These Terms of Service ("Terms" or "Agreement") are an agreement between Pigeon Loans, Inc. ("Pigeon Loans", “Pigeon”, "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Pigeon Loans websites located at https://www.usepigeon.io and https://www.app.usepigeon.io, any other websites that Pigeon has now or acquires in the future, as well as any of Pigeon’s content, mobile and/or web-based applications, products and/or services (the foregoing shall hereinafter be collectively referred to as the "Services").
AGREEMENT TO TERMS: BY ACCESSING AND/OR USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, AS WELL AS ALL OTHER APPLICABLE RULES OR POLICIES, TERMS AND CONDITIONS THAT ARE AND/OR MAY BE ESTABLISHED BY PIGEON FROM TIME TO TIME, AND THE FOREGOING SHALL BE INCORPORATED HEREIN BY REFERENCE. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS AND/OR USE THE SERVICES.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PIGEON WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PARTIES ARE WAIVING THEIR RIGHT TO A TRIAL BY JURY IN THE EVENT OF ARBITRATION.
PRIVACY: YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREE TO PIGEON’S PRIVACY NOTICE AT https://www.usepigeon.io/topic/privacy-policy, AS IT MAY BE CHANGED FROM TIME TO TIME BY PIGEON IN ITS SOLE AND ABSOLUTE DISCRETION, AND WHICH SUCH THEN-CURRENT VERSION SHALL BE INCORPORATED HEREIN BY REFERENCE (“PRIVACY NOTICE”).
1.1 The Services
Pigeon Loans operates a consumer technology platform that provides individuals with resources to create and manage loans between friends, family, and other relations. At Pigeon Loans, we make creating and managing loans with others, smart, simple, easy, and rewarding.
YOU ACKNOWLEDGE AND AGREE THAT PIGEON LOANS DOES NOT AND WILL NOT HAVE THE ABILITY TO LEND YOU MONEY DIRECTLY. PIGEON LOANS ONLY OPERATES A PLATFORM THAT FACILITATES LOANS BETWEEN FRIENDS AND FAMILY, AND IS NOT A LENDER OR A SERVICER OF LOANS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED BY PIGEON LOANS:
· DO NOT CONSTITUTE LEGAL ADVICE.
· DO NOT CONSTITUTE TAX ADVICE.
· DO NOT CONSTITUTE FINANCIAL ADVICE.
YOU ARE ADVISED AND ENCOURAGED TO CONSULT WITH AN INDEPENDENT ATTORNEY, A TAX ADVISOR AND/OR A FINANCIAL PROFESSIONAL PRIOR TO CREATING OR ACCEPTING A LOAN FROM A FRIEND OR FAMILY MEMBER, AND AT ANY OTHER TIME OTHER TIME YOU DEEM IT NECESSARY OR DESIRABLE WHILE USING THE SERVICES.
1.2 Account Registration and Cancellation
1.2.1 Account Registration
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You will comply with all applicable laws, rules and/or regulations when accessing and/or using the Services. You are responsible for making arrangements necessary to use the Services, such as securing a device and/or internet access. You are responsible for ensuring that all persons who access the Services through your device and/or internet connection are aware of these Terms and comply with these Terms. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you or any other users of your account, including any damages of any kind incurred as a result of such acts or omissions.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address, Internet Protocol address, and other identifying information to prevent further registration.
1.2.2 Account Cancellation
If you decide to delete or cancel your account, you may do so as long as you do not have any active loans. In order to close your account, you must ensure that all your active loans are either repaid in full, closed, canceled or forgiven with the permission of your loan counterpart. You understand that upon deletion of your account, you will no longer have access to the records of your loans, or transactions. Upon closure of your account, we may (but are under no obligation to) delete your information and account data stored on our servers. You agree to not hold Pigeon Loans liable to you, your loan counterpart, or any other third party for compensation, reimbursement, or damages due to the termination or suspension of your account, or for deletion of your information or account data.
You must be at least eighteen (18) years of age or older to access and/or use the Services. By accessing and/or using the Services, you represent and warrant that you are at least eighteen (18) years of age. No one under the age of eighteen (18) may use the Services, provide any information on the Services or to us. The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of thirteen (13). Pigeon does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at email@example.com.
