Please carefully review these terms and conditions of use before using this site or accessing any data thereon. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms without limitation or exclusions, you must exit this site immediately.
The following are terms of a legal agreement (the â€œAgreementâ€) between you, individually and/or as an agent on behalf of an entity or another registered user (â€œyouâ€) and DocJava, Inc (â€œBondButcherâ€) that sets forth the terms and conditions for your use of this web site at www.BondButcher.com, including any subdomain thereof (the â€œSiteâ€). The Site is owned and operated by BondButcher. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing 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 andBondButcher .
BondButcher reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. BondButcher may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
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 â€œContentâ€), is held by BondButcher or by the original creator of the material and is protected by U.S. and International copyright laws or 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 BondButcher. You acknowledge that the Content is and shall remain the property of BondButcher. 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 website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without BondButcherâ€™s prior written approval.
You also may not, without BondButcherâ€™s express written permission, â€œmirrorâ€ 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 BondButcherâ€™s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. BondButcher makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, 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 BondButcher.
Members of the BondButcher community must be U.S. Residents
and Accredited Investors with a valid social security number
that are 18 years of age or older. Children under the age of
18 are not eligible to participate in the offerings on the
I/we understand that notes/bonds listed on Bond Butcher as a potential investing source is restricted to "Accredited Investors". In making this request for listing I/we represent that I/we qualify as an Accredited Investor as that term is defined in federal and state securities laws, and specifically that I/we meet one or more of the following requirements:
1. Any bank as defined in section 3(a)(2) of the Securities Act of 1933, or any savings and loan association or other institution as defined in section 3(a)(5)(A) of the Act whether acting in its individual or fiduciary capacity; any broker or dealer registered pursuant to section 15 of the Securities Exchange Act of 1934; any insurance company as defined in section 2(a)(13) of the Act; any investment company registered under the Investment Company Act of 1940 or a business development company as defined in section 2(a)(48) of that Act; any Small Business Investment Company licensed by the U.S. Small Business Administration under section 301(c) or (d) of the Small Business Investment Act of 1958; any plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees, if such plan has total assets in excess of $5,000,000; any employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 if the investment decision is made by a plan fiduciary, as defined in section 3(21) of such act, which is either a bank, savings and loan association, insurance company, or registered investment adviser, or if the employee benefit plan has total assets in excess of $5,000,000 or, if a self-directed plan, with investment decisions made solely by persons that are accredited investors;
2. Any private business development company as defined in section 202(a)(22) of the Investment Advisers Act of 1940;
3. Any organization described in section 501(c)(3) of the Internal Revenue Code, corporation, Massachusetts or similar business trust, or partnership, not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $5,000,000;
4. Any director, executive officer, or general partner of the issuer of the securities being offered or sold, or any director, executive officer, or general partner of a general partner of that issuer;
5. Any natural person whose individual net worth, or joint net worth with that person's spouse, at the time of his purchase exceeds $1,000,000;
6. Any natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint income with that person's spouse in excess of $300,000 in each of those years and has a reasonable expectation of reaching the same income level in the current year;
7. Any trust, with total assets in excess of $5,000,000, not formed for the specific purpose of acquiring the securities offered, whose purchase is directed by a sophisticated person as described in Rule 506(b)(2)(ii)
8. Any entity in which all of the equity owners are accredited investors
You agree not to post, upload, publish, display, transmit, share, 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 BondButcher member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driverâ€™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 â€œGoogleÂ® searchâ€ or other online research).
BondButcher (including the BondButcher logo), BondButcher.com, and all related logos (collectively the â€œBondButcher Trademarksâ€) are trademarks or service marks of BondButcher. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by BondButcher 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 BondButcher 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 BondButcher.BondButcher prohibits use of any of the BondButcher Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by BondButcher in advance. Any questions concerning any BondButcher Trademarks, or whether any mark or logo is a BondButcher Trademark, should be referred to BondButcher.
LINKS TO THIRD-PARTY SITES
CONSENT TO DOING BUSINESS ELECTRONICALLY
Whether you choose to participate on the Site as a borrower or investor, or in another manner, from time to time you will receive disclosures, notices, documents and information (â€œCommunicationsâ€) as required by law from BondButcher, DocJava, Inc, or our respective agents (collectively, â€œweâ€ or â€œusâ€). This section informs you of your rights when receiving Communications from us electronically.
Electronic Communications. You agree that all Communications from BondButcher, and our respective agents relating to your use of the Site or related services may be provided or made available to you electronically by e-mail or at the Site. You 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 Communications 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 to which such Communications relate, whether between you and BondButcher or you and DocJava, Inc.
Hardware and Software Requirements. To access and retain the Communications electronically, you will need to use a device with an internet connection and an up-to-date browser capable of opening portable document formats (â€œPDFâ€), such as Microsoft Internet Explorer (see www.microsoft.com/ie for current version) or Mozilla Firefox (see www.mozilla.com for current version), and a valid email address that has been provided to BondButcher. You acknowledge that you can receive and access communications in the formats described herein. For access and optimal printing of your loan documents in PDF format, please download Adobe Reader (to install the free version of Adobe Reader click here: http://get.adobe.com/reader/otherversions/). You acknowledge that you can access the electronic Communications in the designated formats described herein.
Mobile Technology. If you are accessing our site electronically through a mobile device, such as a tablet, smartphone 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 deviceâ€™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 BondButcher platform, and (2) any pending listings or bids will automatically terminate and be removed from theBondButcher platform. The withdrawal of your consent will not affect the legal validity and enforceability of any pending loans obtained through the BondButcher 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 or investor, 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 BondButcher platform is assignable to any entity that succeeds BondButcher in servicing your loan, and/or owns a (i) Promissory Note evidencing a loan you obtained through the BondButcher platform; or (ii) Borrower Payment Dependent Note you purchased through the BondButcher platform.
