Last Modified: September 13, 2021
Our website, www.gosteward.com (the “Site” or the “Website”) is a website owned by Steward Technologies LLC (“Steward Technologies”, "our", or "we"), a New York limited liability company with its mailing address at 228 Park Ave S #41153, New York, NY 10003, USA.
Steward Technologies provides this Site to you (“you”, “your”, or “user”) under the following terms and conditions (“Terms of Use”). Our Privacy Policy, which explains how we collect and use information from visitors to our Site, is incorporated by reference into these Terms of Use and is found below. By using our Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms of Use, our Privacy Policy and any other rules, policies or procedures that may be published by us from time to time on the Site, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you. By using this Site, you agree to be bound by any such updates; accordingly, it is incumbent upon you to review the Terms of Use on the Site frequently.
Funding for loans on the Site (the “Loan” or “Loans”) is conducted on a best-efforts basis. Neither Steward Technologies nor Steward Lending LLC (“Steward Lending”) takes any responsibility for identifying or recruiting appropriate individuals or entities willing to lend funds by participating in a Loan made by Steward Lending and/or providing Short-Term Loans (collectively, “Lenders”) for projects created by a potential borrower (“Borrower”) and posted on the Site (the “Project” or “Projects”, each on a “Project Page” on the Site). Each Borrower is responsible for securing a sufficient number of Lenders willing to lend funds sufficient to reach the minimum contractual amount necessary for closing the Loan (the “Minimum Loan Amount”).
All Projects submitted to Steward Technologies on the Site must be for business purposes only. Potential Borrowers must acknowledge, represent and warrant that any funds advanced pursuant to a Loan on the Site are strictly for commercial purposes only. No consumer financing of any kind is permitted. The Steward Platform will open Loans for funding for a fixed period of time until the date the Loan closes (the “Loan Closing Date”). The Loan Closing Date will typically be thirty (30) to ninety (90) calendar days after the Project has gone live on the Site. The Loan Closing Date may vary by Project and will be indicated on the Project Page. No Loan will be closed and no funds advanced to any Borrower on the Site unless the Minimum Loan Amount has been reached by the Loan Closing Date, unless otherwise agreed in writing and posted on the Project Page. All monies advanced by Lenders for a Project (the “Loan Participation Funds”) must be transferred via the Site, unless otherwise directed on the Project Page. In the event a Loan does not reach the Minimum Loan Amount by the Loan Closing Date, the Project will be disabled on the Site and no longer open for funding. In this event, the Loan Funds on hold pending closing will be returned to each Lender in full, to his/her/its individual Steward Account, or as otherwise directed on the Project Page. Any refund of Loan Funds, for whatever reason, will be transferred via the Site to the respective Steward account of the Lender, unless otherwise indicated on the Project Page. Our payment facilitator is unable to process ACH transactions for hemp businesses. Please see the individual project page for information on how we process transactions for hemp projects.
Each Project will have a minimum lending amount per Lender (the “Minimum Participating Loan Amount”) which will vary by Project. Participations are sold in set increments as identified on the Project Page. For Participated Loans, Fractional Participations are not allowed unless otherwise agreed in writing or identified on the Project Page. There may be a maximum Participation Amount per Participating Lender that may vary by Project (the “Maximum Participation Amount”) or a maximum Loan Amount per Short-Term Loan (“Maximum Short-Term Loan Amount”). Projects with a Maximum Participation Amount or Maximum Short-Term Loan Amount will indicate this on the Loan Participation Agreement. Maximum Loan Amount Loans may have a Maximum Loan Amount. All Maximum Loan Amounts will be listed on the Loan Agreement. In the event the Maximum Loan Amount is reached and there are Lenders who are still interested in funding a particular Loan, they will be placed on a Waitlist. In the event other Lenders cancel their Loan Funds prior to the Loan Closing Date individuals on the Waitlist will be contacted in the order in which their commitments were made and allowed to contribute Loan Funds or purchase Loan Participations for the Project.
