Updated on June 26, 2017
Acceptance of Terms Through Use
Conditions on Use
You agree to comply with all policies, procedures, and rules established by us, and all applicable federal, state, and local laws and regulations.
You agree that you are responsible for obtaining access to the Website. This includes, without limitation, any third party fees involved in obtaining access and for all equipment necessary to access the Website.
You may not post on or transmit through the Website any data, text, music, sound, photographs, graphics, video, messages, or other material (“User Content”) that:
is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
constitutes a breach of any person’s privacy or publicity rights;
violates any statute, regulation or ordinance;
promotes software or services that deliver unsolicited mail; or
promotes, encourages, or facilitates terrorism or other activities that risk national security.
You agree that you are solely responsible for any User Content you post on or transmit through the Website. You are also solely responsible for any damages resulting from that post or transmission.
You may not upload, post, email, or otherwise transmit any User Content on or through the Website that:
contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware, or similar computer programming routines;
is knowingly untrue, inaccurate, or misleading;
damages or interferes with the operations of the Website or with other users of this Website.
You further agree that you will not:
Impersonate any person or entity;
Falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website;
Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website;
Harvest, collect or store information about the users of this Website or the User Content posted by others on this Website;
Use User Content for any purpose inconsistent with the purpose of this Website;
Use any automated procedure to gather information or data from the Website by means of what is commonly called a “bot” or otherwise;
Interfere with or disrupt the Website or servers or networks connected to the Website;
Breach or attempt to breach the security of software, networks, servers, data, computers, or other hardware relating to the Website (or that of any third party that is hosting or interfacing with any part of the Website);
Create any frames at any other Websites pertaining to or using any of the information provided through the Website, or promote bonus items, giveaways, random drawings, contests or prizes on the Website; or
Duplicate, copy, or otherwise exploit the Website or its contents for commercial purposes.
Unless otherwise agreed in writing, we grant you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of this Website. Further, we grant you a limited, nonexclusive and revocable right to create a hyperlink to this Website. However, your link may not portray us, our affiliates, suppliers, or their respective goods or services in a false, misleading, derogatory, or otherwise offensive manner.
You grant us a royalty free, worldwide, nonexclusive, perpetual, and irrevocable license to exercise the copyright, publicity, and database rights with respect to the information you provide us. This license includes, without limitation, the content of any messages you post on our Website. We will use this information to display the content you provide us on our Website without violating any rights you might have in the information. We reserve the right to sublicense these rights through multiple tiers.
We may use, post, display, modify, reproduce, or make other similar uses of the User Content in order to display, distribute, and promote its services.
Claims of Copyright Infringement and other Disputes
We may respond to claims of copyright infringement in accordance with pertinent international laws. We may, in our sole discretion, terminate the accounts of users who are repeat offenders of these laws.
You may contact us to report any infringement of copyright laws by using information provided in the Notice and Contacting Us Section below. You may notify us of any User Content or other material on this Website that is allegedly infringing, defamatory, damaging, illegal, or offensive. We may then investigate the allegation and determine in its sole discretion whether to remove or request the removal of this content from the Website.
We may disclose any of this content or electronic communication of any kind:
As permitted or required by law or by an order or requirement of a court, administrative agency, or other government entity, or by court rules concerning the production of records;
If disclosure is necessary or appropriate to operate this Website;
If we have reasonable grounds to believe that use or disclosure is necessary to protect our rights, privacy, property, or safety, or of our its officers, directors, employees, agents, users, or others;
If we have reasonable grounds to believe that the information relates to the breach of an agreement or violation of the law that has been, is being, or is about to be committed;
It is necessary to enforce or apply our legal agreements, to pursue remedies, or to limit our damages; or
Other reasons allow it or other laws require it.
Unsolicited Idea Submission Policy
We do not accept unsolicited ideas. Neither we nor any of our employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved services or technologies, service enhancements, processes, techniques, methods, systems, designs, plans, charts, concepts, other materials, marketing plans or new service names. Please do not send any original creative artwork, suggestions, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials to us.
Links to other Websites
Your linking to any other linked, off-site, or other website is at your own risk.
We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any other linked website. We are not responsible for examining or evaluating any businesses or individuals or the content of their websites. We do not warrant the offerings of any businesses or individuals or the content of any businesses or individuals. We do not assume any responsibility or liability for the actions, products, and content of any other third parties. You should carefully review the legal agreements or other conditions of use of any website that you access through a link from this Website.
Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THE WEBSITE. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. THIS LIMITATION INCLUDES LOSS, COST, OR EXPENSE CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. LOSSES INCLUDE BUT ARE NOT LIMITED TO LOSS OF PROFIT, GOODWILL, BUSINESS REPUTATION, OR DATA. COSTS INCLUDE BUT ARE NOT LIMITED TO THE COST OF PROCURING SUBSTITUTE SERVICES. EXPENSES INCLUDE BUT ARE NOT LIMITED TO LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENT.
IN ADDITION TO THE ABOVE, WE ARE NOT LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGE INCURRED BY YOU, INCLUDING THOSE THAT RESULT FROM THE FOLLOWING. FIRST, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR RELIANCE UPON THE ACCURACY, COMPLETENESS, OR EXISTENCE OF ANY ADVERTISING ON THE WEBSITE OR ANY TRANSACTION YOU HAVE HAD WITH A WEBSITE ADVERTISER OR SPONSOR. SECOND, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO ANY CHANGES WE MAY HAVE MADE TO THE WEBSITE. THIRD, WE ARE NOT LIABLE FOR ANY INTERRUPTION OF SERVICE IN THE WEBSITE OR FEATURES THEREOF. FOURTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO THE DELETION OR CORRUPTION OF DATA MAINTAINED IN OR TRANSMITTED BY THE WEBSITE. FIFTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO GIVE US ACCURATE INFORMATION ABOUT YOU. SIXTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO GIVE US ACCURATE INFORMATION ABOUT ANY ACCOUNT YOU MAY CREATE WITH OUR WEBSITE. SEVENTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO KEEP YOUR INFORMATION CONFIDENTIAL AND SECURE.
THESE LIMITATIONS OF LIABILITY PROVISIONS APPLY IRRESPECTIVE OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT THOSE LOSSES COULD ARISE. THESE LIMITATIONS APPLY EVEN IF THERE HAS BEEN A FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY.
WE OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS. NEVERTHELESS, WE AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING, OR OPERATING THIS WEBSITE, ASSUME NO RESPONSIBILITY OR LIABILITY THAT MAY ARISE FROM ANY CONTENT. THIS LIMITATION INCLUDES CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION.
THE WEBSITE, INCLUDING ALL CONTENT AND INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING THE FOLLOWING. FIRST, WE DISCLAIM ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE, OF THIS WEBSITE. SECOND, WE DISCLAIM ANY WARRANTY THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE OR THAT WE WILL CORRECT ANY DEFECTS THAT ARE FOUND. THIRD, WE DISCLAIM THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE’S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE, AND NONINFRINGEMENT.
ANY MATERIAL THAT YOU DOWNLOAD IN CONNECTION WITH THIS WEBSITE TO YOU IS DONE ENTIRELY AT YOUR OWN RISK. ANY DAMAGES, INCLUDING THOSE TO YOUR COMPUTER SYSTEM OR RELATED TO DATA LOSS, ARE YOUR RESPONSIBILITY.
WE MAKE NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE OF THE UNITED STATES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS OF THE LOCATION FROM WHICH YOU ACCESS THE WEBSITE.
We may terminate your use of the Website on any grounds, without notice, and without liability to you or any third party. If your use of the Website is terminated, you will still remain liable for any obligations you have incurred in connection with using the Website. We have the right to bar you from accessing the Website without liability to you or any third party.
Notice and Contacting Us
You shall provide notice to us at:
LendKey Technologies, Inc.
104 W 27th Street
New York, NY 10001
You may contact us by phone at (888) 559-9050, by email at firstname.lastname@example.org, or by using the address above.
Jurisdiction, Venue, Choice of Law, and Time Limits
We, Us, and our mean LendKey Technologies, Inc., its affiliates, subsidiaries and agents, and their respective employees, suppliers, contractors, directors, officers, shareholders, third-party content providers, sponsors, and licensors.
User Content means any data, text, music, sound, photographs, graphics, video, messages, or other material that you post or transmit through the Website.
Website means www.business.lendkey.com. Website includes any information or content included on the Website.
You, your, or User means each individual that uses the Website.