Businesses, corporations or other such entities, are not authorized to use the Services, unless explicitly authorized in writing by Pigeon Loans. If you, as an authorized representative of a business, corporation, or other such entity, are interested in using our Services or partnering with us, please contact us at firstname.lastname@example.org.
There is currently no charge to use the Services. However, we do charge a 2.5% fee on any payments made across international borders. In addition, we will add a small 3% fee to any debit or credit card transaction made on our website that goes directly to paying our payment processor. We reserve the right to change our pricing at any time.
You acknowledge and agree that Pigeon Loans utilizes third-party service providers to host and provide the Services and store Your Content (as defined in Section 10.2 below), and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of data. You are responsible for properly using the Services and taking appropriate steps to maintain security, protection and backup of all of Your Content. Pigeon Loans is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of, Your Content and data or other information that you submit and/or use in connection with the Services (including as a result of your errors, acts or omissions). If we identify any fraudulent activity relating to your account or your personal information, we will notify you within a reasonable time at your email address on file. In addition, you are responsible for contacting us if you suspect fraudulent activity on our Services. You can email us at email@example.com.
4. Rewards Program
When users create a Pigeon Loans account, they automatically agree to the Pigeon Loans Rewards Program (“Pigeon Points”) terms and conditions described in this Section. Pigeon Loans reserves the right to modify the Pigeon Points program, including but not limited to, the manner in which points are earned or redeemed.
4.1 Earning Points
You earn points when you create your account on Pigeon Loans and when payments and / or loans are made through the Services. Points earned on payments made through Pigeon Loans, are only awarded to the individual who is initiating the payment. For example, if the borrower is making a monthly payment, only the borrower will earn and accumulate the points associated with that payment. Points cannot be accumulated on payments made before a user sets up an account on Pigeon Loans. You can access and monitor your total points on your account on the Services. The terms for earning points are set forth at https://www.usepigeon.io/help-center/faq/what-are-pigeon-points.
Points and their values: (a) are determined by Pigeon Loans in its sole discretion; (b) are subject to change without notice; and (c) may vary among activities and promotions. The dollar amount for the purpose of calculating points earned is on the actual dollars paid. Points will be credited to a user’s account within approximately 1 hour from the time of payment. Other exclusions and limitations may apply.
4.2 Points Non-Transferability
Unless prohibited by law, unused points automatically are forfeited upon termination of the user’s account. Points are non-transferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers and rewards certificates do not constitute property of the user.
4.3 Points Redemption, Reward Redemption, and Other Benefits
Points may be redeemable once a specified number of points have been accrued through the Services. Points will be redeemable only through Amazon.com Gift Cards, which are subject to Amazon’s Conditions of Use and Privacy Notice. Once points are successfully redeemed, Pigeon Loans will deduct the equivalent number of points from your account.
5.1 Communication from Pigeon Loans
When accessing and/or using the Services, you are communicating with us electronically, and consent to receive communications from us and our third-party service providers electronically. We will communicate with you by posting notices on the Services or by email if you provide your email address to us. You may continue to receive electronic communications from Pigeon Loans (which may include without limitation promotional and advertising material and information) unless or until you elect to opt-out of receiving such communications and notify Pigeon at firstname.lastname@example.org that you no longer desire to receive communications from us. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5.2 Communication Between Users
Pigeon Loans simplifies communication between users by sending updates, notifications, reminders, announcements, and any other such communication to users and loan counterparts. However, Pigeon Loans does not replace communication between you and your loan counterpart. You are responsible for communicating with your loan counterpart externally from the Services if something regarding your loan needs to be discussed or agreed upon.
6. Accuracy of Information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Services except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on Service has been modified or updated.
The Services are intended to be used for informational and facilitation purposes only. Pigeon Loans does not review any data or other information provided on or through the Services for specific values, security, or any other purposes. Pigeon Loans does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Pigeon Loans disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of their contents. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. It is recommended that you do your own analysis and consult with an independent attorney, a tax advisor and/or a financial professional prior to creating or accepting a loan from a friend or family member, and at any other time you deem it necessary or desirable while using the Services. Pigeon Loans will not be liable, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of any information provided on or through the Services or any reliance you may place upon such information. Any arrangements between you and any third party contacted via the Services are at your sole risk.