Changes in Your Contact Information. You agree to keep us informed of any changes in the telephone number, email and mailing address you provide to us so that you continue to receive all Communications without interruption. You can contact us by email at email@example.com or by writing to us at DocJava, Inc, c/o BondButcher, 521 Popes Island Rd, Milford CT 06461, Attn: Compliance.
CALL RECORDING AND MONITORING
You consent to the recording and monitoring, for purposes including but not limited to quality assurance, training, risk management and/or collection purposes, of any call that you place with BondButcher (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that BondButcher (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) places to you.
DISCLAIMER OF WARRANTIES
None of BondButcher, its parent, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the â€œBondButcher Partiesâ€) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the BondButcher Parties disclaim liability for errors or omissions in the Content.
This Site and all of the Content is provided â€œas isâ€ and â€œas available,â€ 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 BondButcher 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 BondButcher 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 BondButcher Parties do not undertake any obligation or responsibility to update or amend any such information. The BondButcher 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 BondButcher Parties be liable for any damages 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 party 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 BondButcher Parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The BondButcher 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 of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the BondButcher Partiesâ€™ 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 BondButcher Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneysâ€™ fees and costs, incurred by the BondButcher 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. BondButcher Parties reserve the right, at their own expense, to assume the 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 BondButcher. You further agree to indemnify and hold harmless BondButcher Parties from any claim arising from a third partyâ€™s use of information or materials of any kind that you post to the Site.
MONITORING OF THE SITE
BondButcher has no obligation to monitor the Site; however, you acknowledge and agree that BondButcher 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, present marketing or other promotional offers to you either on the Site or on a third party site, or to protect itself or other users 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 BondButcher 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 BondButcher. BondButcher 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 BondButcherâ€™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 BondButcher 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
RESOLUTION OF DISPUTES: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY, AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION, AS PROVIDED IN PARAGRAPH (i) BELOW.
(a) In this Arbitration Section:
(i) â€œYouâ€ and â€œyourâ€ mean the individual entering into this Agreement, as well as any person claiming through such individual;
(ii) â€œWeâ€ and â€œusâ€ means DocJava, Inc and any originating bank involved in your transaction, and each of their respective parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as the officers, directors, and employees of each of them;
(iii) â€œClaimâ€ means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between us and you (including claims arising prior to or after the date of the Agreement, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration Section.
(b) Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed (â€œRulesâ€). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. If you file a claim, you may choose the administrator; if we file a claim, we may choose the administrator, but we agree to change to the other permitted administrator at your request (assuming that the other administrator is available). You can obtain the Rules and other information about initiating arbitration by contacting the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; or by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614, (949) 224-1810, www.jamsadr.com. The address for serving any arbitration demand or claim on us is DocJava, Inc., 521 Popes Island Rd, Milford, CT 06461, Attention: Compliance.
(c) Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten yearsâ€™ experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.
(d) We will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for any fees paid by you to the administrator or arbitrator. Each party shall bear its own attorneyâ€™s, expertâ€™s and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration.
(e) Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as you and we may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. Â§ 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitratorâ€™s award. The arbitratorâ€™s decision will be final and binding except that: (1) any party may exercise any appeal right under the FAA; and (2) any party may appeal any award relating to a claim for more than $100,000 to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. The panelâ€™s decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appealâ€™s cost, regardless of its outcome. However, we will consider any reasonable written request by you for us to bear the cost.
(f) YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one personâ€™s claims. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. The validity and effect of this paragraph (f) shall be determined exclusively by a court, and not by the administrator or any arbitrator.
(g) If any portion of this Arbitration Section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if paragraph (f) of this Arbitration Section is deemed invalid or unenforceable in whole or in part, then this entire Arbitration Section shall be deemed invalid and unenforceable. The terms of this Arbitration Section will prevail if there is any conflict between the Rules and this section.
(h) YOU AND WE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERAL ARBITRATION ACT).
(i) You understand that you may reject the provisions of this Arbitration Section, in which case neither us nor you will have the right to elect arbitration. Rejection of this Arbitration Section will not affect the remaining parts of this Agreement. To reject this Arbitration Section, you must send us written notice of your rejection within 30 days after the date that this Agreement was made. You must include your name, address, and account number. The notice of rejection must be mailed to DocJava, Inc., 521 Popes Island Rd, Milford, CT 06461, Attention: Legal Department. This is the only way that you can reject this Arbitration Section.
(j) You and we acknowledge and agree that the arbitration agreement set forth in this Arbitration Section is made pursuant to a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Section. This Arbitration Section shall survive the termination of this Agreement.
(k) This Arbitration Section shall not apply to covered borrowers as defined in the Military Lending Act.
In the event that a dispute does not proceed to arbitration, 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 United States and, to the extent applicable, to the laws of the State of Connecticut , without regard to its conflict of laws rules. You agree that you will notify BondButcher in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give BondButcher 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 BondButcher.
This Agreement shall be subject to any other agreements you have entered into with BondButcher.
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 BondButcherâ€™s designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- 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
- 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 ownerâ€™s behalf.
You may contact BondButcherâ€™s agent for notification of claimed copyright infringement by e-mail at firstname.lastname@example.org or by regular mail at DocJava, Inc., 521 Popes Island Rd, Milford, CT 06461, Attention: Compliance.
If you have questions regarding the Agreement or the practices of BondButcher, please contact us by e-mail at email@example.com or by regular mail at DocJava, Inc., 521 Popes Island Rd, Milford, CT 06461, Attention: Compliance.
Last Updated: June 21, 2017