PRIVATE LENDER LINK TERMS OF SERVICE
Last Modified: January 18, 2022
- Your Acceptance
Welcome to the Private Lender Link Terms of Service. This is an agreement (“Agreement”) between Private Lender Link, Inc. (“Private Lender Link”) the owner and operator of the website https://www.privatelenderlink.com and the Private Lender Link software, mobile application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform. If you are subscriber (“Subscriber”) to the Platform, you will be subject to additional terms within this Agreement.
PLEASE BE AWARE THAT THERE ARE CLASS ACTION, ARBITRATION, AND PAGA PROVISIONS CONTAINED IN THIS AGREEMENT.
Throughout this Agreement, the words “Private Lender Link,” “us,” “we,” and “our,” refer to our company, Private Lender Link, as is appropriate in the context of the use of the words.
- Platform and Registration
- Platform Ownership
In accordance with this Agreement, we may provide you access to the Platform after registration and payment as applicable. The Platform is sold as a subscription and licensed and your subscription does not entitle you to any ownership of the Platform, you merely receive a non-exclusive, limited, non-assignable, and fully revocable right to access the Platform at our discretion. You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Private Lender Link and/or Private Lender Link’s licensors and that Private Lender Link and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Private Lender Link. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Private Lender Link to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Private Lender Link. All rights not expressly granted in this Agreement are reserved for us. You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Content (defined below) encountered on the Platform, whether posted by you or any other person.
- User Content
A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, data, application information, written content, images, statements, or any other information will be referred to as “User Content” throughout this Agreement., Private Lender Link is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Private Lender Link, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Please be aware that User Content may be shared with other users of the Platform or third parties as applicable. Private Lender Link has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Private Lender Link shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
- Additional Guidelines for User Content
Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following:
- You agree that User Content submitted is truthful, up-to-date, and accurate;
- You agree not to submit any User Content that contains any confidential information;
- You agree not to submit any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
- You agree not to submit any User Content that is considered spam or politically controversial; and
- You agree not to submit any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.
- User Content Accessibility
User understands that when submitting any User Content to the Platform, such User Content may be shareable or viewable by third parties. Therefore, User agrees that it shall not share any User Content that is highly sensitive or confidential. Any User Content may be insecure and may be publicly accessible. User releases Private Lender Link from any liability related to the exposure or mis-use of any User Content submitted through the Platform.
- Monitoring User Content
Private Lender Link shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Private Lender Link shall have the right, but not the obligation, to remove or disable access to any User Content at its sole discretion.
- Information Generated
Private Lender Link is not responsible for any information generated or User Content submitted via the Platform. User understands and agrees that all information generated by the Platform is dependent on the information contained in any User Content submitted by you and you are solely responsible for that information. THE USER AGREES TO HOLD PRIVATE LENDER LINK FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR RESULTS GENERATED. PRIVATE LENDER LINK WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM. Private Lender Link does not warrant any results, guarantee, endorse, or recommend any information generated and your use of such information generated is at its own risk.
- Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
- You may not interfere with or disrupt the Platform;
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
- You agree that you will not hold Private Lender Link responsible for your use of our Platform
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Private Lender Link reserves the right to suspend or terminate any account at any time at our discretion.
- User Account Holds
From time to time, Private Lender Link may place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Platform while such Hold is in place.
- Platform Availability
Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
- Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.
