Disclaimer and Consent
1. Information published on LendaBit
The website www.lendabit.com (hereinafter referred to as "LendaBit") provides information and materials of general nature. You are not authorized and nor should you rely on LendaBit for legal advice, business advice, or advice of any kind. You act at your own risk in reliance on the contents of LendaBit. Should you make a decision to act or not act, you should contact a licensed attorney in the relevant jurisdiction in which you want or need help. In no way are the owners of, or contributors to, LendaBit responsible for the actions, decisions, or other behavior taken or not taken by you in reliance upon LendaBit.
2. Risks related to the use of LendaBit
LendaBit will not be responsible for any losses, damages or claims arising from events falling within the scope of the following:
(1) Mistakes made by the user of LendaBit and any other related software or service, e.g., forgotten passwords, payments sent to wrong Bitcoin/USDT/other cryptocurrency addresses, accidental deletion of wallets, etc.
(2) Software problems of LendaBit and/or any cryptocurrency-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting LendaBit and/or any related software or service.
(3) Technical failures in the hardware of the user of any LendaBit-related software or service, e.g., data loss due to a faulty or damaged storage device.
(4) Security problems experienced by the user of any LendaBit-related software or service, e.g., unauthorized access to users' accounts.
(5) Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
3. Investment risks
Investments (lending) can lead to loss of money over short or even long periods. Lenders should expect prices for any cryptocurrency to have large range fluctuations. Information published on LendaBit cannot guarantee that the lenders would not lose money.
4. Compliance with tax obligations
The users of LendaBit are solely responsible to determinate what, if any, taxes apply to their transactions. The owners of, or contributors to, LendaBit are NOT responsible for determining the taxes that apply to transactions related with LendBit.
5. No warranties
LENDABIT PROVIDES THE SERVICE 'AS IS' AND WITHOUT WARRANTY OF ANY KIND BY US, OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, MARKETERS ADVERTISERS OR SUPPLIERS (THE 'OTHER ENTITIES'), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE AND THE OTHER ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY, WHETHER BY US OR THE OTHER ENTITIES, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO US OR THE OTHER ENTITIES, AS APPLICABLE. UNDER NO CIRCUMSTANCES WILL WE OR THE OTHER ENTITIES BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE OR YOUR ACCOUNT. UNDER NO CIRCUMSTANCES WILL WE OR THE OTHER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF GAIN, BUSINESS INTERRUPTION, LOSS OF YOUR INFORMATION, AND THE LIKE), WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE MARKETING OR PURCHASE OF THE SERVICE OR ANY USE OR INABILITY TO USE THE SERVICE OR YOUR ACCOUNT, EVEN IF WE OR THE OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN WE AND THE OTHER ENTITIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY AND IN NO EVENT WILL THOSE DAMAGES OR LIABILITY EXCEED THE GREATER OF $100.
6. Limitation of liability
Unless otherwise required by law, in no event shall the owners of, or contributors to, LendaBit be liable for any damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data arising out of or in any way connected with the use of LendaBit. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of LendaBit or to your downloading of any content.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your:
use of, or inability to use, LendaBit; or
use of or reliance on any content displayed on LendaBit or
We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our reasonable control which would have been unavoidable despite all efforts to the contrary, for example, delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing or computer facilities, mechanical breakdown, an act of state or government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations.
We will have no liability for not displaying on LendaBit, for withdrawing or for not matching with any prospective lender or borrower, any offer to lend or application to borrow which you submit to us. We will have no liability for any actions of any third party (including other customers) for any actions on LendaBit. LendaBit has no liability for any damages which may arise out of price changes of cryptocurrencies.
The user of LendaBit agrees to arbitrate any dispute arising from or in connection with LendaBit or this disclaimer, except for disputes related to copyrights, logos, trademarks, trade names, trade secrets or patents.
LendaBit does not offer any advisory or consulting services nor in investment or in taxation or legal issues. LendaBit does not provide financial services. LendaBit is only a marketplace to mediate loans between investors and borrowers. This means that users have to check in their own responsibility if a bitcoin- (or another cryptocurrency-) secured USDT loan is a suitable contract for them subject to their personal general and financial circumstances.
You agree to indemnify, defend and hold harmless us and the any third party, in their individual capacities or otherwise, from and against any third party claims, liability, damages or costs (including reasonable attorneys' fees) arising from (a) your negligence; (b) any claim by a third party (“Third Party Claim”) alleging that your use of our Services violates the rights of any third party, or violates any Law; (c) your failure to comply with the terms of this Agreement; (d) your violation of any applicable Law; (e) your violation of any rights of a third party; or (f) your use of LendaBit.
II. Customer Content
1. You represent, warrant and undertake that none of your Customer Content will violate or infringe upon the rights of any third party, including Intellectual Property Rights; or contain libellous, defamatory or otherwise unlawful material. In addition, you undertake not to use any of LendaBit to:
- harvest or collect email addresses or other financial, personal or contact Information of Customers or other users from LendaBit by electronic or other means for the purposes of sending unsolicited communications or inviting any person to lend or borrow outside LendaBit;
- use any of LendaBit in any unlawful manner or in any other manner that could damage, disable, overload or impair any of LendaBit or the servers on which any of them is hosted;
- use automated scripts to collect information from or otherwise interact with any of LendaBit;
- upload, post, publish, display, transmit, share, store or otherwise make available on any of LendaBit any information that we may deem:
- to be misleading, harmful, threatening, unlawful, libellous, defamatory, infringing of any intellectual property rights, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- to contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to be unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," pyramid schemes, or any other form of solicitation;
- to be the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers or other identifiers, credit card numbers and/or debit card numbers;
- to be an attempt to promote or market any goods or services for your own financial benefit;
- register at LendaBit more than once or register at LendaBit on behalf of an individual other than yourself, or register at LendaBit on behalf of any entity without that entity's prior written authorisation;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity; use or attempt to use another's account, service or system without authorisation from us, or create a false identity on LendaBit.
- solicit personal Information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- invite any person to lend or borrow money outside LendaBit or to transact on the basis of any exchange other than an exchange agreed with LendaBit to these Principles, the Loan Conditions or any other terms or conditions contained in LendaBit.
3. When you post your Customer Content, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the publication, display and storage of the Customer Content on any of LendaBit. By posting Customer Content to any part of any of LendaBit, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Customer Content for any purpose on or in connection with any of LendaBit or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Customer Content, and to grant and authorise sublicenses of the foregoing. You may remove your Customer Content from any of LendaBit at any time. If you choose to remove your Customer Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your Customer Content.
5. You are solely responsible for your interactions with other LendaBit Customers. We reserve the right, but have no obligation, to monitor disputes between you and other users.
By registering as a user of LendaBit you consent to the terms of the Disclaimer and Consent without any exclusions or reservations.