Each Project will contain credit information (the “Credit Information”) in a credit file on the Project Page. Each Borrower is required in the Loan Documents to update the Credit Information provided on an on-going basis. If Lenders wish to cancel their Loans, they may do so prior to the Loan Closing Date without penalty by contacting support@gosteward.com and the Loan Funds will be returned to their Steward Account. After the Loan Closing Date, the Lender will be bound by the Loan Agreement effective as of the Closing Date. Each Borrower’s Credit Information may include but is not limited to a review of tax returns, business financials, a credit check, business plan, website and social media review. EACH LENDER IS RESPONSIBLE FOR EVALUATING THE CREDITWORTHINESS OF A PROJECT. LISTING OF A PROJECT ON THE SITE DOES NOT CONSTITUTE AN ENDORSEMENT OF THE PROJECT BY ANY STEWARD ENTITY. NO STEWARD ENTITY PROVIDES FINANCIAL ADVICE. All information provided for each Project is the responsibility of the Borrower. No Steward entity shall have any responsibility for the completeness or accuracy of information provided by Borrowers.
Each Loan may be secured by one or more of the following: (a) a security interest in assets, accounts, real or personal property, or specific equipment, (b) a commercial mortgage or (c) a business guaranty. Loans may be secured by UCC-1 statements which will be recorded in the relevant jurisdiction and provide public, legal notice regarding Steward Lending’s right to seize assets and/or property of Borrowers who default on their loans. The filing of a UCC-1 lien with the relevant Secretary of State allows Steward Lending to enforce this lien in the case of a default. Steward Lending does not guarantee that it will hold a first-position UCC-1 lien on the Borrower’s assets and/or property but makes reasonable inquiry regarding the existence of any prior UCC liens on Borrower assets and/or property. If a Loan is secured in one of the foregoing ways, it will be identified on the Project Page. There is no guaranty that any Loan secured by these methods will be sufficient to fully repay the debt of a Borrower.
Both Loan Participation and Short-Term Loans are available only to Sophisticated Lenders. This means that Lenders must certify at checkout that by reason of their business and financial experience and in making financial decisions of this type, the Lender is capable of evaluating the merits and risks of participating in the Loan transaction and bearing the economic risk of extending credit to the Borrower. Commercial Lending is by its nature inherently risky and Lenders must be willing and able to bear the risk of loss of their entire investment. THERE IS NO GUARANTY THAT BORROWERS WILL BE ABLE TO REPAY THEIR LOANS IN FULL OR IN PART. STEWARD LENDING IS NOT RESPONSIBLE FOR ANY INABILITY TO REPAY ANY LOAN. STEWARD LENDING’S RESPONSIBILITY IS LIMITED TO AND EXPLAINED IN THE LOAN AGREEMENT.
Steward Lending may receive a one-time origination fee of the principal amount of each loan, paid by the Borrower. The origination fee may vary by Project. Participating Lenders will not be charged an upfront fee nor any ongoing fee.
Access to the Site for Users that are businesses, other entities or persons acting on behalf of such businesses or entities, including for all Users participating in the Site is intended solely for authorized representatives of businesses or other entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such businesses or entities to act in furtherance of the business or entity's use of the Site. In addition to all other Terms of Use, Users accessing the Site on behalf of a business or other entity, represents and warrants that (1) you are duly authorized in accordance with the foregoing by the business or other entity on behalf of which you are acting, (2) that you have the power and authority to enter into binding agreements on behalf of the business or entity or in the capacity in which you are acting, and (3) that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you confirm that you agree to all of the terms and conditions of these Terms of Use individually and on behalf of such business or other entity, and represent and warrant that you and such business or other entity will abide by all of the terms and conditions of these Terms of Use. If you, the business or entity, any other person acting on behalf of the business or entity or any guarantor (if applicable) violate any of these Terms of Use, or otherwise violate any agreement between the business or entity (or, if applicable, any guarantor) and any Steward entity, we may terminate the business or entity's membership, delete any associated profile and any content or information posted on the Site in connection with the business or entity's membership and/or prohibit you, such business or entity and any other person acting on the business's or entity's behalf from using or accessing the Site at any time in our sole discretion, with or without notice. You further agree, both individually and on behalf of the business or entity, not to use the Service or the Site to:
In addition to the foregoing, which you hereby confirm on behalf of the Borrower, you further agree and confirm, both individually and on behalf of the business and/or entity, that: 1. use of the Site is contingent on acceptance of and compliance with these Terms of Use by all persons acting on the business or entity's behalf or in furtherance of the business or entity's Loan request; and 2. neither you nor the business or entity will use the Site to attempt to generate business or interest in the business or entity from any other person, including other Users, other than for purposes of obtaining a Loan via the Site unless otherwise agreed.
