By accessing and using the business applications, hubs, and products available and accessible on the Atlas Platform (the “Atlas Services”), the Business accessing and using the Atlas Services (“Business Customer”) and each person accessing and using the Atlas Services on behalf Business Customer (“Business Customer User”), acknowledges, agrees, and consents to the following:
- Business Application Submitted to Lender. The name of the financial institution to which Business Customer is submitting an application (“Lender”) is displayed within the business application and hub. The Atlas Services are software services provided by StreetShares, Inc. and its subsidiaries (“StreetShares”) to Lender. Lender, not StreetShares, is responsible for reviewing and making a decision on Business Customer’s application and for providing any financial services to Business Customer.
- Business Purposes Only. The Atlas Services are only available for business or commercial purposes and not for personal, family, or household purposes. Business Customer represents that it is an individual, corporation, company, association, partnership, estate, trust, or other entity or organization that operates for business or commercial purposes and not for personal, family, or household purposes (“Business”). Business Customer agrees that it will use any credit from Lender only for business or commercial purposes and not for personal, family, or household purposes. Business Customer understands that Business Customer’s agreement not to use the credit from Lender for personal, family, household, or consumer purposes means that certain duties imposed on lenders extending credit for personal or consumer purposes, and certain rights conferred upon consumers pursuant to federal or state law will not apply to Business Customer’s use of the Atlas Services.
- General Usage Restrictions. Each Business Customer User agrees that they will only access and use the Atlas Services in the United States. Each Business Customer User agrees that they will not in connection with the Atlas Services: (a) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of the Atlas Services are compiled or interpreted; (b) create any derivative product from any of the foregoing; (c) duplicate the Atlas Services or any software component of the Atlas Services; (d) interfere with or disrupt the integrity or performance of the Atlas Services or the data contained therein; (e) attempt to gain unauthorized access to the Atlas Services, computer systems, or networks related to the Atlas Services; (f) allow third parties to gain access to the Atlas Services, except for authorized representatives of Business Customer; (g) transmit through or post unlawful, immoral, libelous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material harmful to minors; (h) transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs; or (i) interfere with another user’s use and enjoyment of the Atlas Services. StreetShares may immediately and without notice suspend the access of any Business Customer User that violates this paragraph.
- No Agent or Broker. Business Customer understands that StreetShares is not acting as Business Customer’s agent, StreetShares is not counseling or advising Business Customer or any related person or entity about the availability or likelihood of receiving credit, StreetShares is not negotiating credit on Business Customer’s behalf or Lender’s behalf, StreetShares will receive no compensation from Business Customer, and StreetShares is not acting as or providing services as a loan broker or finder.
- No Legal or Accounting Advice. Business Customer understands and agrees that StreetShares and Lender are not providing any legal or accounting advice to Business Customer and that nothing in the Atlas Services constitute legal or accounting advice to Business Customer.
Disclaimer. THE ATLAS SERVICES AND ALL MATERIALS THEREIN ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” LENDER AND STREETSHARES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, NON-INTERFERENCE, VALUE OR ACCURACY OF DATA, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY LENDER OR STREETSHARES ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. LENDER AND STREETSHARES DO NOT WARRANT THAT THE ATLAS SERVICES OR ANY INFORMATION, MATERIALS, TECHNOLOGY OR SERVICES PROVIDED VIA THE ATLAS SERVICES WILL MEET BUSINESS CUSTOMER’S REQUIREMENTS, COMPLY WITH APPLICABLE LAW, GENERATE ENFORCEABLE OBLIGATIONS, OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. THE ATLAS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LENDER AND STREETSHARES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL LENDER OR STREETSHARES BE LIABLE TO BUSINESS CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO USE OF THE ATLAS SERVICES OR MATERIALS THEREON, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, ANY DENIAL OF CREDIT (IN WHOLE OR PART), LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, CLAIMS BY THE SMALL BUSINESS ADMINISTRATION (SBA), OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF THE USER OR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.