- Idea Submission
Private Lender Link or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Private Lender Link. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Private Lender Link’s products might seem similar to ideas submitted to Private Lender Link. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Private Lender Link, without any compensation to the submitter; (2) Private Lender Link may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Private Lender Link to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
- Users and Lenders
Through the Platform, User may be able to connect with other users that may assist in the lending process (“Lender(s)”). Please be aware that you are solely responsible for any interactions with any other users of the Platform including any Lenders. Private Lender Link does not endorse, may not verify, and does not warrant any Lenders encountered on the Platform and has no affiliation with such Lenders. THE USER AGREES TO HOLD PRIVATE LENDER LINK FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR ACCESS TO OR INTERACTIONS WITH ANY LENDER INCLUDING ANY LENDER USER CONTENT. PRIVATE LENDER LINK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OR LENDER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY LENDER OR ANY LENDER USER CONTENT ENCOUNTERED BY USER. User and Lender are the solely responsible for resolving any disputes between the parties. Although Private Lender Link may display Lender User Content based on information provided by a Lender; Private Lender Link does not introduce, endorse, verify, or recommend any Lender User Content. Any opinions, advice, or information expressed by any Lender are those of the individual and the individual alone and they do not reflect the opinions of Private Lender Link. Please use caution and common sense when sharing any User Content with a Lender. Private Lender Link does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Lender Content or any actions by a Lender. Any agreements entered into between User and Lender are solely between the parties and Private Lender Link is not a party such agreements. User shall indemnify and hold harmless Private Lender Link from any claims related to any Lenders in accordance with this Agreement.
- Third Party Content
Private Lender Link does not endorse or warrant any third party content including but not limited to any materials, results, information, or other data provided by a third party such as a Lender (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered on the Platform. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Private Lender Link assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.
THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PRIVATE LENDER LINK, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM WHETHER BY A LENDER OR OTHERWISE; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. PRIVATE LENDER LINK DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. PRIVATE LENDER LINK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. PRIVATE LENDER LINK DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PRIVATE LENDER LINK SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
- Limitation of Liability
IN NO EVENT SHALL PRIVATE LENDER LINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PRIVATE LENDER LINK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY PRIVATE LENDER LINK’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED CANDIAN DOLLARS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Private Lender Link, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Private Lender Link Platform;
- your interactions with any third party through or outside of the Platform;
- your violation of any term of this Agreement; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Private Lender Link Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Private Lender Link, firstname.lastname@example.org or Private Lender Link, Inc., 1963 O’Toole Way, San Jose, CA 95131.
In the event that you receive a notification from Private Lender Link stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: Private Lender Link, email@example.com or Private Lender Link, Inc., 1963 O’Toole Way, San Jose, CA 95131.
- Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.
You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Private Lender Link agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their arbitration rules (the “Rules”) then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules in English; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be San Jose, CA. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within San Jose, CA.
You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at Private Lender Link, Inc., 1963 O’Toole Way, San Jose, CA 95131 please title the communication “Arbitration Opt Out”. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within San Jose, CA.
- Class Action and PAGA Waiver
You and Private Lender Link agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Private Lender Link are deemed to conflict with each other’s operation, Private Lender Link shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Relationship, User and Lender, Access, Payment, Indemnification, Class Action, and Arbitration sections.
- Entire Agreement and Notices
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
- Electronic Communications
The communications between you and Private Lender Link use electronic means, whether you visit the Platform or send Private Lender Link e-mails, or whether Private Lender Link posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Private Lender Link in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Private Lender Link provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Platform Issues
If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform or by email at firstname.lastname@example.org
- Additional Terms for Subscribers
In order to access additional Platform functionality, Subscribers may be required to sign up for a subscription to use the Platform. Access to the Platform is sold through a subscription and no ownership rights are granted to any Subscribers. Subscribers are subject to all User terms and the additional terms as stated in Sections 31-40. Subscribers may have access to additional features offered by our Platform; however, any such features are subject to modification and availability as stated within this Agreement. We reserve the right to discontinue our subscription services at any time or to reject any current or prospective Subscribers at our discretion.
- Subscriber Eligibility
Subscriber may be required to provide additional information to Private Lender Link in order to verify its eligibility to subscribe to the Platform. Further, Subscriber represents and warrants the following: (1) it shall at all times comply with all United States federal and state laws when using the Platform including but not limited to any finance lender laws (“Laws”); (2) it has all necessary licenses, approvals, or authorizations as required under such Laws and shall maintain all such licenses, approvals, or authorizations at all times; (3) it shall treat any User Content received from other Users in a confidential manner and shall secure such User Content in a manner that Subscriber secures its own confidential information; and (4) Subscriber is a duly formed entity and the person entering into this Agreement on behalf of Subscriber has the proper authorization to do so. Subscriber shall indemnify and hold harmless Private Lender Link for all claims arising from any interactions with any other Users (in accordance with the indemnity provisions set forth within this Agreement).