Steward Technologies is not a registered broker-dealer or financial adviser. We do not provide financial advice or recommendations regarding loans, short-term loans, or participation in loans; any information or representations made on the Site do not constitute financial advice or recommendations. Steward Technologies does not generate any revenue tied to any Loans offered, nor do we issue securities or receive compensation from the sale of any interests in Loans on this Site. However, Steward Lending LLC, an affiliate of Steward Technologies, earns a loan origination fee for every Loan made, which is paid by the Borrower at loan settlement. All offerings on this site are the responsibilities of the individual Borrowers, not Steward Technologies.
This Site, any Loan Agreements, and other information by Borrowers through this Site may contain forward-looking statements and information relating to the Borrowers on this Site, among other things, their business plan, strategy, and industry. These statements reflect the Borrower’s managements’ current views with respect to future events based on information currently available and are subject to risks and uncertainties that could cause the companies’ actual results to differ materially. Lenders are cautioned not to place undue reliance on these forward-looking statements as they are meant for illustrative purposes and they do not represent guarantees of future results, levels of activity, performance, or achievements, all of which cannot be made. Moreover, no person or entity assumes responsibility for the accuracy and completeness of forward-looking statements, and is under no duty to update any such statements to conform them to actual results. Except as required by law, no Borrower on this Site nor any other person assumes responsibility for the accuracy and completeness of the forward-looking statements. The Borrowers undertake no obligation to update publicly any forward-looking statements for any reason to conform these statements to actual results or to changes in their expectations.
Some of the information on our site is publicly accessible and downloadable from our Site. However, in order to access some materials related to the Loans, post comments on the Site, provide a Short-Term Loan, or participate in a Loan, you must register to create an account (“Account”). This Site is intended solely for users who are 18 years of age or older, and any account creation, use of or access to the Site by anyone under 18 years of age is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site and/or creating an account, you represent that you are 18 years of age or older and are of legal age to form a binding contract where you reside, and that all registration information you submit is accurate and truthful. You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and your email will serve as your user name. You are entirely responsible for maintaining the confidentiality of your password and user name. You agree to notify Steward Technologies immediately of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account and the Site. You agree that you shall be solely responsible for any loss or consequences resulting from activities attributed to your Account, either authorized or unauthorized. You agree that your Account will be entirely “self-directed,” by which we mean you are solely responsible for all purchases, orders, decisions to extend a Short-Term Loan or participate in Loans, and instructions placed in or through your Account. Although the Site may provide data, information or content provided by other parties relating to making Short-Term Loans or loan participation, you should not interpret any such content as tax, legal, or financial advice or as a recommendation to make a Short-Term Loan or participate in any Loan posted on the Site. Any decision by you to make a Short-Term Loan or participate in a Loan must be solely your own decision based on your due diligence and analysis of the risks involved in a particular Loan. It is made at your own risk. You acknowledge and agree that you are solely responsible for determining the suitability of participation in a Loan or making a Short-Term Loan and that you accept the risks associated with your decisions, including the risk of loss of the entire amount that you lend. You are strongly advised to consult a licensed professional for any legal, tax, insurance, or financial advice; the Site does not and cannot provide any of those types of professional services, advice or analysis. The Site permits authorized users to make Short-Term Loans and/or participate in Loans online. Site users are expressly prohibited from: (a) using the Site, or any services and or tools on it, if they are not able to form legally binding contracts, are under the age of 18 or are temporarily, or indefinitely, suspended from using the Site, services or any tools provided by it; (b) collecting other users’ personal information; and (c) posting false, inaccurate, misleading, defamatory, or libelous content. Steward Technologies, in its sole discretion, may refuse to allow any person or entity to use the Site and may change its eligibility criteria at any time. We reserve the right to suspend or terminate your access to the Site at any time and for any reason including your misrepresentation of information or abuse of information. Use of this Site is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. If you are using the Site on behalf of any entity, you represent that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify Steward Technologies for violations of this Agreement (as set forth below).
