Laikunchik Financial Terms of Service - June 2017
IMPORTANT: THIS NOTICE GOVERNS USE OF THIS WEB SITE AND ANY WIDGETS, PROTOTYPES, DOCUMENTS, OR INFORMATION ACCESSED THROUGH OUR WEBSITE ("SITE") MIRALEND.COM. BY USING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Copyright in the content of this site, including the screens displaying the pages and their arrangement, is owned by Laikunchik Financial unless otherwise indicated. All rights reserved. Users of our Site pages (the "Work") shall only be entitled to copy the Work for their own personal use but may not republish nor reproduce any substantial part of the Work in any manner whatsoever, including electronically reproducing this Work by "uploading", "downloading" or accessing the Work on to the Internet or any other local or international computer system, without the prior written permission of MiraLend, and any such unauthorized use constitutes copyright infringement.
“Borrower” or "Lender" means a User that utilizes the Services to create a loan agreement and/or payment processing for a loan agreement.
“Miralend.com” is a DBA for Laikunchik Financial, a Delaware corporation, that provides specialized loan documentation, payment tracking services, credit services, and electronic payment processing and / or monitoring services to individuals and businesses involved in private loan transactions.
Where “MiraLend”, “miralend.com” “Laikunchik” or Laikunchik Financial” is used, it refers to “miralend.com" and may be used interchangeably in this agreement.
“Services” means any and all services and / or products offered to Users through MiraLend’s software and / or Site, including electronic payment management and software for the creation and management of loan documentation and payment tracking.
“Software” means the computer programs or routines made available to Users by MiraLend at www.MiraLend.com, through mobile device applications, through downloadable software, or through any other related domains or subdomains under the control of MiraLend.
“Terms” means these Terms of Service, as may be modified or amended by MiraLend pursuant to these Terms.
“User” or “you” means any person or entity that uses our Site, registers as a user on MiraLend’s website, or obtains a Community Engagement Score.
“User Data” means any data uploaded, entered, and / or linked to by a User and hosted, stored, or transmitted by or to MiraLend.
User of Services, Intellectual Property
An acknowledgement of the source must be included whenever MiraLend material is copied or published. If you require further information on a permitted use or license to reproduce or republish any material, address your inquiry to email@example.com. Any infringement of MiraLend rights will result in appropriate legal action. MiraLend disclaims any and all liability for any consequences which may result from any unauthorized reproduction or use of this Work whatsoever. Use of any software downloaded from this site is governed by the terms of any license agreement provided with that software.
Not all products and services that other country residents may be interested in are available in that country.
MiraLend's products and Services are available in accordance with local law and only if they may be lawfully offered for sale in any particular jurisdiction. All MiraLend products and services are subject to the terms of applicable agreements.
MiraLend.com provides specialized loan documentation and related services to individuals involved in private loan transactions. MiraLend.com is not a law firm or accounting firm and does not provide legal or tax advice. A private loan is a significant legal transaction and every person's situation is unique. If you require legal or tax / accounting advice, we strongly advise you to consult with your own attorney and / or accountant before engaging in any transactions with Users on MiraLend’s Site.
Any individual contemplating a private loan transaction should carefully review the risks and benefits of such a transaction before entering into it. MiraLend.com does not give legal advice in any form or practice law in any way, and MiraLend.com makes no assurances or warranties, express, implied, or statutory that the Loan Documents or the terms of the Loan are legally enforceable in a specific jurisdiction by any competent court or administrative body.
Any controversy or claim arising out of or relating to these Terms or the use of MiraLend’s Site, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. The arbitration hearing shall take place in Austin, Texas USA, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
All Terms and Conditions stated herein are subject to the laws of the State of Texas, without regard to conflict or choice of law principals. If any provision of these Terms of Service is found to be invalid or unenforceable in any way, then that provision may be stricken, reformed, and reinserted to these Terms to comply with all applicatable laws, and such provision shall be treated as though it were originally drafted into these Terms. MiraLend reserves the right to update these Terms at any time, and although we shall utilize our best efforts to inform all Users of updates to these Terms, we encourage users to periodically check these terms for changes or updates. Any headings used in this document are for organizational purposes only. Any gender-specific or other colloquial language used herein is intended to apply to all people equally. MiraLend does not tolerate discrimination in any form.
