Last Updated: April 13, 2016
You may not transfer or assign any rights or obligations you have under this Agreement without Peerform, Inc.’s prior written consent in its sole and absolute discretion. Peerform, Inc. reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Notices to You
You agree that Peerform. Inc. may provide notice to you by posting it on our website, emailing it to the email address listed in your account, or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent.
Calls to You
By providing Peerform, Inc. a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Peerform, Inc. at that number.
Notices to Peerform, Inc.
You authorize Peerform, Inc., directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Peerform, Inc. is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. You agree to indemnify Peerform, Inc. to the fullest extent of applicable law in the event that any tax authority holds us responsible for any taxes directly or indirectly arising from your use of the Site.
Investor Members: Securities Matters
Registration Data; Account Security
Proprietary Rights in Site Content; Limited License
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose. You further agree that you will not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:
· upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable in our sole and absolute discretion;
· register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
· impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
· upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
· upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
· solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
· upload, post, transmit, share or otherwise make available any material that contains 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;
· intimidate or harass another user;
· upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
· use or attempt to use another's account, service or system without authorization from Peerform, Inc., or create a false identity on the Service or the Site; or
· upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Peerform, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Peerform, Inc. or its Users to any harm or liability of any type.
Limitations of Use
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Peerform, Inc.’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Peerform, Inc. makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Peerform, Inc.
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Peerform, Inc. member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a "Google® search" or other online research).
User Content Posted on the Site
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Peerform, Inc. 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 User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
You may review personal information (including credit data) posted by other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Sean Barravecchio
Full Address of Designated Agent to Which Notification Should be Sent:
Peerform, Inc., 711 3rd Avenue, 6th floor, New York, NY 10017
Telephone Number of Designated Agent: 1-800-338-8049.
Facsimile Number of Designated Agent: 1-917-591-6579
E-Mail Address of Designated Agent: firstname.lastname@example.org.
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Peerform, Inc. has adopted a policy of terminating, in appropriate circumstances and at Peerform, Inc.'s sole discretion, the memberships of members who are deemed to be repeat infringers. Peerform, Inc. may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Web Sites and Content
The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
E-Sign Disclosure and Consent
Because we operate only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us and Cross River Bank, a New Jersey state-chartered, Federal Deposit Insurance Corporation-insured commercial bank ("CRB"), we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the electronic mail (“E-mail”) address you provide to us. By agreeing to this E-SIGN Disclosure and Consent (the “Consent”), you agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099, arising from or relating to any loans you may request or receive, your registration as a borrower or investor on our Site, any loans you may fund, your use of this Service, the servicing of your loan, if funded as either a borrower or investor member of Peerform, Inc. (each, a "Disclosure"), from us. An IRS Form 1099 refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an "IRS Form 1099"). The decision to do business with us and CRB electronically is yours. This document informs you of your rights concerning Disclosures.
Any Disclosures will be provided to you electronically through Peerform, Inc. either on our Site or via E-mail to the verified E-mail address you provided. If you require paper copies of such Disclosures, you may write to us at the corporate mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. If you do not consent to receive an IRS Form 1099 electronically when you agree to this Consent or subsequently revoke such consent, a paper copy of any IRS Form 1099 required to be delivered to you after the effective time of your failure to consent or revocation of consent will be sent to you at no cost. However, a fee may be charged for any additional or replacement copies of such IRS Form 1099. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS Form 1099 provided electronically will remain accessible through at least the fifteenth day of October of the year in which such IRS Form 1099 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent
Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Peerform, Inc., or between you and CRB. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
Consenting to Do Business Electronically
Before you decide to do business electronically with Peerform, Inc. or CRB, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements
In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an E-mail account and related software capable of receiving E-mail through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above and Netscape Navigator 6.0 or above, or the equivalent software; and hardware capable of running this software.
You expressly consent to receiving telephone calls and messages, including autodialed and prerecorded message telephone calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Additional Mobile Technology Requirements.
