Acceptance of this Agreement
Your use of the LendTrade Site is governed by the current version of this agreement and any other agreement in effect on the date of such use. This Agreement sets forth the terms and conditions that apply to and govern (i) your access and use of the websites, including the websites located at lendtrade.com and other subdomains owned and operated by LendTrade LLC (“LendTrade”), an Iowa Limited Liability company; and (ii) any service provided by LendTrade or through and LendTrade site (collectively “LendTrade Site”).
Access and Site Maintenance
LendTrade reserves the right, in its sole discretion, without any notice requirement, to change, improve or correct the information, materials and descriptions on any LendTrade Site and to suspend and/or deny access to any LendTrade Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
Certain LendTrade services, and certain pages of a LendTrade Site, are available only to Members, and Full Access Members who have been authorized by LendTrade to access those services and web pages. Such authorization requires acceptance of a User Account Agreement. Only Members and Full Access Members of any LendTrade site with valid credentials are authorized to access such services and web pages. LendTrade reserves the right to change the requirement to access any portion of any LendTrade Site in its sole discretion, including changes that may result in you no longer having access to certain portions of a LendTrade Site.
No interference with Use and Enjoyment
You agree you will not interfere with any other party’s use and enjoyment of any LendTrade Site.
No Unlawful or Fraudulent Use
As a condition of your use of any LendTrade Site, you represent, warrant, and agree you will not use any LendTrade Site for any purpose that is unlawful, fraudulent, in contravention of any other agreement or prohibited by this Agreement, or that could give rise to any civil or criminal liability.
You agree not to use the LendTrade site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the LendTrade Sites, including their ability to engage in real time activities through any LendTrade Site.
You agree to not use any robot, spider, or other automatic device, process, or means to access the LendTrade Site for any purpose, including monitoring or copying any of the material on the LendTrade Site. You agree not to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
You agree not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the LendTrade Site, the server on which the LendTrade Site is stored, or any server, computer, or database connected to the LendTrade Site.
Conform to Federal, State and Local Banking Laws and Regulations
You agree you will not engage in any activities related to any LendTrade Site that are contrary to applicable federal, state, and local laws or regulations, including, but not limited to, any banking or lending law or regulations, any consumer finance protection law, borrower personal privacy law, or applicable securities laws.
Information Generated or Provided by you
You are solely responsible for all content submitted to any LendTrade Site.
Proprietary Information and Trademark
Trademarks, logos and service marks displayed on any LendTrade Site are registered and unregistered trademarks of LendTrade. All of these trademarks, logos and service marks are the property of their respective owners or authorized licensees. Nothing on any LendTrade Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on any LendTrade Site without LendTrade’s prior written permission. LendTrade reserves all rights not expressly granted in any LendTrade Site and its content.
All other proprietary information or processes used on any LendTrade Site are the exclusive property of LendTrade. Nothing on any LendTrade Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any propriety information or process without LendTrade’s prior written permission.
THE CONTENT OF ANY LENDTRADE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPLICITLY SET FORTH HEREIN, LENDTRADE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, (I) AS TO THE OPERATION OF ANY LENDTRADE SITE OR LENDTRADE SERVICE; OR (II) AS TO THE CONTENT PROVIDED ON ANY LENDTRADE SITE OR RECEIVED THROUGH ANY LENDTRADE SERVICE, WHETHER SUCH CONTENT IS PROVIDED BY LENDTRADE LLC OR BY A MEMBER OF ANY LENDTRADE SITE OR LENDTRADE SERVICE. FURTHER, YOU EXPRESSLY AGREE THAT YOUR USE OF ANY LENDTRADE SITE OR LENDTRADE SERVICE IS AT YOUR SOLE RISK.
LendTrade’s Limitation on Liability
EACH OF LENDTRADE LLC, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AFFILIATIES, SUBSIDIARIES, EMPLOYEES OR AGENTS (EACH, A “LENDTRADE PARTY”) SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO ANY LENDTRADE SITE, YOUR USE OF ANY LENDTRADE SERVICE, OR THIS AGREEMENT, EVEN IF A LENDTRADE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE AGGREGATE TOTAL LIABILITY FOR ALL LENDTRADE PARTIES TAKEN AS A WHOLE TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO LENDTRADE LLC FOR USE OF THE LENDTRADE WEBSITES WITHIN THE PRECEDING TWELVE (12) CONSECUTIVE CALENDAR MONTHS, IF ANY. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST ANY LENDTRADE PARTY ARISING OUT OF OR RELATED TO YOUR USE OF ANY LENDTRADE SITE OR LENDTRADE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification of LendTrade by You
You agree to defend, indemnify and hold harmless LendTrade, and its members, directors, officers, shareholders, affiliates, subsidiaries, employees and agents (each, a “LendTrade Indemnified Party”), against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, or disbursements (including reasonable attorneys’ fees) of any kind or nature whatsoever that may be imposed upon, incurred by, or asserted against any LendTrade Indemnified Party in any way relating to or arising out of this Agreement, your use of the LendTrade Platform and/or Services, or any eventual transaction involving you and another Member. This indemnification provision covers, but is not limited to, claims for breach of contract, negligence, or any other civil or criminal action arising as a result of a transaction between you and another LendTrade Platform Member, or resulting from your use of the LendTrade Platform.
Any dispute concerning this Agreement shall be submitted to binding arbitration in Polk County, Iowa within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the rules of the American Arbitration Association and held in Polk County, Iowa. To the fullest extent permitted by law, no arbitration brought under this Agreement shall be joined to any other action or any other arbitration, and no class claims may be brought as part of any arbitration conducted pursuant to this Agreement. You waive any and all objections to the exercise of jurisdiction over you by United States or Iowa state courts with jurisdiction over Polk County, Iowa to enforce any arbitration award or judgment, and to venue in such courts.
Links from the LendTrade Site
If the LendTrade Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. LendTrade has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the LendTrade Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.