These Terms and Conditions govern the terms under which you ("User" or "you") are permitted to access or use LenderStreet.com LLC's ("LenderStreet" or "we" or "us") website at www.LenderStreet.com (the "Site"). Persons and entities that execute or agree to the terms of the LenderStreet.com, LLC Affiliate Agreement (and all documents incorporated by reference therein, collectively, the "Agreement") are referred to as "Affiliates," and Affiliates (and their Users) shall be bound by the Agreement with respect to their activities as an Affiliate.
By accessing and using the Site, User accepts and agrees to be legally bound by these Terms and Conditions. If User does not agree with all of the terms of this document, User must discontinue access to and use of the Site.
1.1 User is permitted to access and view the public portions of the Site to the extent permitted by these Terms and Conditions. LenderStreet may (but is not required to) provide User with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Site (collectively, "Access Codes"). The LenderStreet content contained in restricted portions of the Site is confidential to LenderStreet, and is provided to User for its legitimate personal or business use only as permitted by the terms of such restricted portions of the Site. User agrees to securely maintain, and not share with or provide to third parties, the Access Codes. LenderStreet assumes no liability for any access to information or transactions that are executed with the Access Codes provided to User. We strongly recommend that you change the Access Codes on a periodic basis and whenever a representative terminates employment or contract or User suspects that knowledge of the Access Codes is no longer limited to those authorized by User.
2.1 LenderStreet reserves all rights in and to the Site's content and operation (other than the advertising submitted by LenderStreet Affiliates, which is referred to as "Advertising"), whether under patent, copyright, publicity or moral rights, trade secret, trademark, unfair competition or other similar laws or protections in this or any other jurisdiction, whether foreign or domestic, regardless of whether or not such rights or protections are registered or perfected (collectively, "Intellectual Property Rights"). No license to or right in any trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights or Intellectual Property Rights of LenderStreet and/or other parties is granted to or conferred upon User.
2.2 User shall be solely responsible for all content it submits to the Site, whether as comments, chats, postings, tweets, or e-mail messages sent to the Site's contact e-mail address. User covenants and agrees not to submit to the Site any material that is: (i) libelous, pornographic, obscene, or defamatory under any federal or state law; (ii) an infringement on any third party's intellectual property rights (including copyright, patent, trademark, trade secret or other proprietary rights); or (iii) an infringement on any third party's rights of publicity or privacy. User represents and warrants that it owns, or has licensed from third parties, all rights necessary to submit the content it provides to the Site. User further covenants and agrees to comply with all applicable laws, statutes, ordinances, and regulations in accessing or using the Site.
2.3 User may not copy or modify the Site or any portion thereof (including any LenderStreet or third party content on the Site). User may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Site. User may not tamper with the Site or otherwise undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the Site and/or any mechanisms operatively linked to the Site. User agrees not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and agrees not to take any action that imposes an unreasonable or disproportionately large load on LenderStreet's infrastructure. In addition, User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy data or content on the Site without the prior express consent from an authorized LenderStreet representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site). User may not rent, lease, loan, sell, merge or redistribute the content of the Site.
2.4 With respect to all communications that User makes to LenderStreet, including but not limited to feedback, questions, comments, suggestions and the like, and with regard to patterns of usage by the User (such as links accessed): (a) User shall have no right of confidentiality in its communications and LenderStreet shall have no obligation to protect User's communications from disclosure; (b) LenderStreet shall be free to reproduce, use, disclose and distribute User's communications without limitation; and (c) LenderStreet shall be free to use any ideas, concepts, know-how, content or techniques contained in User's communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
2.6 If User creates any link from another web site to the Site, such link: (a) must not frame or create a browser or border environment around any of the content of the Site; (b) may link to, but not replicate, the content; (c) must not imply that LenderStreet or the Site is endorsing or sponsoring it or its products, unless LenderStreet has given its prior written consent; (d) must not present false information about LenderStreet or its products or services; (e) must not use any LenderStreet trademarks without the prior written permission from LenderStreet; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms and Conditions, we reserve the right to deny permission to link to the Site for any reason in our sole and absolute discretion.
3.1 THE SITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LENDERSTREET MAKES NO WARRANTY THAT (i) THE USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED, (iii) THAT THE SITE WILL BE FREE FROM OR NOT SUSCEPTIBLE TO VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE OR EXPLOITS AND/OR (iv) THAT YOU MAY USE THE SITE WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
3.2 Information on the Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. LenderStreet shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. LenderStreet reserves the right to make changes, corrections, cancellations and/or improvements to information on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction. LenderStreet Affiliates whose sites are accessed via the Site are solely responsible for the accuracy of content on their web sites, including but not limited to inaccuracies relating to pricing or availability. The Site contains information on LenderStreet's products and services, not all of which are available in every location. A reference to a LenderStreet product or service on the Site does not imply that such product or service is or will be available in User's location.
IN NO EVENT SHALL LENDERSTREET BE LIABLE TO YOU, ANY USERS OF THE SITE OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, OR CORRUPTION OR LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT LENDERSTREET HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. LENDERSTREET'S TOTAL LIABILITY TO YOU, ANY USERS OF THE SITE OR ANY THIRD PARTY, IN ANY EVENT, WILL BE LIMITED TO THE LESSER OF $500 OR (IF YOU BECOME A LENDERSTREET AFFILIATE) THE TOTAL FEES YOU PAY US IN THE YEAR IN WHICH THE LOSS FIRST ARISES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
User agrees to indemnify and hold harmless LenderStreet, its employees, officers, directors and members, all other Users, and other suppliers and any related third parties, against and in respect of any and all third party claims, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses (including reasonable legal fees and expenses of attorneys chosen by LenderStreet) as and when incurred, arising out of or based upon any act or omission or alleged act or alleged omission by User in connection with the breach by User of these Terms and Conditions. User shall promptly notify LenderStreet of all claims and proceedings related thereto of which User becomes aware.
6.1 These Terms and Conditions shall be governed by the laws of the United States, and the State of Kansas without regard to its conflict of law provisions. Any legal action for or arising out of these Terms and Conditions or the User's access to or use of the Site shall be filed exclusively in the Kansas State Court located in Olathe, Kansas or the United States District Court for the District of Kansas at Kansas City, Kansas, as applicable under prevailing rules of subject matter jurisdiction. User and LenderStreet hereby consent to the exclusive jurisdiction of the courts described in the previous sentence. User irrevocably waives any claim or defense that such forum is not convenient or proper, and consents to service of process by any means authorized by Kansas law. LenderStreet will disclose any information regarding the access to or use of this Site, including personal information pertaining to User, without User's permission when required by law, or in the good faith belief that such action is necessary to investigate or protect against harmful activities to LenderStreet Affiliates, Users, associates, or property (including the Site), or to others.
6.3 Any clause in the Terms and Conditions that is found to be invalid or unenforceable shall be deemed deleted and the remainder of the Terms and Conditions shall not be affected by that deletion.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LenderStreet's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. S512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.