1. Uses of this Web Site. This Web site is intended for personal, non-commercial use. You may print, copy and download any information or portion of this Web site for your personal use only. You may not collect or store personal data about other users. You may not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication. You will not use any electronic communication feature of the Web site for any purpose that is unlawful, tortious, abusive, intrusive on another privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful. Unauthorized use of this Web site and or any LENDSMART systems, including, but not limited to, unauthorized entry into LENDSMART'S systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any LENDSMART site or service or interfere with any other party's use and enjoyment of any LENDSMART site or service, including uploading, posting, emailing, or otherwise transmitting any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. You may not attempt to gain unauthorized access to any LENDSMART site or service, computer systems or networks connected to any LENDSMART site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.
LENDSMART reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and LENDSMART does not undertake any obligation or responsibility to update or amend any such information. LENDSMART may discontinue or change any product or service described in or offered on this Web site at any time.
2. Accounts, Security, and Passwords. Certain areas of the Web site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Web site or any features at all.
If the Web site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data; and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your supervision. You agree to notify LENDSMART immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or otherinformation which provides you access to the Web site. LENDSMART is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
You agree that LENDSMART may collect and use technical and usage data and related information, including but not limited to technical information about your device, date and time of Web site access, system and Web site software, and peripherals, that is gathered periodically to facilitate the provision of product support and other services to you (if any) related to the Web site. You grant LENDSMART the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content which LENDSMART believes you may be of interest to you, including working with third parties who provide targeted advertising content.
3. Disclaimer of Warranty and Limitation of Liability. The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. LENDSMART does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. LENDSMART will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources, we believe to be reliable, LENDSMART cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.
Neither LENDSMART, nor any of its affiliates, directors, officers or employees, nor any third-party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting in any way from or in connection with:
I) any errors, acts or omissions in the technical operation or content of the Web site;
II) the Web site and any data or content therein, or any products or services made available through the Web site;
III) any action taken in connection with an investigation by LENDSMART, law enforcement or other authorities regarding your use of the Web site or its content;
IV) any action taken in connection with copyright owners; the conduct, actions, or inactions of Web site users; or
V) any other cause relating to your access to, inability to access, or use of the Web site or these materials,
Regardless of whether the circumstances that give rise to such cause may have been within the control of LENDSMART or of any vendor providing software or services. In no event will LENDSMART or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages or any other damages of any kind even if LENDSMART or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes orother labor problems or any force majeure. LENDSMART cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.
The Web site may contain facts, opinions, views, statements, and recommendations of third-party individuals and organizations. Â LENDSMART does not represent or endorse the accuracy, timeliness, or reliability of any facts, opinions, views, statements, or recommendations or other information displayed, uploaded, or distributed through the Web site. Â You acknowledge that any reliance upon such facts, opinions, views, statements or recommendations is at your sole risk. Â IN NO EVENT WILL LENDSMART OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THIS WEB SITE, REGISTERING WITH LENDSMART AND/OR ACCEPTING ANY INFORMATION FROM THIS WEB SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LENDSMART AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYSTM FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE WEB SITE OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE WEB SITE; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN LENDSMART'S DEFENSE OF ANY CLAIM. LENDSMART RESERVES THE RIGHT, AT ITS 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 MATTER WITHOUT THE WRITTEN CONSENT OF LENDSMART.
4. Proprietary Right. All right, title and interest in this Web site and any content contained herein is the exclusive property of LENDSMART, except as otherwise stated. Unless otherwise specified, this Web site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Web site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without LENDSMART's prior written approval. If you copy or download any information or software from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
LendSmart, and the other trademarks, logos, and service marks displayed on this Web site (collectively the "Trademarks") are the trademarks of LendSmart. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose including,but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of LENDSMART.
5. Submissions. If you submit material intended for display on this Site, you agree not to submit any content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, or otherwise injurious to LENDSMART or third parties. Â You further agree that you will not include personal information about third parties or infringe the privacy rights of third parties; and that you will not submit materials that consist of or invoke malicious software code, consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. Â You further agree that you will not misrepresent an affiliation with another person or organization, nor will you impersonate any person or organization, including the personnel of LENDSMART, nor will you post any content that contains a business solicitation.
Materials you submit to LENDSMART may not be acknowledged. Â You hereby grant to LENDSMART a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat any materials in which you may be deemed to continue to hold any ownership right as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising.
By using this Site, creating an account, and otherwise posting or submitting content to LENDSMART, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary.
You agree that you will not submit any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Site. If you violate this Agreement and submit unsolicited materials, ideas, suggestions or creative concepts, ("Unsolicited Information"), such Unsolicited Information shall be deemed by LENDSMART to be, and shall remain, the property of LENDSMART, and LENDSMART shall be entitled to unrestricted use of such Unsolicited Information for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Unsolicited Information shall be subject to any obligation of confidence, and LENDSMART shall not be liable for any use or disclosure of any Unsolicited Information.
7. Privacy. Please see the Privacy Statement contained on the website