7. Loans and Agreement Templates
7.1 Agreement Templates and Enforceability
Pigeon Loans provides loan agreement templates as a convenience to users who wish to document the relationship between themselves and their loan counterpart. Pigeon Loans does not guarantee that the loan agreements copied or generated through the Services will be enforceable in your jurisdiction. It is recommended that you and consult with an independent attorney regarding any loan agreement you enter into with your loan counterpart. To the fullest extent permitted by applicable law, in no event will Pigeon Loans, its affiliates, directors, officers, employees, agents, suppliers, third-party service providers or licensors be held liable for the enforceability of any loan agreement signed by you and your loan counterpart.
7.2 Loan Repayments
Pigeon Loans only operates a platform that facilitates loans, and does not warrant, guarantee, or represent the repayment, either in part, or whole, of loans made using our Services. Loans made on Pigeon Loans are unsecured, and bear the risk of non-repayment. By using the Services, you agree to not hold Pigeon Loans, its affiliates, directors, officers, employees, agents, suppliers, third-party service providers or licensors liable for any loss or damage due to unpaid, underpaid, or unrepaid loans, either in part or whole, and you acknowledge that you are entering into a loan arrangement with another individual at your own risk.
8. Use of the Services
8.1 Right to Use
These Terms permit you to use the Services for your personal and internal purposes. The Services contain material which is owned by or licensed to Pigeon or which Pigeon otherwise has permission to use. By using the Services and accepting these Terms: (i) Pigeon grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the Services and information provided therein in accordance with the terms and conditions set forth herein and any additional terms, conditions and policies set forth by Pigeon; (ii) in the event you are accessing the Services through our mobile application, Pigeon grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to install and use a copy of our mobile application that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (iii) you agree not to reproduce, modify, distribute, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, license, sell and/or re-sell any content, software, products and/or information obtained from and/or accessed through the Services without the express written permission of Pigeon. Notwithstanding the foregoing subsection (ii), your computer or other device may temporarily store copies of information required for you to access and view the information and you may store files that are automatically cached by your device for display enhancement purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.2 Right to Deny Access and At Your Risk
Pigeon retains the right, in its sole and absolute discretion, to deny access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances within Pigeon’s control (i.e., routine maintenance) and outside of Pigeon’s control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time as determined by Pigeon in its sole and absolute discretion and without notice and/or liability, and you acknowledge and agree that you are aware of this and any risks related thereto.
8.3 Prohibited Use and Conditions
Any access to and/or use of the Services and/or information provided by Pigeon other than as specifically authorized herein, without Pigeon’s prior written consent, is strictly prohibited. Without limiting the foregoing, you are responsible for your actions while accessing and/or using the Services, and you shall not use the Services in any manner that violates applicable law, contract, intellectual property or other third-party rights. You shall not:
- restrict or interfere with another user’s ability to use or enjoy the Services;
- overburden Pigeon’s infrastructure in any manner and/or otherwise damage and/or impair the functionality of the Services;
- gather email addresses through harvesting or automated means;
- post or transmit unauthorized or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users;
- attempt to access any portion of the Services that is not public and/or override any security measures that are in place;
- introduce any virus, ‘Trojan Horse’, worm or other similarly harmful programming routines or automated systems, including, ‘robots’ or ‘botnets’, that flood the system with information at an unreasonable rate;
- impersonate any other person or entity, use a disguised identity and/or use any misleading and/or false information or statements for any purpose, including but not limited to, gaining access to another user’s account;
- provide content that is harmful, offensive, inaccurate, abusive, indecent, harassing, defamatory, obscene or otherwise inappropriate; language including without limitation, bigotry, racism, discrimination, hatred or profanity;
- engage in any harassment, stalking, intimidation, blackmail, coercion or embarrass other users;
- sell, resell, copy, reproduce, redistribute or display publicly the Services or content on the Services other than expressly permitted by Pigeon;
- modify content in the Services in any way, such as the removal of any proprietary rights notices or markings;
- use the Services to screen for business hiring or rental property purposes; and/or
- engage in any activity or behavior that would violation laws, including without limitation the Fair Credit Reporting Act and the Equal Credit Opportunity Act.
