Terms of Use

Welcome to LendingAlpha.com (the “Site”), a website owned and operated by Lending Alpha Corporation (“Lending Alpha”) (the “Company,” “we” or “us”). This Terms of Use Agreement (the “Agreement”) is a legal contract that governs your access and use of the Site and the features and services included on the Site (the “Services”).

If you do not accept all of the terms and conditions of this Agreement, do not access or use the Site or the Services. BY USING OR ACCESSING THE SITE OR THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. General

You are required to comply with all applicable laws in connection with your access to and use of the Site and the Services, and such further limitations as may be set forth in any subsequent notice from the Company. As a condition of your access and use of the Site and the Services, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement.

2. Changes to this Agreement and Site/Services

We may change the terms of this Agreement or modify any features of this Site or the Services at any time, so we encourage you to review the Agreement periodically before using the Site or the Services. The most current version of the Agreement can be viewed by clicking on the “Terms of Use” link. We will assist you in identifying changes to the Agreement by listing the date on which the Agreement was most recently updated at the end of the document.

By continuing to access and use the Site and the Services after we post changes to the Agreement, you agree to be bound by those changes. If you do not agree to the changes, you must stop accessing and using the Site and the Services.

You acknowledge and agree that we have the right, but not the obligation, to monitor the Site, and to remove content, including content you submit, and information from the Site and Services for any reason and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site. Moreover, you further acknowledge and agree that we have the right, but not the obligation, to review all content and information before it is posted to the Site, and to refuse to allow content and information to be posted for any reason. Any and all decisions as to whether or not to display, retain, disseminate, or remove content, including content posted by users, and information shall be made by the Company in its sole discretion.

3. Privacy Policy

This Agreement also incorporates by reference the terms of the Company’s Privacy Policy. The Privacy Policy is available here. Company’s practices and policies with respect to the collection and use of personally identifiable information are governed by the Privacy Policy. By using the Site or the Services, you indicate that you understand and consent to the practices described in the Privacy Policy.

4. Access to the Services; Registration Information

You may be asked to provide information about yourself in connection with accessing the Site or using the Services. When you do so, you agree to provide accurate, current and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. The Company has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services in its sole discretion.

You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Services, and you are responsible for all activities that occur under your password or account. As such, the Company may rely on the authority of anyone accessing your account or using your password.

You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Without limiting any rights that we otherwise may have, we may take any and all action we deem necessary or reasonable to ensure the security of the Site and your account, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

If you are under the age of 18, you may not access or use the Site or the Services unless you do so under the supervision of a parent, legal guardian or other responsible adult. Children under 13 are not authorized to use the Site.

5. Intellectual Property

The Site, including without limitation, the information, content, and other materials available on the Site or within the Services (“Company Materials”), the selection, coordination, and arrangement of Company Materials, and any code or software for the Site, is owned either by the Company or its licensors and third party providers and is protected by copyright and other intellectual property laws including without limitation the sui generis rights relating to the protection of databases. Except for User Content that you provide to us (which is addressed in Section 7) or as otherwise explicitly authorized under this Agreement, you may not modify, edit, adapt, copy, reproduce, republish, display, perform, post, transmit, distribute, or otherwise exploit in any way the Site or the Services or any Company Materials, in whole or in part. For materials that we explicitly label as being available for download on the Site, you may download such materials for your own limited, personal, non-commercial use only, provided (i) the materials are not modified, edited, or taken out of context in any way, (ii) you keep intact all copyright and other proprietary notices, and (iii) you include the phrase “Used with permission of Lending Alpha” when you display or otherwise use such materials.

The Company is the sole owner of all right, title and interest in and to its registered and unregistered trademarks, service marks and logos displayed on the Site (the “Trademarks”). Nothing in this Agreement or on the Site grants you, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Please note that the names of the products, companies, governments, and organizations mentioned on the Site may be trademarks of their respective owners.

Any use of the Site or the Services or Company Materials other than as expressly set forth herein is prohibited and will terminate the license granted herein. Such unauthorized use also may constitute an infringement of our rights, including copyright rights.

6. No Advice or Solicitation

The information presented on the Site is not an offer to sell, or a solicitation of an offer to buy, any securities of offerings reported hereon and does not constitute investment advice. Any information and data (“Information”) contained herein should not be used as a basis for making any investment decision. Anyone relying on such information should seek the assistance of a professional for investment advice and review the specific websites where the offerings are posted to retrieve complete information relating to each investment opportunity. The Information provided on this Site, which may be linked to, is furnished by independent third parties who are not controlled by, or the responsibility of, Lending Alpha or any of its affiliates. Neither Lending Alpha nor any of its affiliates endorse, recommend or take responsibility for the accuracy or completeness of such Information. Errors or omissions contained in such Information shall not be made the basis for any claim, demand or cause of action against Lending Alpha or any of its affiliates.

7. User Content

You understand that you are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that you submit, post or display on or through the Site or the Services (“User Content”). You also are solely responsible at your sole cost and expense for creating backup copies of any User Content.

