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Terms of Use

(updated 5/16/13)

Welcome to Lihtec Funding!

BY ACCESSING AND USING OUR PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, PLEASE EXIT THE SITES, MOBILE APPLICATIONS OR OTHER SERVICES IMMEDIATELY AND DO NOT USE THEM IN ANY WAY.

I further understand that I am authorizing Lihtec to retain a copy of all such information received, including the information I am submitting through this registration form or that I provide to Lihtec from time to time, either directly or indirectly (collectively, the “Member Profile”), and to use that Member Profile to match me with offers from Lihtec’s investor partners.

Account Registration

Registering for an account with us by providing the information requested in our registration process will give you access to our free online State Housing Authority application, analysis of related information and any additional features we may develop for registered accountholders. Registering for an account is optional, but if you elect not to register for an account, you will not be able to access certain features of the Services.

By registering for an account or using the Services, you accept all responsibility for maintaining the confidentiality of your password, controlling and limiting access to your account, and for all activities that occur under your account or password. You may not sell, transfer or assign your account.

We may suspend or terminate your account or your use of the Services or otherwise deny you access to the Services at any time and for any reason, including, without limitation, if we suspect that information you have provided is untrue, inaccurate, not current, or incomplete, without notice. You agree that we will not be liable to you or any third party if we suspend or terminate your access to any Services for any reason. We retain sole ownership over your Lihtec account information.

Consents You Grant by Registering and Using the Services

When you register for an account with us, you understand that you are authorizing Lihtec to retain a copy of all such information received, including the information you are submitting through the registration form or that you provide to Lihtec from time to time, either directly or indirectly (collectively, the “Member Profile”), and to use that Member Profile to match me with product and services offers from Lihtec’s investor partners.

Offers From Investor Partners

We strive to promote the development of affordable housing through greater access to funding. As described in our Privacy Policy, we will never provide third parties with your contact information, but we may use your other relevant information that you provide to us while using the Services to match you with offers for financial products and services from our investor partners. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a financial product or service on your behalf without your express consent.

The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.

Location of Services and Territorial Restrictions

You are not permitted to access or use the Services in any jurisdiction or country where such access or use would be contrary to the law or regulation of that jurisdiction or which would subject us to the laws of, or any registration requirement with, such jurisdiction. We control and operate the Services from the United States and we make no representations or warranties that the information, products or services provided through the Services, or the Content, are appropriate for access or use in other jurisdictions.

We reserve the right to limit the availability of the Services or the provision of any Content to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

Limitations of Use and Notice of Prosecution

Your use of the Services must comply with all applicable law. Unauthorized use of the Services, including but not limited to, unauthorized entry into Lihtec’s systems, misuse of passwords, or misuse of any information available through the Services, is strictly prohibited. Any person attempting to access any of the Services without authorization may be subject to prosecution.

Links to Third Party Sites or Applications

There may be links within the Services, or communications you receive through the Services, to third party sites or applications or our Services may include third party content that we do not control, maintain or endorse (all such sites or applications and third party content, collectively “Third Party Content”). You expressly acknowledge and agree that we are in no way responsible or liable for any Third Party Content, including, without limitation, any damages, losses, failures or problems caused by, related to or arising from such Third Party Content. Your correspondence and business dealings with third parties, including with respect to the financial products or services offered by such third parties, and any terms, conditions, policies, representations or warranties associated with such business dealings, are solely between you and the third party. You should review all of the relevant terms, conditions, policies, representations or warranties associated with such Third Party Content, including any privacy policies and terms of service that may be on a third party site or application that you visit or use. We disclaim any harm, including, without limitation, harm related to your personal information, that may arise out of or relate to your access to or use of Third Party Content, including Third Party Content that is available on or through our Services.

Warranties and Disclaimers

USE OF THE SERVICES, THE CONTENT AND ANY MATERIALS OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. LIHTEC MAY DISCONTINUE OR MAKE CHANGES IN THE SERVICES OR THE CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. NONE OF LIHTEC OR ANY OF OUR AFFILIATES, REPRESENTATIVES, AGENTS, OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, VENDORS, INDEPENDENT CONTRACTORS, LICENSORS OR REPRESENTATIVES (COLLECTIVELY, THE “LIHTEC PARTIES”) UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY CONTENT OR OTHER INFORMATION PUBLISHED THROUGH THE SERVICES.

WE PROVIDE THE SERVICES AND CONTENT “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND NEITHER WE NOR THE LIHTEC PARTIES MAKE ANY WARRANTIES ABOUT THE RELIABILITY, ACCURACY OR USEFULNESS OF THE CONTENT OR THE SERVICES, USER CONTENT, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM LIHTEC OR VIA THE SERVICES. THE LIHTEC PARTIES FURTHER MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY OF THE CONTENT, THE SERVICES, THE INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED.