Furthermore, Pigeon grants you the rights set forth herein, subject to the following conditions:
- you hereby represent and warrant to Pigeon that (i) all information provided to Pigeon by you is true, complete and accurate in all respects, and (ii) you are authorized to submit such information to Pigeon;
- you shall not decompile, modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services;
- you may not access all or any part of the Services in order to build a product or service which competes with the Services;
- you shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media;
- you shall not access any content on the Services via automated means including without limitation crawling, scraping and/or caching;
- you agree not to intentionally hold Pigeon and/or its employees and/or directors up to public scorn, ridicule or defamation;
- you will prevent unauthorized access to and/or use of the Services and notify Pigeon promptly of any such unauthorized access and/or use;
- you will not attempt to do any of the following: access data not intended for you, monitor the Services for data gathering purposes and/or interfere with the Services in relation to any user in any manner;
- you will not attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and/or
- you shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services.
9. Third-Party Products and Services
9.1 Third-Party Liability
You acknowledge and agree that certain features and/or functions of the Services require the use of third-party products and/or services, such as Stripe, Inc. (“Stripe”), and HelloSign (collectively, “Third-Party Service Providers”). You may be required to establish an account with such Third-Party Service Providers, and will be subject to all of the terms and conditions imposed by such Third-Party Service Providers (in addition to the terms and conditions of this Agreement). Please see Section 9.2 below for additional information about Stripe and its requirements. Pigeon is not a party to any arrangements made between you and any Third-Party Service Provider. Pigeon does not exert any control over any Third-Party Service Providers, and as such is not liable or responsible for any actions taken or omitted to be taken by any such Third-Party Service Provider. Pigeon is not a party to or responsible for any access, use or transactions you may engage in with a Third-Party Service Provider, and you acknowledge and agree that Pigeon is not liable for any claims and/or damages related thereto. Pigeon reserves the right to terminate its relationship with any Third-Party Service Provider at any time in its sole and absolute discretion. Pigeon disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information provided by any Third-Party Service Provider. You agree to release Pigeon from any liability related to your use of any products and/or services provided by a Third-Party Service Provider and/or any costs or charges related to such products and/or services. Pigeon is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any products and/or services provided by a Third-Party Service Provider.
Payment processing services for Users of the Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Pigeon Loans enabling payment processing services through Stripe, you agree to provide Pigeon Loans accurate and complete information about you, and you authorize Pigeon Loans to share it and transaction information related to your use of the payment processing services provided by Stripe.
9.3 Data Sharing
Our use of Third-Party Service Providers for certain features may require the sharing of personal information, as discussed in our Privacy Notice located at https://www.usepigeon.io/topic/privacy-policy. By creating an account with Pigeon Loans, you authorize us to share your personal information with such Third-Party Service Providers. You also understand that Pigeon Loans has access to the information you provide directly to the Third-Party Service Providers, as it relates to Pigeon Loans Services.
9.4 Third Party Content
Pigeon may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the Services (“Third-Party Content”). The third party from whom or which any such Third-Party Content originates is solely responsible for it and Pigeon assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third-Party Content. Accordingly, Pigeon does not control or endorse such Third-Party Content and has no liability of any kind to you or any third party for any Third-Party Content. Statements of opinion and commentary in Third-Party Content are those of the third party and, not necessarily those of Pigeon.
9.5 Links to Other Websites
Pigeon may, from time to time, include hyperlinks (“Link(s)”) to websites or applications operated and maintained by third parties. Such Links are provided for reference and convenience only. Pigeon does not control and is not responsible for the contents, availability, or policies of any website or application accessed via a Link. Pigeon has made no attempt to verify any information contained in any such Links. Furthermore, Pigeon is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from Pigeon. If you click on Links, you do so at your own risk and you acknowledge and agree that Pigeon is not liable for any claims and/or damaged related thereto. We encourage you to be aware when leaving the Services and to read the terms and conditions and privacy notice of each Link that is visited. Pigeon reserves the right to terminate any Link at any time in its sole and absolute discretion. Pigeon disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Links.
10. Intellectual Property
The Services and their entire contents, features and functionality are owned by Pigeon, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Services, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and/or proprietary technology currently used or which may be developed and/or used in the future in any form is prohibited. As between the parties, Pigeon and/or its licensors are the sole owner of: (i) the Services and information provided by Pigeon; (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Services; and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents, improvements, enhancements, derivatives, and any other intellectual property rights related to (i) and (ii) or included therein. Subject to the limited rights expressly granted hereunder, Pigeon and/or its third-party licensors reserve all right, title and interest in and to the Services and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. In addition, “Pigeon Loans, Inc.” and “Pigeon” or Pigeon logos, icons and other marks identifying Pigeon and/or the Services are trademarks of Pigeon and may not be used without prior written permission. All rights not expressly granted in these Terms are reserved to Pigeon.
