Effective as of June 1, 2020
LENDERSAPI IS PROVIDED BY THE THINKWIRE INC. AND/OR ITS AFFILIATES AND/OR OUR OR THEIR RESPECTIVE SUPPLIERS AND LICENSORS (INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS "WE", "US" OR "OUR").
In order to access LendersAPI, the Information and/or Services, you must create an account and integrate with LendersAPI in accordance with our specifications as set out in the API documentation and other information or instructions that we provide to you (the “API Documentation”). You must designate at least one account administrator (“Administrator”) who will create account credentials and will have access to the LendersAPI Dashboard on your behalf. Upon testing and completion of integration, you will be permitted to create API access keys from the LendersAPI Dashboard in order to query the LendersAPI database.
There will be fees charged for the Services as set out on the LendersAPI Dashboard. You agree to pay the fees and other amounts that are owing to us for Services provided to you in respect of your use of LendersAPI, and you authorize us to charge your payment method on file for any such fees that you incur. You must have a valid payment method on file at all times while you hold an API key and you must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by any other method available to us.
You are wholly responsible for any Information you transmit to LendersAPI. By uploading Information to LendersAPI you represent and warrant to us that the Information does not violate or infringe upon the intellectual property and proprietary rights (including privacy, moral or publicity rights) of others.
By using LendersAPI or any Information, you understand and acknowledge that LendersAPI provides a platform for you to submit and access information about applicants and customers of loans and other related credit products (“Credit Products”), and that we are not providers, vendors or brokers of Credit Products. LendersAPI and Information is provided for informational purposes and only as a convenience to CLA members. LendersAPI and Information is not and should not be used or construed as a substitute for financial or any other kind of professional advice.
You acknowledge that the use of LendersAPI and any Information is at your sole risk and that we do not provide you with or endorse any advice or advocate any particular action or inaction based on the Information. You further acknowledge that you are solely responsible for your own research and decisions, including any financial decisions. You agree that we shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred arising out of, relating to, or in connection with the use of, or reliance on, LendersAPI or Information. You understand and agree that we make no representations or warranties about the accuracy, currency, suitability, reliability or quality of LendersAPI or Information, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Information.
LENDERSAPI IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED, STATUTORY OR LEGAL WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE; THAT ACCESS TO LENDERSAPI WILL BE UNINTERRUPTED OR ERROR-FREE; THAT LENDERSAPI WILL BE SECURE; THAT LENDERSAPI OR THE SERVER THAT MAKES LENDERSAPI AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON LENDERSAPI WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU INTEGRATE WITH LENDERSAPI OR DOWNLOAD OR USE ANY MATERIALS FROM LENDERSAPI, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM LENDERSAPI SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION ON LENDERSAPI IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, AVAILABILITY, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR SUBSIDIARIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE LENDERSAPI OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE. THESE INCLUDE WITHOUT LIMITATION DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE, EXTRA-CONTRACTUAL LIABILITY OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, USES, PRODUCTS OR CONTENT AVAILABLE FROM LENDERSAPI, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We make no representation that LendersAPI, or any Information used in connection therewith, is appropriate or available for use in any particular location. Those who choose to access LendersAPI do so on their own initiative and are responsible for compliance with all applicable laws.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including without limitation any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.