These Terms of Use (the "Terms"), which incorporate our Privacy Policy govern access to and use services provided by LienStreet (the "Provider") via the website, applications, ads, communications or other services (collectively the "Services"). By accessing and using the Services, a company or legal entity (a "User") agrees to be bound by these Terms.
You must be 18 years of age or older and not prohibited from using services by applicable law. Except as set forth below, the services are for your personal, non-commercial use unless you enter into a separate commercial use agreement with the Provider.
You may NOT use the Services if we have terminated your account(s) or banned you.
By creating an account, you agree to accept and receive communications from LienStreet, LienStreet affiliates, and our third-party service providers.
These communications may be via email, text message, calls, push notifications, or otherwise. You understand and agree that you may receive communications generated by automated systems on behalf of LienStreet. Message and data rates may apply.
Some communications will persist as required as part of your use of our Services, unless you choose to delete your account(s).
Content produced by LienStreet and other third parties is made available to you through the services. You understand and agree that:
Whether or not you’ve set up an account on our services, if you use our services we may process your personal data. We describe how we may use your personal data in our Privacy Policy. This includes personal data we use to offer or provide our services to you, our customers, other users, and the public, as well as to manage and improve our services. We also collect and share personal data with third party service providers acting on our behalf, including providers of analytics services that may record or log your activities on our services, including text you enter, pages you visit, and features you interact with. By using our services, you agree to this data processing and sharing.
The User agrees that they:
The User also agrees not to
The Provider may, at our sole discretion:
We reserve the right ot investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: suspending some or all of your rights to use the Services, terminating your account(s); reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
The User understands and agrees that in certain circumstances we may disclose users' personal data to third parties, such as when we are required to by law or valid legal process. You can read more about specific circumstances in our Privacy Policy. While we have no obligation to, we reserve the right to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's identifying information or personal data. We make no guarantee or representation that we will seek to protect user anonymity or, if we elect to do so, that we will be successful.
The User agrees to defend, indeminfy, and hold the Provider and its affiliates and subsidiaries and respective officers, directors, board members, board advisors, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of the Services, including due to or arising from your breach of any provision of these Terms, or related to you providing false information regarding your identiy.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any communications, including emails, texts, or notifications or messages corresponding with any activity on the services or any other communications service, product, or feature provided on or through the services, are provided solely as a courtesy. LienStreet disclaims all warranties with regard to the transmission or storage of these courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent or received. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
LienStreet assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information.
We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the services or combination thereof, including any injury or damage to users or to any person’s device related to or resulting from participation or downloading materials in connection with the services. Under no circumstances shall we be responsible for any loss or damage resulting from the use of the services or from any Content submitted to the services or transmitted to users, or any interactions between users of the services, whether online or offline.
THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
LienStreet reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the services and/or any features, information, services, materials, Content, or information on the services with or without notice to you. You agree that LienStreet will not be liable to you or any third party for any modification or discontinuance of the service or any portion thereof.
IN NO EVENT SHALL LienStreet BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT LienStreet's LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code (or similar applicable law in your jurisdiction), which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted in these Terms, including but not limited to the releases and/or discharges of unknown claims.
These Terms remain in effect while you use the services and, for registered users, as long as your account(s) remains open. You may delete your account(s) at any time. We may suspend or terminate your account(s) or your access to parts of the services, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account(s) or related deletion of your data.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of the services. For the avoidance of doubt, you agree that these Terms apply to your use of the services and any Content submitted on the services at any time prior to the termination or expiration of these Terms.
We may revise these Terms from time to time by posting an updated version available via a link on the services. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by communication (e.g., by email or text message sent to the e-mail address or phone number specified in your account) and/or by means of a notice on the services prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms.
Your continued use of the services is subject to the most current effective version of these Terms.