10.2 Your Content
During the course of your access to and/or use of the Services, you may enter, post and/or upload content and information (collectively, “Your Content”). You are responsible for providing Your Content and/or information and responsible for the accuracy, quality, integrity and legality of such data. You hereby grant Pigeon Loans and its third-party service providers a worldwide, non-exclusive right and license to reproduce, distribute and display the Your Content as necessary to provide the Services. You represent and warrant that you own all of Your Content or that you have permission from the rightful owner to use each of the elements of Your Content, and that you have all rights necessary for Pigeon Loans to use the Your Content in connection with the Services. You retain title, all ownership rights, and all intellectual property, in and to the Your Content and reserve all rights not expressly granted to Pigeon Loans. Your Content excludes any content available in the public domain; and any content owned or licensed by Pigeon Loans, whether in connection with providing the Services or otherwise. Pigeon Loans may use, subject to the terms of its Privacy Notice, information collected in your use of the Services. You hereby grant to Pigeon Loans a non-transferable, non-exclusive, worldwide, perpetual, license to use Your Content for its commercial purposes so long as the Your Content is anonymized whereby personally identifiable information is removed.
If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to Pigeon Loans, such Feedback is non-confidential and will become the sole property of Pigeon Loans. Pigeon Loans will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge that Pigeon Loans will give no credit or compensation to you and you have no rights to the same. Pigeon Loans has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
You agree to indemnify, defend and hold harmless Pigeon and its affiliates, partners, Third-Party Service Providers, officers, directors, employees, and agents (collectively, “Representatives”), from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorneys’ fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of the Services; (ii) Your Content (including without limitation claims related to intellectual property infringement); (iii) any use of the Services in breach of these Terms and/or the Privacy Notice; (iv) your violation of any law and/or the rights of a third party; and/or (v) fraud you commit and/or your intentional misconduct and/or negligence.
12. Warranties; Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND INFORMATION GIVEN OR MADE AVAILABLE BY PIGEON TO YOU ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. PIGEON AND ITS REPRESENTATIVES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. PIGEON AND ITS REPRESENTATIVES DO NOT REPRESENT AND/OR WARRANT THAT ACCESS TO THE SERVICES AND/OR INFORMATION WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE, AND/OR LOSS AND/OR SECURITY BREACH OF TRANSMITTED INFORMATION, AND/OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO AND/OR USE OF THE SERVICES AND/OR INFORMATION. PIGEON ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT. YOU UNDERSTAND THAT PIGEON CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT INFORMATION AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM PIGEON OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PROVIDED BY LAW, PIGEON WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR OTHER DEVICE, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR INFORMATION OBTAINED THROUGH THE SERVICES OR RELATED TO YOUR DOWNLOADING OF ANY INFORMATION POSTED IN THE SERVICES, OR ON ANY WEBSITE OR APPLICATION LINKED TO THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability
YOUR ACCESS TO AND/OR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PIGEON OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF AND/OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE SERVICES, YOUR INABILITY TO ACCESS THE SERVICES AND/OR INFORMATION AND/OR LINKS IN THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL AND/OR EQUITABLE THEORY, EVEN IF PIGEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU IN SUCH LIMITED CIRCUMSTANCE. IN SUCH JURISDICTIONS, PIGEON’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO RELEASE PIGEON AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR INFORMATION PROVIDED BY PIGEON.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
14. Dispute Resolution
We want to address your concerns without filing a formal legal case. Before filing a claim against Pigeon, you agree to try to resolve the dispute informally by sending a letter to us describing your claim to: Pigeon Loans, Inc., Attn: Legal Department, 1000 Brickell Avenue, Suite 715, #5044, Miami, FL 33131. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after submission (or within a time period as otherwise agreed to by both parties), you and/or Pigeon agree to resolve any claims related to these Terms through final and binding arbitration. Any and all controversies, disputes, demand, counts, claims, or causes of action (collectively “Actions”) between you and Pigeon or Pigeon Representatives shall exclusively be settled through binding and confidential arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ or for any claims that you or Pigeon may take claims to small claims court if the dispute qualifies for hearing by such a court. In all cases, any Actions must be commenced within one (1) year after the cause of action arises.