Loan participation and Short-Term Loan opportunities on our Site by Borrowers are intended only for Lenders who are able to bear the potential loss of the entire amount of their loan. All Loans on this Site are being listed by, and all information included on this site are the responsibility of, the applicable Borrower. Steward Technologies is the owner and provider of the Site; it has not taken any steps to verify the adequacy, accuracy or completeness of any information. This responsibility lies with the Borrower. Neither Steward Technologies nor any of its officers, directors, employees, agents, affiliates or representatives make any warranty, express or implied, of any kind whatsoever related to the adequacy, accuracy or completeness of any information on this Site, or the use of information on this Site. Lenders are responsible for conducting, and may rely only upon, any legal, accounting or due diligence review they decide is appropriate.
Notwithstanding the foregoing, each Borrower is responsible for ensuring that any information it posts on the Site is complete, accurate and not otherwise misleading. Users of the Site acknowledge that Steward Technologies is not liable to and will not verify or investigate the accuracy and completeness of the offering material and other information posted on the Site. Users understand, acknowledge and agree that other parties are relying on the statements made herein and that any willfully false statement is sufficient cause for removal from the Site and rejection of status as an eligible Borrower, and constitutes grounds for other legal causes of action.
The Loans listed on the Site are only suitable for prospective Lenders who are familiar with and willing to accept the high risks associated with making short-term loans and loan participations, including the risk of complete loss. Loan participations and Short-Term Loans sold through the Site are non-transferrable and are not without risk. Making a short-term loan or participating in a loan requires high risk tolerance and low need for liquidity. Users must be able to afford to lose their entire principal amount. The Loans being offered have not been registered under the Securities Act in reliance, as the Loans listed on the Site are not securities of any kind. No governmental agency has reviewed the offerings posted on this Site and no state or federal agency has passed upon either the adequacy of the disclosure contained herein or the fairness of the terms of any Loan.
In order to use the payment functionality of our application, you must open a "White Label" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at support@gosteward.com. Further, you will be required to download Plaid by Plaid Technologies, Inc. and you must accept the Plaid Terms of Service and Privacy Policy. Plaid allows users to authenticate accounts using bank credentials and allows Dwolla to connect with any bank in the U.S. You authorize us to share your identity and account data with Plaid for the purpose of General Site Guidelines You represent that all information that you provide to Steward Technologies or through the Site is accurate, compete and truthful. You acknowledge and agree that Steward Technologies and its agents are entitled to rely upon the information you provide as true, accurate and complete without independent verification. You are prohibited from posting or transmitting any material on or through the Site that is or could be offensive, fraudulent, unlawful, threatening, libelous or otherwise defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that could be considered a criminal offense, give rise to civil liability, or otherwise would violate any law or regulation. In using our Site you will not:
Please be aware that Steward Technologies will fully cooperate with any law enforcement authorities’ validly issued court orders and subpoenas requesting or directing Steward Technologies to disclose the identity of anyone posting any information or materials on the Site who is alleged to have engaged in violative conduct and assumes no obligation to give you prior notice of such disclosure.