Use of Loan Documents
Borrower and Lender hereby agree that the Loan Documents and any other services provided by MiraLend.com are intended solely for the specific transaction between Borrower and Lender and are for the sole and exclusive use of Borrower and Lender. Any subsequent modifications by the Borrower or Lender to the Loan Documents are done at the sole risk of the party making the changes. MiraLend.com will not be responsible for the legal validity of such changes or the affect such changes may have on the validity or enforceability of any Lon Documents which have been altered by the Borrower or Lender.
The Loan Documents provided by MiraLend.com may not be copied, modified, published, broadcast, or otherwise distributed. Any commercial reproduction or redistribution of the Loan Documents not in accordance with this Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any other use of the Loan Documents other than those contemplated by this Agreement constitutes a violation of this Agreement.
Compliance with state and federal laws
Borrower and Lender are solely responsible for assuring that requirements under any state or federal laws that may apply to the Loan have been met, including the preparation and delivery of any disclosures, notices, or other documents required by state or federal law.
Validity of Terms of Loan
Borrower and Lender are solely responsible for establishing the terms of the Loan and for determining if the Loan terms are in compliance with any applicable local, state or federal laws, including but not limited to laws relating to usury and income tax liability. MiraLend.com makes no representation regarding the legal validity or enforceability of the terms of the Loan between Borrower and Lender and assumes no responsibility under this Agreement for enforcing or interpreting the terms of the Loan. Provision of Loan Documents formalizing the Loan between the Borrower and Lender do not imply MiraLend.com's endorsement of, liability for or participation in the creation of the terms of the Loan, or any contract, agreement or other arrangement, whether lawful or illicit, reached by Borrower and Lender.
Any dispute between or among Borrower and Lender and their respective successors in interest regarding sums due and paid, or for the compliance with other terms under the Loan Documents and any underlying agreement and similar matters is not the responsibility of MiraLend.com. Borrower, Lender and their respective successors in interest jointly and severally shall indemnify and hold MiraLend.com harmless from any liability, claim, demand, loss or expense by any party against MiraLend.com as a result of or arising out of its performance of the services described in Section I above.
The fees for the Services and Software for your relevant transaction are set forth on MiraLend’s website. You hereby authorize MiraLend to charge the fees associated with your transaction to either your credit card or your linked payment account (e.g. Paypal or Bitcoin). Any transaction based fees may be collected at the time such transaction is processed, while any monthly fees will be charged on a monthly basis.
Third Party Payment Processing
MiraLend is not a payment processor and does not handle your personal financial information or process financial transactions. Rather, MiraLend uses application programming interfaces (“APIs”) provided by third party payment processors to facilitate the delivery of the Services. MiraLend is not responsible for any failures or malfunctions of any third party payment system.
Users acknowledge that MiraLend uses third party data centers and hosting services to store the User Data. All facilities used to store and process User Data will adhere to reasonable security standards no less protective than the security standards at facilities where MiraLend stores and processes its own information of a similar type. All such facilities are required to implement at least industry standard systems and procedures to ensure the security and confidentiality of User Data, protect against anticipated threats or hazards to the security or integrity of User Data, and protect against unauthorized access to or use of User Data.
Disclaimer of Warranty. BORROWER AND LENDER HEREBY AGREE THAT MiraLend.com PROVIDES THE LOAN DOCUMENTS "AS IS" AND, AS PERMITTED BY GOVERNING LAW, WITHOUT ANY WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY AS TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. IN NO EVENT SHALL MiraLend.com BE LIABLE FOR (I) DAMAGES CAUSED OTHER THAN BY INTENTIONAL MISCONDUCT OR (II) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, OR LOSS OF PRIVACY), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE MiraLend.com WEBSITE OR ANY OF THE ASSOCIATED SERVICES, EVEN IF MiraLend.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Malfunction of Computer Equipment and Software
MiraLend.com shall not be responsible for any failure in the Services due to malfunction or loss of equipment, software or Internet service providers used by Borrower, Lender or MiraLend; or from the malfunction or failure of equipment, software or services used by MiraLend.com which are beyond the reasonable control of MiraLend.com.
Unauthorized Access or Interception of Data.
MiraLend.com will have no liability in connection with any unauthorized interception, alteration or use of data relating to the Services including, but not limited to, e-mail correspondence; any inability to use or access the Services or the MiraLend.com website for any reason; any actions or transactions by an individual or party using Borrower's, Lender's and/or Representative's name and password without authorization; or any cause over which MiraLend.com does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or the parties' respective Internet service providers.
