Lend Street Financial, Inc. Terms of Use

Notice

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING LENDSTREET.COM AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

Lendstreet.com (the “Site”) is operated by Lend Street Financial, Inc., a Delaware corporation, and its subsidiaries (“LendStreet,” “we,” or “us”). LendStreet offers this Site, including all information, tools, products, and services available from this Site, to you, the user, conditioned upon your acceptance of the following Terms of Use (the “Terms”). Your use of this Site constitutes your agreement to the Terms and that you have the legal capacity and authority to be bound by the Terms.

This site is applicable to and should only be used by persons 18 years of age or older located within the United States of America. Access and use of this website by persons under the age of 18 or from locations other than the United States is prohibited.

1. Laws & Regulations

These Terms, your use of the Site, and the resolution of any dispute related to these Terms and your Use of the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflict of laws. You irrevocably consent to the jurisdiction of the United States District Court for the Northern District of California for any action arising out of or relating to these Terms.

This Site has been designed to comply with the laws of the State of California and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you and you are prohibited from accessing or using the Site.

2. Changes; Conflicts

LendStreet reserves the right, at any time without notice to you and in our sole discretion, to change, modify, add, remove, or discontinue all or any portion of the Terms by posting revised terms on the Site. Your continued use of the Site following any changes to the Terms or other policies constitutes your acceptance of those changes. To the extent that there is a conflict between these Terms and the terms of any product or service offered by LendStreet, the terms of the product or service will govern.

3. Your Account Information

By using the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the LendStreet to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Site. That email address and password, together with any mobile number or other contact information you provide, form your “Account Information.”

If you become aware of unauthorized use of your Account Information or any potential instance of identity theft, you agree to notify LendStreet immediately.

4. Privacy Notice

Please review our Privacy Policy, which applies to personal information obtained by us through the Site.

5. Content & Use Restrictions

As a condition to your use of this Site, you warrant to LendStreet, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. LendStreet reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which LendStreet may be entitled at law or in equity.

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 LendStreet client or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’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 “Google® search” or other online research).

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and is owned by LendStreet, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Site, or use of the Site for purposes competitive to LendStreet, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. LendStreet reserves the right to prohibit any person from using this Site for any reason whatsoever. LendStreet or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in LendStreet’s sole discretion. LendStreet neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with LendStreet.

You accept sole responsibility for all of your activities using the Site. You may not use the Site in a manner that:

● Uses technology or other means not authorized by us to access the Site Information or our systems;
● Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access, or otherwise gather any Site Information or our systems, (b) reproduces or circumvents the navigational structure or presentation of the Site, or (c) otherwise harvests or collects information about users of the Site;
● Reverse engineers, decompiles, or disassembles any portion of the Site, except where such restriction is expressly permitted by applicable law;
● Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
● Attempts to gain unauthorized access to our computer network or user accounts;
● Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
● Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
● Is unlawful, fraudulent, or deceptive;
● Attempts to damage, disable, overburden, or impair our servers or networks;
● Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes, or otherwise exploits any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent;
● Fails to comply with applicable third-party terms; or
● Otherwise violates these Terms.

6. Consent to Electronic Delivery

In accordance with the LendStreet E-Sign Disclosure , you agree to receive certain documents and information provided by LendStreet and its affiliates through the Site and/or through email provided to you via the Site. This delivery will generally consist of certain content on the Site and certain other documents relating to LendStreet and its affiliates’ business, including but not limited to:

● Loan Application
● Promissory Note
● Truth-in-Lending Disclosure
● Terms of Use
● Privacy Policy

You acknowledge that you have the appropriate technological equipment to use the Site and to receive email and understand that your use of the Site may incur certain operational costs such as monthly fees for a service provider. You agree to notify LendStreet in the event that you no longer desire to receive content through this electronic delivery procedure and will allow a reasonable amount of time to permit proper delivery to you through other means.

7. Telephone Consumer Protection Act (“TCPA”) Consent

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you expressly consent to receiving communications—including but not limited to pre-recorded or artificial voice message calls, SMS messages (including text messages), and calls made by an automatic telephone dialing system— from us, our affiliates, marketing partners, agents and others calling about any product or service offered by LendStreet or its affiliates. This express consent applies to each such telephone number that you provide to us now or in the future. Your cellular or mobile telephone provider may charge you call and/or message fees according to the type of plan you carry.

8. Copyright/Trademarks

The trademarks, graphics, logos and service marks (“Marks”) displayed on the Site are the proprietary property of LendStreet, its licensors or content providers, or other parties, with all rights reserved. You or third parties acting on your behalf are prohibited from using any Marks 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 LendStreet or such third party that may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

9. Hyperlinking

THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). LENDSTREET IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY PRODUCT OR SERVICE THAT MAY BE OFFERED THROUGH A LINKED SITE. LENDSTREET HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT LENDSTREET HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND LENDSTREET URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE. DIFFERENT TERMS AND CONDITIONS MAY APPLY TO YOUR USE OF ANY LINKED SITES. LENDSTREET IS NOT RESPONSIBLE FOR ANY LOSSES, DAMAGES OR OTHER LIABILITIES INCURRED AS A RESULT OF YOUR USE OF ANY LINKED SITES.

10. DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

LENDSTREET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LENDSTREET OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. LENDSTREET DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL LENDSTREET BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

11. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND ANY LINKED SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND ANY LINKED SITE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LENDSTREET NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, LENDSTREET’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LENDSTREET, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER LENDSTREET NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH LENDSTREET IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND LENDSTREET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Indemnity

You agree to indemnify, defend, and hold harmless LendStreet, its subsidiaries and affiliates, and their directors, officers, agents, contractors, partners and employees, from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney’s fees and court costs, arising out of or resulting from or in connection with your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. LendStreet reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LendStreet in the defense of such matter.

13. Miscellaneous

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

Waiver

LendStreet’s failure or delay in exercising any right, power, or remedy under these Terms shall not operate as a waiver of any such right, power, or remedy.

14. Contact Us

If you have questions, comments, or complaints regarding these Terms of Use, the Site, or any products or services offered by LendStreet, you may call 1-888-412-8929, email us at support@lendstreet.com, or write to Lend Street Financial, Inc., 1714 Franklin Street, Suite 150, Oakland, CA 94612.