If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective "app store". If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
You may withdraw your consent to receive Disclosures electronically by contacting us in writing at the address below or by sending an E-mail to email@example.com. Your withdrawal of consent will be effective as of the end of the next succeeding Business Day after our receipt of your written withdrawal of consent. For purposes of this Consent, a “Business Day” means any day from Monday through Friday, excluding Saturdays, Sundays and federal holidays. However, once you have withdrawn your consent you will not be able to post loan requests on our Site. If you have a pending loan request on our Site, we will terminate it and remove it from our system. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified residential mailing address provided during registration. If you are an investor member on the Site and you withdraw your consent to receive Disclosures electronically, you may continue to contribute funds to requests on the Site. If you have already purchased one or more loans, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified home address provided during registration.
If you withdraw your consent to receive an IRS Form 1099 electronically, we will confirm your withdrawal and its effective date in writing by E-mail. Such withdrawal will take effect for the calendar year in which it is made so long as such withdrawal is made before the first day of November of such calendar year.
How to Contact Us Regarding Electronic Disclosures
You can contact us via E-mail at firstname.lastname@example.org or by calling Support at 1-800-338-8049. You may also reach us in writing to us at the following address: Peerform, Inc., 711 3rd Avenue, 6th floor, New York, NY 10017, Attention: Compliance Department.
You will keep us informed of any change in your E-mail or residential mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered E-mail address changes, you must notify us of the change by sending an E-mail to email@example.com or calling 1-800-338-8049. You also agree to update your registered residential mailing address and telephone number on the Site if they change.
You will print a copy of this Consent for your records, and you agree and acknowledge that you can access, receive and retain all Disclosures sent via E-mail or posted on the Site.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Peerform, Inc. does not guarantee the accuracy of any User Content or Third Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Peerform, Inc. is not responsible for the conduct, whether online or offline, of any User of the Site or Service. Peerform, Inc. cannot guarantee and does not promise any specific results from use of the Site and/or the Service to obtain a loan.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Peerform, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Peerform, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Peerform, Inc. be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
Peerform, Inc. reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Peerform, Inc.
You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Peerform, Inc. You further agree to indemnify and hold harmless Peerform, Inc. from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Peerform, Inc. are non-confidential and shall become the sole property of Peerform, Inc.. Peerform, Inc. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
None of Peerform, Inc., any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "Peerform, Inc. parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content (whether ours or third party content) and Peerform, Inc. (for itself and on behalf of the Peerform, Inc. parties) disclaims liability for errors or omissions in the content.
Peerform, Inc. may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and Peerform, Inc. parties do not undertake any obligation or responsibility to update or amend any such information. Peerform, Inc. reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or typographical errors. Use of this site is at your own risk.
Limitation of liability
Under no circumstances will Peerform, Inc. parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Peerform, Inc. parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Peerform, Inc. is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that Peerform, Inc. parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
Except in jurisdictions where such provisions are restricted and except as provided above in the paragraph titled, "investor members: securities matters", in no event will Peerform, Inc. or its directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service or any of the site content or other materials on or accessed through the site, even if Peerform, Inc. is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein except as provided above in the paragraph titled, "investor members: securities matters", to the extent permitted by applicable law Peerform, Inc.'s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Peerform, Inc. for the service during the term of membership. In no case, except as provided above in the paragraph titled, "investor members: securities matters", will Peerform, Inc.'s liability to you exceed $1000. You acknowledge that if no fees are paid to Peerform, Inc. for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Peerform, Inc., regardless of the cause of action.
In addition to the specific securities laws provisions described above in the paragraph titled, "investor members: securities matters", certain federal and state laws do not allow the exclusion or limitation of certain damages or limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Monitoring of the site
Peerform, Inc. has no obligation to monitor the Site; however, you acknowledge and agree that Peerform, Inc. has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
Submissions to the site
Use of personally identifiable information
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Peerform, Inc. to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
Applicable law and dispute resolution
If you have questions regarding the Agreement or the practices of Peerform, Inc., please contact us by e-mail at firstname.lastname@example.org or by regular mail at Peerform, Inc., 711 3rd Avenue, 6th floor, New York, NY 10017, Attention: General Counsel.
Please visit our FAQ page for more information.