We claim no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright rights to any User Content and you or a third party licensor are responsible for protecting those rights.

We are not responsible for screening or monitoring User Content; however, we reserve the right to review, refuse to accept, post, display or transmit, and/or remove any User Content that we believe, in our sole discretion, violates this Agreement, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the Site or the Services.

Subject to the Privacy Policy, by submitting, posting or displaying User Content on or through the Site, you grant the Company a worldwide, perpetual, non-exclusive, royalty-free license to reproduce, adapt, distribute, sublicense and publish such User Content.

You understand that by posting User Content in any public area of any Site, any other user of the Site or the Services may be able to access, display, view, store and reproduce such User Content.

8. Copyright Infringement

Just as the Company requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others.

If you believe in good faith that your copyrighted work has been reproduced or is accessible on the Site or through our Services without authorization in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide the Company’s designated Copyright Agent with the following information in writing:

  1. Identification of the copyrighted work or other intellectual property claimed to have been infringed;
  2. Identification of the allegedly infringing material, reference, or link that is to be removed and information reasonably sufficient to permit the Company to locate the material, reference, or link;
  3. Your name, address and daytime telephone number, and an e-mail address if available, so that the Company may contact you if necessary;
  4. 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;
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please note that due to security concerns, e-mail attachments will not be accepted. Any notice of infringement submitted electronically with an attachment will not be received or processed.

You may notify our designated copyright agent either by mail to Copyright Agent, 1521 Concord Pike, Suite 303, Wilmington, DE 19803 or by email to Copyright Agent at [email protected].This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Site.

9. Specific Prohibited Uses

In addition to complying with the other terms of this Agreement, you specifically agree to not use the Site or the Services to:

  1. Access data not intended for you or to log into a server or account which you are not authorized to access;
  2. Interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, Trojan horse, worm, time bomb, or cancelbot to the Site, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
  3. Send unsolicited e-mails or other unsolicited communications regarding promotions and/or advertising of products or services to a user of the Site;
  4. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
  5. Upload, post, email, distribute, transmit, link, solicit or otherwise make available User Content that:
  6. Infringes someone else’s copyright, trademark, trade secret or other intellectual property rights or violates the privacy, publicity or other personal rights of others;
  7. Advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party; and/or
  8. In our sole judgment is objectionable, limits any other person from using or enjoying the Site or the Services, or which may expose the Company or its users to any harm or liability;
  9. Impersonate any person, or falsify your identity, location or access through any proxy server;
  10. Use any domain name of the Company as a pseudonymous return email address;
  11. Use, frame, or utilize framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
  12. Modify, translate, decompile, disassemble, use reverse engineering or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site or otherwise tamper with security components, usage rules or other protective measures applicable to the Services, the Company Materials, or User Content. For purposes of this Agreement, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site’s underlying technology.

We note that violating the security of our Site is prohibited and may result in criminal and civil liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY INFORMATION IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF COMPANY. YOU FURTHER AGREE NOT TO USE THE SERVICES OR SITE OR INFORMATION MADE AVAILABLE THROUGH THE SITE FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY COMPANY TO PROTECT THE RESPECTIVE RIGHTS OF COMPANY IN THE SERVICES, SITE AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES AND SITE.

10. Third Party Websites and Content

We may, as a convenience to users, provide links to third party content and other websites on or through the Site. We do not review or monitor any websites linked to the Site and are not responsible for the content of any such linked websites. Inclusion of such links is not meant to imply that we endorse, sponsor, or accept any responsibility for such third party site or any content, products or services available on a third party site. Your visiting of such websites is at your own risk, and we recommend that you review the Privacy Policy and Terms of Use of any website to which you link. You understand and agree that such third parties are solely liable for all content on the third party site. You expressly agree that Company and its affiliates shall not be held liable for any trading activities or other activities that occur on any website you access through links on the Site. We provide these links as a convenience, and do not endorse the content or services offered by these other sites.

We do not represent or guarantee that any of the information available through the Services or Site is accurate, reliable, current, complete or appropriate for your needs. Some content available through the Services or Site may be provided by independent third parties who are not controlled by us. Other content available through the Services or Site is obtained by us from businesses such as news providers, market data providers and other content providers, who are believed to be sources of reliable information. Notwithstanding the foregoing, the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and Site are not and cannot be guaranteed by us.

These Site Terms of Use are subject to all requirements of our third party providers, including such additional financial and contractual requirements as may be imposed by such third party providers from time to time.

11. Dealings with Advertisers

Your dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that we are not responsible nor shall we be liable for loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser on the Site.

12. Payments

Some portions of the Services require payment of a subscription or other fees, including to access portions of the Services. You acknowledge that only an adult (18 years or older) can enter into and complete any such transaction.

Unless otherwise stated or required by law, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions and for terminated or suspended accounts. All fees and charges will be billed to and paid by you. You must pay all fees and charges incurred through your account at the rates in effect at the time they are incurred. You are responsible for paying all applicable taxes. We do not provide price protection or refunds in the event of a price drop or promotional offering.