- Independent Contractors
This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Subscriber and Private Lender Link. The relationship of the parties is as independent contractors. Subscriber has no authority (and shall not hold himself or herself out as having authority) to bind Private Lender Link and Subscriber shall not make any agreements or representations on Private Lender Link’s behalf without Private Lender Link’s prior written consent
- User Payments
Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions. Where Subscriber has properly paid for a subscription we shall grant Subscriber access to any additional functionality made available by us. In addition, Subscriber agrees to timely pay any and all fees as charged. Subscriber may upgrade or downgrade its subscription at any time; however, where a Subscriber has exceeded any usage limits Subscriber may be required to pay before accessing any additional services on the Platform. Private Lender Link uses a third party payment processor and where applicable, Subscriber must agree to our third party payment processors’ terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All prices are listed in the currency as stated at the time of purchase. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where Subscriber has failed to pay or where payments are overdue, Private Lender Link may suspend or terminate Subscriber’s access to the paid portions of the Platform, without liability to us.
- Automatic Payment and Renewal
Where a Subscriber has purchased a subscription, Subscriber’s payment information shall be logged for Subscriber’s convenience. IF SUBSCRIBER’S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, PRIVATE LENDER LINK MAY CHARGE SUBSCRIBER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS SUBSCRIBER NOTIFIES US THAT SUBSCRIBER WANTS TO CANCEL SUBSCRIBER’S AUTOMATIC PAYMENT VIA SUBSCRIBER’S ACCOUNT DASHBOARD. ADDITIONALLY, SUBSCRIBER AUTHORIZES US TO BILL SUBSCRIBER ON A RECURRING BASIS AND AGREES THAT SUBSCRIBER’S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS SUBSCRIBER’S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. SUBSCRIBER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY SUBSCRIBER TO CHARGE SUBSCRIBER’S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
- Refunds for Subscription
We want Subscribers to be satisfied with their subscription; if you are at all unsatisfied with your subscription please contact us and we may offer a refund of your subscription purchase at our discretion.
Where Private Lender Link does not charge Subscriber taxes for any payments, Subscriber agrees to pay any and all applicable taxes. Subscriber agrees that Private Lender Link cannot and will not provide Subscriber with any tax advice, any such questions should be directed to Subscriber’s tax attorney or other tax professional.
- Pricing and Price Increases
The pricing for all paid subscriptions is listed on the Private Lender Link Platform or within Subscriber’s account. Additionally, Private Lender Link may increase the price of any paid subscriptions or Private Lender Link fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Private Lender Link shall notify Subscriber and Subscriber will have the chance to accept or reject any price increase. Please notify us if Subscriber intends to reject a price increase. Where Subscriber has rejected a price increase this Agreement may be terminated immediately at our discretion. Subscriber agrees that Private Lender Link has no obligation to offer any services for the price originally offered to Subscriber at sign up.
- Free Trials
Private Lender Link may offer the Platform on a free trial or limited usage basis. Private Lender Link reserves the right to discontinue or modify any free trials or limited usage basis at any time and without liability. Where Subscriber has signed up for a free trial, Subscriber agrees at the expiration of Subscriber’s free trial Subscriber may be automatically charged for any additional usage of the Platform in accordance with Private Lender Link’s then current pricing.
We may terminate Subscriber’s subscription or this Agreement, if: (1) Subscriber has violated any applicable laws while using our Platform; (2) if Subscriber has violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of Subscriber’s current or future actions may legally harm Private Lender Link, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide Subscriber with a timely explanation; however, we are not required to do so. Please be aware that upon termination of Subscriber’s account, access to all or portions of our Platform may be become immediately disabled and any Subscriber User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of any Subscriber User Content.
- California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Private Lender Link must be sent to our agent for notice to: Private Lender Link, Inc., 1963 O’Toole Way, San Jose, CA 95131
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.