You can opt-out and decline this agreement to arbitrate by contacting Pigeon within thirty (30) days from the date that you first became subject to this arbitration provision. You must write us at Pigeon Loans, Inc., Attn: Opt-Out Arbitration, 1000 Brickell Avenue, Suite 715, #5044, Miami, FL 33131. If you opt out, neither you nor Pigeon can require the other to participate in an arbitration proceeding.
14.3 Arbitration Procedures
Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Wilmington, DE or any other location we agree to. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You and Pigeon must abide by these rules: (i) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (ii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (iii) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. With the exception of subpart (i) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (i) above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.
14.4 Exceptions to Agreement to Arbitrate
Either you and/or Pigeon may assert claims, if they qualify, in small claims court in Wilmington, DE. Pigeon may bring a lawsuit for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Pigeon’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, PIGEON AND YOU ARE EACH WAIVING ITS RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Pigeon reserves the right, in its sole and absolute discretion, to block you or terminate your access to the Services or any portion thereof at any time, without notice, without liability and for any reason including without limitation if Pigeon suspects, in its sole and absolute discretion, that you (by information, investigation, conviction, settlement or otherwise) have violated any of the terms and conditions set forth herein, the Privacy Notice, any other policies provided by Pigeon, or if you engage (or we suspect you have engaged) in an improper or fraudulent manner in connection with your access to and/or use of the Services. In the event you share the access granted hereunder with any person or entity, and/or misuse the Services by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Pigeon will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately, without liability. In such event, Pigeon retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
If we terminate your account or block you from the Services, you may not access and/or use the Services and you shall not subscribe under a new account unless formally invited by Pigeon. If you commit fraud and/or falsify information in connection with your use of the Services, you shall be liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your Internet service provider or mobile service provider of any fraudulent activity we associate with you and/or your access to and/or use of the Services.
If you violate these Terms we may block you from the Services and you are prohibited from using the Services. Upon termination, the provisions of these Terms are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.
15.2 Governing Law
These Terms shall be governed by, construed and enforced in accordance with the substantive laws of the State of Delaware, without regard to its conflict of laws principles. Subject to Section 14 above, the parties further agree that any cause of action arising under these Terms shall take place exclusively in the courts situated in Wilmington, DE and the parties hereby submit to the venue of the courts situated therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15.3 Changes and Amendments
Pigeon Loans may update these Terms in its sole discretion, at any time, in whole or in part. If Pigeon Loans makes changes and/or modifications that impact your use of and/or access to the Services, we will post notice of the change and/or modification and change the ‘Updated’ date set forth above. You agree that your continued use of the Services following changes and/or modifications will constitute acceptance of such changes and/or modifications. We may also provide you with additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the Services after the effective date of the changes and/or modifications. Please revisit these Terms regularly to ensure that you stay informed of any changes and/or modifications.
Pigeon Loans also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant portion of the Services. Your continued use of the Services constitutes your agreement to such additional rules.
You may not assign, resell, sub-license or otherwise transfer or delegate these terms, or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Any such attempted assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, at any time.
15.5 Copyright Compliance
We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. Should you believe anything in the Services infringes on any copyright that you own or the copyright of others, you may notify the copyright agent (“Copyright Agent”) at Pigeon Loans, Inc., Attn: Copyright Agent, 1000 Brickell Avenue, Suite 715, #5044, Miami, FL 33131, or at email@example.com. We will respond to clear notices of copyright infringement when you provide the following information: (i) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located in the Services; (iv) information reasonably sufficient to permit contact (i.e., an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid ‘DMCA’ notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring in the Services. All other inquiries directed to the Copyright Agent will not be responded to.
15.6 Geographic Restrictions
Pigeon Loans’ headquarters in located in Miami, FL in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15.7 California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Pigeon Loans must be sent to our agent for notice to firstname.lastname@example.org. 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.
You may have other agreements with Pigeon. Such agreements are separate and in addition to these Terms, unless otherwise agreed to by the parties in writing. If any provision and/or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. If an applicable law is in conflict with any part of these Terms, these Terms will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Pigeon of any breach and/or default and/or failure to exercise any right allowed under these Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under these Terms. These Terms along with the Privacy Notice constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
16. Contact Us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to email@example.com or write a letter to 1000 Brickell Ave Suite 715 #5044 Miami, FL 33131.