We may use a third party payment vendor to process payments made through the Site. If you provide information to the payment vendor in connection with your payment, as to your relationship with the vendor, this transaction will be governed by the vendor’s user agreement and privacy policy in addition to those of the Company.

If you subscribe, you agree to allow Lending Alpha to automatically renew your subscription for consecutive periods, and that the subscription fee will be billed at the beginning of each renewal period to the method of payment that you provide. Your subscription will continue until cancelled. You may cancel your subscription at any time by sending an email to [email protected].

13. Choice of Law and Agreement to Arbitrate Disputes

Any claim that you might have against the Company must be resolved through binding arbitration before the American Arbitration Association (“AAA”) using its Commercial Arbitration Rules and must be brought within one year of the claim arising. You understand and agree that you will arbitrate with the Company in your individual capacity, not as a representative or member of a class. Your claim may not be joined with any the claim of any other person, and there shall not be authority for any dispute to be arbitrated on a class-action basis.

You understand and agree that unless you can demonstrate to the Company that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in New Castle County, Delaware. If your claim is successful in arbitration, the Company agrees to reimburse your reasonable attorneys’ fees and costs.

14. Termination

We may terminate this Agreement and/or suspend or terminate your access to the Site or the Services for any reason at any time by providing notice to you. If you wish to discontinue your access to the Site and the Services and terminate this Agreement, you may make such a request by email [email protected].

Upon termination of your account, you will lose access to the Services. You understand and acknowledge that if your account is terminated, your account information, including saved alerts, your watch list, and similar information (“Account Information”), will be removed from any public area of the Site. Account Information may continue to be available for some period of time because of delays in propagating such deletion through the Company’s web servers. In addition, third parties may retain cached copies of your Account Information that you have shared with them. Any section of this Agreement that by its nature should survive termination shall so survive, including Sections 5, 12, 13, 15, 16, 17, and 18.

15. No Representations or Warranties

We are not responsible for, and do not make any warranties with respect to your use of the Site or the Services. We do not guarantee the accuracy, timeliness, reliability or completeness of any information or other material displayed, uploaded, or distributed in or through this Site or made available through the Services.

THE SITE, THE SERVICES AND THE COMPANY MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE SITE, THE SERVICES, OR THE COMPANY MATERIALS. THE COMPANY AND ITS AFFILIATES DO NOT WARRANT THE TITLE, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, THE SERVICES, OR THE COMPANY MATERIALS, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE COMPANY MATERIALS ARE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Decisions regarding investments involve risk and are best made based on the advice of qualified financial professionals. Any investments involve a risk of substantial losses. Before undertaking any investments, you should consult a qualified financial professional. Please consider carefully whether such investments are suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any investment activity that you or anyone else engages in based on any information or material you receive through the Site or Services.

16. Indemnification

You are responsible for, and agree to indemnify and hold harmless the Company, its affiliated entities, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in connection with, your use of the Site and the Services or any violation or alleged violation of this Agreement (including the Privacy Policy). We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

17. Limitation of Liability

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND THE SERVICES IS EXCLUSIVELY AT YOUR OWN RISK AND THAT IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) IN ANY WAY RELATED TO THE SITE OR THE SERVICES OR THIS AGREEMENT, INCLUDING TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE OR $100.

18. Forward Looking Statements

The Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, federal securities laws, and common law, and these statements are subject to the safe-harbor created by such Act and laws. Forward-looking statements include all statements that are not historical statements and include our statements discussing our goals, beliefs, strategies, objectives, plans, expectations for our company, our business and our future financial results. These forward-looking statements are subject to known and unknown risks, uncertainties, assumptions and other factors that may cause actual results to be materially different from those contemplated by the forward-looking statements. We undertake no obligation to update any forward-looking statements.

19. Consent to Electronic Communications

You agree that any use of the Site or Services and any communications with Company with respect to the Site or Service may be conducted electronically. You agree that all agreements, notices, disclosures and other communications that Company or its affiliates provide electronically satisfy any legal requirement that such communications be in writing. Company or its affiliates will communicate with you by e-mail or by posting notices that may be viewed through the Site or Service. We may discontinue electronic disclosure of communications at any time in our sole discretion.

20. Miscellaneous

No Waiver: Our failure to enforce any provision(s) of this Agreement or respond to a breach by any party does not waive our right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches.

Severability: If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Entire Agreement: Unless otherwise specified herein, the Agreement and the Privacy Policy constitute the entire agreement between you and the Company and governs your use of the Site. This Agreement shall be subject to any other agreements you have entered into with Company and its affiliates.

Assignment: We may assign its rights and duties under this Agreement, including, without limitation, its license to your User Content, to a third party who acquires all or a substantial portion of our business without notice to you.

No Agency: You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your access to and use of the Site and the Services.

Legal: This Agreement and all other aspects of your use of the Site and Services shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the Delaware, without regard to its conflict of laws rules.

21. Questions

Please contact [email protected] if you have any questions or comments about this Agreement.

Last Updated January 1, 2015

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