Loans may have online communication channels that are monitored. These communication channels are for the purpose of prospective Lenders engaging in dialog with each other and the Borrower in any particular Loan. Borrowers are encouraged to participate in the communication channels so long as comments adhere to the following guidelines. The following types of comments are not permitted and will be removed:
To the extent permissible under law, Steward Technologies does not assume any liability or responsibility for any errors or omissions in the content of the Site. Steward Technologies does not endorse or represent the completeness, reliability or accuracy of any content or information distributed through or accessed from the Site and has not performed any investigation into such information. Steward Technologies shall not be liable for any financial decisions made that are based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. Steward Technologies is entitled to rely upon the information provided by its Users. You acknowledge and agree that Steward Technologies does not provide any representation, warranty or assurance that the Loans on the Site are made in accordance with State and/or Federal law. Each Borrower, and not the Site, is responsible for ensuring that any Loan is made in accordance with any applicable State and Federal law and regulations. We make no representation or warranties regarding the legality or compliance of any Loan to State or federal law. Steward Technologies has not reviewed all of the links provided on the Site and is not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is solely done at your own risk.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Site believes its copyrights have been infringed upon on or through our Site, the copyright(s) owner(s) (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), Steward Technologies’ Designated Agent for notice of claims of copyrights infringement can be contacted at the following address:
Designated Agent for Claimed Infringement:
Steward Technologies LLC
Attn: DMCA Designated Agent
Postal Address: 228 Park Ave S #41153, New York, NY 10003
E-mail address: support@gosteward.com
You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Please note that this procedure is exclusively for notifying Steward Technologies and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. You further acknowledge that under The Copyright and Related Rights Regulations 2003 enacted in the United Kingdom, the infringement of copyright or performer's rights by making a work available to the public in the course of a business or to an extent which prejudicially affects the copyright owner is a criminal offense. In addition, under that Regulation, a copyright holder has the right to seek to obtain an injunction against an Internet service provider (ISP) who has "actual knowledge" of another person using their service to infringe copyright or a performer's right. You also acknowledge that other countries have laws protecting copyright holders, and that you and other users of the Site, as well as Steward Technologies and its affiliates may have rights under those laws, including the right to obtain injunctive relief. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property rights are being infringed or misappropriated on this Site should be sent to support@gosteward.com. Steward Technologies may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or infringement of other intellectual property rights. Site and Customer Intellectual Property All content and images on the Site are either the property of, or used with permission by, Steward Technologies. The use of the content or images by you or anyone authorized by you is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Site. By providing content on the Site, you grant us a royalty-free, non-exclusive, worldwide license of your intellectual property rights in what you provide, including to copy, reformat, index, modify, display, distribute and put to commercial and other uses your content on the Site. No compensation will be paid with respect to our use of your content. Steward Technologies neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with Steward Technologies. The trademarks, logo and slogans displayed on the Site including the marks “Steward Technologies” and “Steward” (collectively the “Trademarks”), are owned by Steward Technologies and others. Nothing on this Site should be construed as granting any license or right to use the Trademarks without written permission of Steward Technologies or the third-party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are advised and cautioned that Steward Technologies will aggressively enforce its intellectual property rights to the fullest extent.
You agree that Steward Technologies will send communications to you electronically via the email address provided by you on your Account. You agree to notify us of any changes in your address or contact details. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement. You agree and represent that you have a suitable computer with an Internet Service Provider and Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining this equipment and these services. You agree that any information that you transmit to the Site or Steward Technologies in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, website addresses and links to other website/articles, etc., other than Personally Identifiable Information as defined in our Privacy Policy, is non-confidential and non-proprietary and can be used by Steward Technologies or its affiliates for the purposes described in the Privacy Policy.
