AisleCat LLC Terms of Service
Effective Since March 20, 2022
Please read this Terms of Service Agreement (the "Agreement") carefully. The Agreement governs your use of websites and mobile apps (collectively, the "Website" and "App" or "Apps") owned or operated by AisleCat LLC ("AisleCat") and the services and goods provided through or in connection with the Websites and Apps (collectively, the "Service"). Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service.
1. AisleCat IS ONLY A VENUE. The Website and Apps act as an online marketplace for you to find and transact with other users, Members, buyers or sellers (the "Users") showing products or services on the Service or otherwise associated with the Service. AisleCat is not a broker, lender or seller, does not sell any products or provide any services and is not a party to any transaction you may make with a broker, lender, or seller. AisleCat is not a party to any agreement you may make with a lender or broker with regard to any loan product. Any information you provide to a lender or broker in connection with your application remains with that lender or broker.
AisleCat does not sell or license any of the products listed on the Website or Apps and does not provide any loan, educational or other products or services listed on the Website and Apps, and AisleCat is not acting as an agent of sale or an agent of any merchant or provider of products or services. AisleCat does not have any responsibility for, or liability related to, any products and services listed on the Website and the App. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider.
AisleCat does not warrant that prices, shipping costs, taxes, products or descriptions, or any other content of the Website and the App is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and AisleCat shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Website.
AisleCat is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website and the App, including, without limitations, any agent referrals, loan recommendations, application, approval, pre-qualification, loan or interest rate analysis. Nothing on the Website and the App contains an offer, promise or otherwise from AisleCat to make a specific loan or that any participating lender or broker will make any loan for any purpose or on any specific terms.
AisleCat does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including, without limitations, any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the Website and/or the App constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z.
AisleCat is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. AisleCat is not liable for any acts or omission of acts of any seller, lender or broker on the Website and the App. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services.
Any information on the Website or the App can change without notice.
2. TRANSACTIONS. You may post content or view content posted by others on the Service. AisleCat does not undertake any obligation to monitor such content. You may act as seller or buyer and correspond with, participate in promotions by, and conduct transactions with the Users. AisleCat is not a party to the transactions between you and the Users of the Website or the App.
You may complete transactions as follows:
Transaction Processing by the Seller. For certain transactions, 1) sellers direct buyers to the seller's web site for transaction processing, or 2) sellers direct buyers to the seller's AisleCat Store, or 3) sellers provide buyers with sellers' contact information outside the Website or the App to complete a transaction. AisleCat never collects credit card information from buyers for transactions conducted through methods 1) and 3) of this section 2(A). AisleCat may, depending on the payment method specified by sellers, transmit credit card information from buyers to sellers or to third parties designated by sellers for transactions conducted through method 2) of this section 2(A). AisleCat does not maintain any credit card information upon transferring such information.
Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions.
The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. AisleCat and any of AisleCat's Co-branded Partners, Licensees and Affiliates (collectively "AisleCat Partners") assume no liability, obligation or responsibility in connection with any transactions between you and the Users of the Website or the App. If you have a dispute with the Users or any third party, you release AisleCat (and its agents and employees) and its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "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," as well as any other statute or common law principle of similar effect.
3. LINKS. AisleCat and AisleCat Partners may provide links to external websites or resources for your convenience and reference only. AisleCat and AisleCat Partners do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against AisleCat or its service providers arising out of your use of external websites or resources.