MiraLend is happy when you’re happy. We want to ensure that you are successful and satisfied using our products. If for any reason you are not happy with your purchase simply contact us within 60 days of your purchase and we’ll gladly refund the full purchase price, no questions asked.
MiraLend shall provide online support for the Software through its website, by email to info@MiraLend.com, or as otherwise provided on the website that may be applicable to your Payment Plan. The Software, like all software products, is a continual work in process. MiraLend will determine whether and when to correct reproducible errors by considering the number of Users affected and the effect of the error on the Software’s overall performance, all in its sole and absolute discretion. MiraLend has no obligation to provide support under these Terms if support is required due to: (a) improper use or failure of other software or systems not covered under these Terms, (b) failure of customer’s computer hardware and/or related systems, (c) any upgrade/update for existing User Data files or other third party software services required in relation to the installation of a Software update provided under these Terms, (d) the migration of existing User Data files to the Software, or any services required in relation to the installation of or update to any other software or systems which are not part of the Software, or (e) accident, neglect, or “Acts of God”.
You agree to notify MiraLend in writing of any claimed error or defect in the Software or of its failure to perform substantially in accordance with the specifications set forth in these Terms. MiraLend will determine whether and when to correct reproducible errors by considering the number of users affected and the effect of the error on the Software’s overall performance, in MiraLend’s sole and absolute discretion. MiraLend shall have a commercially reasonable amount of time to cure any such failure, in no cases less than five (5) business days.
Access to and Use of Site
MiraLend adheres to the highest security measures on its MiraLend.com websites. Sensitive communication between you and these sites is always protected via encryption while in transit. However, MiraLend advises you that, unlike communication with our website, we have no control over the privacy of your e-mail communications with us. We recommend that you not include private and sensitive information in e-mails to the us, including, but not limited to, account numbers, passwords, etc. MiraLend and its subsidiaries and affiliates will not be responsible for any damages you may suffer if you transmit confidential or sensitive information to us through e-mail.
Facts and data provided by MiraLend, its subsidiaries and affiliates and other sources are believed to be reliable when posted. MiraLend cannot guarantee that they are accurate or complete or that they will be current at all times. Information on this Site is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. MiraLend, its subsidiaries and affiliates, are not responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of this Site.
Hyperlinks to other Internet resources or web sites are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by MiraLend and its affiliates. Sites accessed by hypertext appearing in this MiraLend site have been independently developed by parties other than MiraLend and MiraLend does not guarantee the accuracy of information contained in such sites. The listing of an organization in this site should not be construed as an endorsement of its services or products, and MiraLend will not be responsible for any losses suffered in visiting those sites.
Licensed and Authorized Use “MiraLend”, “Laikunchik Financial", “Community Engagement Score” and “Lending for the rest of us” and each of their logos are trademarks of Laikunchik Financial, a Delaware Corporation. All rights reserved. All other trademarks appearing on MiraLend are the property of their respective owners.
The display of trademarks herein does not imply that a license of any kind has been granted.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected or submitted on the MiraLend.com website. On some pages, you can order products, make requests, and register to receive materials. The types of required personal information collected at these pages are:
Loan Information (e.g., Loan Amount, Interest Rate, etc.)
On some pages, you can submit information about other people. For example, you may need to submit information about a Lender(s) and/or Borrower(s). In this circumstance, the types of personal information collected are:
Date of Birth (Optional information for Borrowers)
On some pages, you can submit information about yourself from third party websites. For example, you may submit information about your profession, or personal connections. In this circumstance, the types of personal information collected are:
The location of your connections
Job and professional information
The Way We Use Information
We use the information you provide about yourself and any other parties only to create a credit score profile that may be used on the MiraLend Site, or by any third parties, if and only if, you consent to our sharing this information with third parties. We do not share this information with outside parties without your consent.
We use the information you provide about someone else only to establish your credit profile and does not impact anyone else, nor is any personal information about any third parties shared, even if you elect to share your credit score profile with outside third parties.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose, aside from marketing, promotional, and educational information sent by MiraLend, and are not shared with outside parties.
We use non-identifying and aggregate information to better design our website and to improve our product.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect online and securely maintain by signing into your account at http://www.MiraLend.com. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by editing your profile page by clicking the account link once you are signed into your MiraLend account.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please feel free to contact us.