LenderOffender, LLC
Last Updated January 10, 2010
Welcome to the LenderOffender website. By accessing and using the LenderOffender website ("Website"), you are agreeing to the following Terms of Use. Your access to and use of the Website is subject to the terms and conditions stated in this legal notice. If you do not agree to these terms, do not access or use the Website. We encourage you to review the Terms of Use, along with our Privacy Policy as they form a binding agreement between LenderOffender and you. In addition, because LenderOffender may revise these Terms of Use from time to time, in our discretion, we also encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms of Use on the Website. Please note that the changes become effective immediately at the time of posting. Remember that this Terms of Use applies only to the Website and does not apply to the content of third parties.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website. You must be at least 14 years old to use the Website. By accepting these terms through the use of this site, you are certifying that you are at least 14 years of age. All registration information provided by you will be deemed truthful.
Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and mobile phone or other phone service and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
Members are granted permission to visit this Website and use the tools and services provided only if such usage is for personal, non-commercial use, that our copyright and other intellectual property rights are not violated by member, and that member does not violate the terms and conditions of this Agreement.
While operators of public search engines have permission to use spiders to copy materials from this site for the sole purpose of creating publicly and freely available searchable indices of the materials published on this site, capturing of data, text, graphics and other materials published herein may not be captured or copied for the purpose of creating private caches or archives of our published material. Otherwise any usage of robots, spiders and other automated tools that use more than 1/10000th of our bandwidth are forbidden. Personally identifiable information of any nature may not be harvested from our site and no member or third party may use our system for the purpose of sending commercial messages to members of our user base.
If you have any questions regarding the use of the Website please contact us.
1. ACCESSING AND REGISTERING ON OUR WEBSITE
A. There is no cost to register on our Website or use our non-fee based services. If you are browsing through the site and have not yet registered to become a member, your use of the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website. Once you register with us we consider you a "member" of the LenderOffender service.
B. Your Information. When you register on the Website we may ask you to provide us with certain personal information about yourself including, without limitation, your name, email and zip code. We encourage you to review our Privacy Policy for clarification on how we may use your information and other information that you may provide or submit while using the Website. You agree that all your information that you provide to us or post on the Website is complete, accurate and up to date. You will notify us of any changes to your information.
C. During the registration process we will ask you to create a password. Because any activities that occur under your password are your responsibility it is important for you to keep your password secure. Notify us immediately if you believe that someone has used your password without your authorization.
2. MEMBER CONDUCT
A. The Website contains areas that enable members to communicate, share information and interact with other members through posting or sharing of content.
When you use any part of our website you may have the opportunity to disclose or post to publicly accessible portions of the Website, or share with other members, information and other content. Information you post on the Website and that you provide to other members will not be considered within our control.
By accessing our website you agree:
1.Not to impersonate anyone else or misrepresent your affiliation with a person or entity
2.Not to provide any content that encourages a criminal offense or violates the rights of any party
3.Not to participate in any unauthorized or unsolicited promotions, advertising or otherwise use the website for commercial purpose
4.Not to violate any applicable local, state, national and international law
5.Not to interfere with, interrupt, destroy or limit the functionality of the Website
6.Not to use other member's personal data for purposes other than establishing expected contact
7.Not to try to gain unauthorized access to the Website, other member's accounts, or computers connected to the Website
8.Not to post telephone numbers, URLs, email addresses and sexually explicit/obscene/indecent content in content that is publicly accessible on the Website
3. PROPERTY RIGHTS
The Website (and all of the material that it contains) is owned by LenderOffender or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of LenderOffender. In addition, the trademarks, logos and service marks displayed on the website are the property of LenderOffender or its licensors.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED. Nothing contained in the Terms of Use or in the materials on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of LenderOffender or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.
4. AVAILABILITY OF SERVICES
LenderOffender has no responsibility or liability for the deletion or storage of any messages and other communications maintained or transmitted by or through our Website. We reserve the right to change our practices, services, tools and policies at any time, in our sole discretion, with or without notice to you.
5. THIRD-PARTY OFFERS
We may allow other companies to offer you products and services, including offers through our Website or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that LenderOffender shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
6. FINANCIAL INFORMATION
When you provide personal financial information to the retailers or service providers featured through LenderOffender, the information forms part of the sales transaction that will occur on the retailer's or service provider's website and not on LenderOffender. As such, the collection, storage, use, and disclosure of that financial information is controlled by that retailer or service provider. LenderOffender will not be held responsible or liable for the mishandling of your financial and personal information which is controlled by another retailer or service provider.
7. LINKING TO OR FROM OUR WEBSITE
You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other companies and parties, LenderOffender has no control over those websites. LenderOffender is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. LenderOffender is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
8. TERMINATION/CANCELLATION
You may terminate your registration at any time by contacting our Customer Service. The cancellation of your membership or ceasing all use of our Website is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within a reasonable time frame. If we determine, in our sole discretion, that you are not in compliance with the Terms of Use, we reserve the right to terminate your membership and/or usage of our site.
9. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
OUR WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LENDEROFFENDER DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND LENDEROFFENDER MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. LENDEROFFENDER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
10. LIMITATIONS OF LIABILITY
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. LENDEROFFENDER AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF LENDEROFFENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You shall indemnify and hold harmless, and at LenderOffender's request defend, LenderOffender, its subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
12. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, LenderOffender designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
39252 Winchester Road
PO Box #107-107
Murrieta, CA 92563
By Email
customersupport@lenderoffender.com
To be effective, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted 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.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) 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.
(vi) 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.
13. CHOICE OF LAW & VENUE
The Terms of Use, your access and use of the Website and Services and the relationship between you and LenderOffender is governed by the laws of the State of California, without giving effect to its conflict of law provisions. LenderOffender and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of California. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, LenderOffender shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in LenderOffender's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We appreciate your loyalty and hope you enjoy the LenderOffender website. Please contact Customer Service if you should have any questions about the Terms of Use or your use of the Website.
|