4. AisleCat STORES. AisleCat Stores is a venue for seller and buyers to sell and buy products that are listed on the Website. AisleCat is not a party to any transaction between sellers and buyers. AisleCat has no control over the legality, truth, accuracy, or quality of the listed products. AisleCat has no control over the business practices of the sellers and the purchasing practices of the buyers. You understand and agree that all transactions that occur through AisleCat Stores are strictly between you and Users, and that AisleCat has no responsibility or liability with respect to any part of the transaction or any issues related directly or indirectly to such transaction. AisleCat disclaims all warranties that may relate in any way to any products listed on AisleCat Stores and disclaims all guarantees for any payments owed to sellers. You agree to hold AisleCat harmless and indemnify AisleCat and its subsidiaries, affiliates, and AisleCat Partners and their respective directors, officers, employees and agents against any and all claims with respect to any transactions you are involved in with other Users. You agree to notify AisleCat at firstname.lastname@example.org of any activity that you believe is fraudulent, deceptive, and misleading. You may disclose personal information directly to Users or through AisleCat. You understand and accept the risk that Users may misuse your personal information. AisleCat does not guarantee the identities of Users nor does AisleCat guarantee the accuracy of the information supplied by Users. Buyers acknowledge and agree that AisleCat may transmit their credit card information to the sellers or to third parties that process sellers' credit card payments. You acknowledge and agree that AisleCat shall not in any way be held responsible or liable for any resulting harm or damage that may result from any misuse of your personal information. You acknowledge and agree that you or AisleCat may terminate your ability to sell or buy on the AisleCat Stores at any time. If you are a seller, you agree that you remain liable and will pay AisleCat any fees due to AisleCat for any services you received prior to the termination date.
5. MEMBER REGISTRATION. You must register as a Member with AisleCat to access certain functions of the Website or the App. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. AisleCat and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify AisleCat immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to email@example.com.
6. OWNERSHIP. All of the material included on the Website and/or the Apps, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of AisleCat and other parties. U.S. and international copyright laws protects all Content available on the Website and the Apps. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website or the Apps for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
8. ACCEPTABLE USE OF THE WEBSITE OR THE APP. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. In addition, the following rules apply to your use of the Service:
9. PROHIBITED CONDUCT. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website or the Apps, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except AisleCat) any information you obtain about or from other users of the Service, or you obtain from AisleCat if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, (g) send any unsolicited e-mail or advertising to any known user or (h) use the Services for any use other than personal, noncommercial purposes unless specifically approved in writing by AisleCat, in its sole discretion.
10. MERCHANT/PROVIDER REVIEWS. You may submit merchant/provider reviews to describe your shopping experiences with merchants and service providers. In submitting merchant or provider reviews,
12. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. AISLECAT PROVDIES THE SERVICE ON AN "AS IS" BASIS. AISLECAT AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AISLECAT AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO AISLECAT OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. AISLECAT AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AISLECAT OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While AisleCat takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL AISLECAT BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AISLECAT WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
13. LIMITATION OF LIABILITY. AISLECAT AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AISLECAT OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL AISLECAT AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY AISLECAT OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER AISLECAT OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AISLECAT FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
14. INDEMNIFICATION. You agree to indemnify and hold AisleCat, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. AisleCat and its Service providers assume no responsibility whatsoever for such content or actions.
15. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AISLECAT AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
16. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. AisleCat may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If AisleCat terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, AisleCat may remove from the Website and/or the Apps and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
17. TRADEMARK AND COPYRIGHT NOTICES. The Website and/or the App is a venue that, among other things, allows merchants to post product and service information for review by interested consumers and allows consumers to provide information and feedback on merchants, products and services. If you believe that a merchant or other User has acted in connection with the Website or the App in a way that infringes your trademark or copyright, AisleCat encourages you to resolve your dispute directly with the merchant or User. Merchants or Users may have placed the same or similar information or content on other websites or media, and working directly with the Merchant or User will often be the most effective way to resolve your dispute. AisleCat does not control and has no responsibility for content that appears on, or products or services sold or offered on or through, third party websites that may be accessed through the Websites and/or the Apps, and you should contact third-party sites directly to resolve any disputes that you may have with them.
18, NOTICES. Except as stated otherwise, any notices shall be given by email to firstname.lastname@example.org
19. GENERAL. The Agreement comprises the entire agreement between you and AisleCat and supersedes all prior agreements regarding the subject matter contained herein. AisleCat may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. Except as set forth below, you must make all notices to AisleCat in writing via conventional mail or e-mail addressed to: email@example.com.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. AisleCat's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AisleCat in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.