these Terms will control. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, including, but not limited to, seeking injunctive relief and any other relief available from the courts, such as temporary restraining orders, preliminary injunctions, and permanent injunctions.

The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Paxton Martin Finance. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Paxton Martin Finance.

If you prevail in arbitration and the arbitrator's award is greater than the value of the last settlement offer made by Paxton Martin Finance before the arbitrator renders an award to you, Paxton Martin Finance will:

(a) Pay you either the amount of the award or $1,000 ("Alternative Payment"), whichever is greater; and

(b) Pay your actual, reasonable attorney's fees, unless the fee is duplicative, provided that the attorney's hourly rate does not exceed $500 per hour.

If Paxton Martin Finance prevails in arbitration, it will pay all arbitration fees and expenses, as determined by the arbitrator.

If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a panel of three arbitrators selected by the AAA. The panel will reconsider all aspects of the initial award that are appealed. The panel's decision will be final and binding, except for any appellate right that exists under the FAA.

Notwithstanding any provision in the applicable AAA Rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, representative, group, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

Copyright Infringement Notifications:

Paxton Martin Finance respects the intellectual property of others and expects users of this Website to do the same. If you believe your work has been copied in a way that constitutes copyright infringement or you are aware of any infringing material on the Website, please contact us at info@paxtonmartinfinance.com.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Electronic Signatures and Agreements:

You acknowledge and agree that by clicking on the button labeled "SUBMIT," "DOWNLOAD," "I ACCEPT," or any similar links as designated by Paxton Martin Finance to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and entering into a legally binding contract. Your electronic submissions constitute your agreement and intent to be bound by this Agreement. In accordance with applicable statutes, regulations, rules, ordinances, or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, you affirm that your electronic signature holds the same legal effect as a handwritten signature.

Technical Support:

If you encounter any technical issues with printing or accessing your completed application or experience any other problems, our customer service representatives are available to assist you. Please note that if you request remote access to your computer by a customer service representative in an attempt to resolve your issue, you acknowledge and accept that Paxton Martin Finance is not liable for any ongoing or subsequent technical problems that may arise with your computer.

Miscellaneous:

These Terms constitute the entire agreement between you and Paxton Martin Finance, governing your use of the Website and Materials, and supersede any prior agreements between you and Paxton Martin Finance. Paxton Martin Finance’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms do not limit any rights that Paxton Martin Finance may have under trade secret, copyright, patent, or other laws. Any modifications or additional representations, commitments, or warranties must be in writing and signed by an authorized officer of Paxton Martin Finance. In the event of a breach of these Terms, Paxton Martin Finance reserves the right to seek equitable remedies, including but not limited to a temporary restraining order, preliminary injunction, and/or permanent injunction.

Notice for California Users:

Under California Civil Code Section 1789.3, users of the Website residing in California are entitled to specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

European Users:

If you are a resident of the European Economic Area, you have certain data protection rights under the European Union's General Data Protection Regulation (GDPR). These rights include the right to access, correct, update, or request deletion of your personal information. You can exercise these rights by contacting Paxton Martin Finance at info@paxtonmartinfinance.com. Please note that we may charge a reasonable fee or refuse to comply with unfounded, repetitive, or excessive requests. You also have the right to object to the processing of your personal information, request restriction of processing, or request the portability of your personal information to another service provider. You can opt-out of marketing communications by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you or by contacting us at info@paxtonmartinfinance.com. If you have provided consent for the processing of your personal information, you can withdraw your consent at any time, without affecting the lawfulness of processing based on consent prior to withdrawal. If you have concerns about our collection and use of your personal information, you have the right to lodge a complaint with your local data protection authority. Please note that we may need to verify your identity and request additional information to process your requests and ensure the security of your personal data.

We strive to respond to all legitimate requests promptly and within a reasonable timeframe, taking into account the complexity of the request. In certain circumstances, the response time may be extended, and we will notify you accordingly.