FURTHER, THE LIHTEC PARTIES DISCLAIM ALL OTHER WARRANTIES RELATING TO THE SERVICES OR THE CONTENT, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE REQUIRED BY APPLICABLE LAW.

YOU ACKNOWLEDGE THAT LIHTEC IS SOLELY AN INTERMEDIARY BETWEEN (I) YOU AND OUR INVESTOR PARTNERS FOR WHOM WE DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES. YOU ALSO ACKNOWLEDGE THAT, THE ANALYSES AND TOOLS AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, APPLICATION SCORING, TAX CREDIT PRICING, ARE BASED ON ASSUMPTIONS AND SUBJECT TO THE LIMITATIONS DISCLOSED WITH RESPECT TO EACH SUCH ANALYSIS OR TOOL. THE LIHTEC PARTIES EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY SUCH ANALYSIS OF RELATED INFORMATION, APPLICATION SCORING, TAX CREDIT PRICING, OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH THE SERVICES OR THE CONTENT; THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR INVESTOR PARTNERS; OR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LIHTEC PARTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE LIHTEC PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE LIHTEC PARTIES, OR REPRESENTATIVES THEREOF, ARE OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OUT OF OR RELATING IN ANY WAY TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES OR CONTENT LINK; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; (D) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (G) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; OR (H) ANY OTHER MATTER ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE CONTENT OR USER CONTENT. THE LIHTEC PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO DISCONTINUE USING THE SERVICES OR ACCESSING THE CONTENT AND, IF YOU HAVE REGISTERED FOR ANY SERVICES THAT REQUIRE REGISTRATION, TO TERMINATE YOUR ACCOUNT.

IN NO EVENT WILL THE LIHTEC PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED THE AMOUNT YOU PAID TO ACCESS THE SERVICES.

Monitoring of the Services and Disclosure for Administrative and Legal Reasons

Lihtec has the right, but not the obligation, to monitor the Services electronically. We may access, use, preserve, transfer and disclose any information (including Personal Information) to: (i) satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such action is required or permitted by law; (ii) enforce these terms, including investigation of potential violations thereof; (iii) protect the safety, rights, property or security of our Services or equipment or any third party; or (iv) detect, prevent or otherwise address fraud, security or technical issues. Any such access, use, preservation, transfer or disclosure may be carried out without notice to you at any time.

Law and Venue

This Site is located in the State of Illinois.  These Terms of Use and the relationship between you and Lihtec shall be governed by the laws of the State of Illinois without regard to its conflicts of law provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Termination

These terms, as may be amended from time to time, are effective until your account, if applicable, is deactivated by either you or Lihtec and you discontinue your use of the Services.

If you want to deactivate your account, you may do so online.

Any section of the terms that by its nature is intended to survive termination of this Agreement or your use or access to the Services or the Content shall survive such termination.

Indemnification

You agree to defend (if requested by the Lihtec Parties), indemnify and hold harmless the Lihtec Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Lihtec Parties in connection with any claim by a third party arising out of or in any way related to: (A) your use of the Services or the Content; (B) your violation or alleged violation of the terms, including, without limitation, your violation or alleged violation of any applicable law; or (C) your infringement or alleged infringement of any intellectual property or other right of any other person or entity. You shall not in any event settle any such claim or matter without the prior written consent of Lihtec. The Lihtec Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Miscellaneous

The terms (including the Privacy Policy and any Additional Terms which are incorporated by reference herein or hereinafter implemented) constitute the entire agreement between Lihtec and you in connection with your use of the Services or the Content. The failure of Lihtec to enforce any of its rights or act with respect to a breach of the terms by you or others does not constitute a waiver of any such rights and will not limit Lihtec’s rights with respect to such breach or any subsequent breaches. No waiver by Lihtec of any of the provisions in the terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Lihtec. Lihtec may assign its rights and duties under the terms to any party at any time without notice to you. You may not assign your rights hereunder, and any such assignment shall be void ab initio. If any provision of the terms is unlawful, void, or for any reason unenforceable under applicable law, then that provision will be deemed severable from the terms, as applicable, to the extent of such unenforceability and will not affect the validity and enforceability of any remaining provisions. The titles contained in the terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that the terms will not be construed against Lihtec by virtue of having drafted them.

Contacting Us

If you have questions regarding the terms or the practices of Lihtec, please contact us by e-mail at legal@lihtec.com.