We may, without prior notice, change the Site, or stop providing the Site, applications or services. We may permanently or temporarily terminate or suspend your account access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by those provisions of the Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Steward Technologies reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Site for any reason. The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Steward Technologies does not undertake any obligation or responsibility to update or amend any such information. You agree that Steward Technologies and its affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Your use of the Site is at your own risk. NEITHER STEWARD TECHNOLOGIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Steward Technologies assumes no responsibility for, and shall not be liable for, any damages to, or viruses, malware, spyware, bots or the like that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, or audio from the Site. Although Steward Technologies may from time to time monitor or review discussions, postings, transmissions, and the like on the Site, Steward Technologies is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy contained in any information within such locations on the Site. Steward Technologies reserves the right to remove any content from the Site or to restrict access to the Site for any reason without notice.
The Site is made available only to U.S. Persons. If you choose to access information or Loans on this Site, it is your responsibility to comply with the applicable local, national or international laws. If you are a non-U.S. Person, any use of this Site is entirely at your own risk. Participation in the Loans or Short-Term Loans listed on this Site can be sold only in certain jurisdictions. You acknowledge and agree that it is solely your responsibility to be aware of applicable laws and regulations of your Country and State of residence. THE CONTENT PROVIDED ON THIS SITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO EXTEND SHORT-TERM LOANS OR PARTICIPATE IN LOANS REFERRED TO ON THIS SITE, BY ANYONE IN ANY JURISDICTION IN WHICH SUCH OFFER, SOLICITATION OR DISTRIBUTION WOULD BE UNLAWFUL OR IN WHICH THE PERSON MAKING SUCH OFFER OR SOLICITATION IS NOT QUALIFIED TO DO SO OR TO ANYONE TO WHOM IT IS UNLAWFUL TO MAKE SUCH OFFER OR SOLICITATION. This Site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this Site available to you. You should satisfy yourself before accessing the Site that we would be allowed to offer short-term loans or loan participations to you under the law of the jurisdiction in which you reside. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction, including the one in which you reside.
These Terms of Use shall be governed by, construed and entered in accordance with the laws of the State of New York applicable to contracts deemed to be made within such State, without regard to choice of law or conflict of law provisions thereof. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Dispute Resolution In the event of any claim, controversy or alleged dispute between you and Steward Technologies or its affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding. Any proceedings will be held in New York, New York. The decision(s) of the arbitrator(s) shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except on very limited legal grounds. The implementation of arbitration decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any appeal. Judgment upon the award rendered in an arbitration may be entered by any court having jurisdiction thereof. You agree that all disputes will be limited between you, individually, and Steward Technologies. To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis. Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Steward Technologies, be subject to binding arbitration: (1) any dispute related to, or arising from allegations of criminal activity; (2) any dispute concerning Steward Technologies’ intellectual property rights; and (3) any claim for injunctive relief. Any court action commenced by you or Steward Technologies in accordance with these Terms of Use shall be brought in the United States District Court for the Southern District of New York, and you and we hereby submit and consent to the personal jurisdiction of, and the service of process by, that Court. Indemnification You agree to indemnify, defend and hold Steward Technologies and any of its affiliates, and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of or access to the Site; from the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or from any content posted through the Site by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Steward Technologies reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Steward Technologies in the defense of any such claim, action, settlement or compromise negotiations, as requested by Steward Technologies. The indemnification obligations set forth above shall survive your cessation of use of the Site.
We will provide notifications, including those regarding modifications to these Terms of Use and those required by law. We may, but are not obligated to, provide notifications of modifications made for marketing or other business-related purposes. Notifications will be emailed to you or posted on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Site visitors. We are not responsible for any automatic filtering that you or your network provider may apply to email notifications that we send to the email address you provided to us.
The failure of Steward Technologies to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Steward Technologies. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court or arbitral tribunal, as applicable, of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. In the event that any provision of these Terms of Use, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of these Terms of Use will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to the replacement of such void or unenforceable provision of these Terms of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.