Terms of Use Agreement

Welcome to bckers Inc., a New York Corporation (together with its affiliates, officers, directors, agents, employees, representatives, partners, and their respective affiliates, collectively, "bckers "). This Terms of Use ("Agreement") is a contract between you ("you") and bckers sand governs your access and use of the bckers.com website and all other websites and mobile apps owned and operated by bckers that have this Agreement posted (collectively, the "Website"), including, but not limited to, all transactions conducted on the Website and all bckers services provided in connection with the Website. By accessing or using the Website, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy) and you agree to be bound by this Agreement, whether or not you participate in bckers ' micro contributing program or related programs, services or activities (collectively, the "Program") or otherwise access or use the Website (in each such capacity, a "User"). If you do not agree with all the terms and conditions in this Agreement, please do not participate in the Program or access or use the Website.

Welcome to bckers! You’re legally agreeing to the terms on this page when you visit and use bckers’ website. So, you should read them. This column can help you navigate the major points in the terms. If you don’t agree with these terms, you shouldn’t use bckers’ website.

This Agreement supersedes any previous agreement to which you and bckers may have been bound (provided that if you are a Borrower, Trustee, Field Partner, or Lender who has a separate written agreement with bckers, the terms of that separate agreement will control with respect to any provision that conflicts with this Agreement). This Agreement may be modified by bckers in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by bckers on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered bckers account, if any, as outlined in Section 8 below, and please immediately stop participating in the Program and accessing and using the Website. The Terms of Use is the current agreement between you and bckers. If you have any other contracts with bckers (for example if you are a bckers borrower or a contribution matching sponsor), those may override certain things in this Terms of Use. bckers may make changes to this agreement at any time. When we do, you’ll know we’ve updated it by looking at the date at the top of the page.

This Agreement is divided into the following sections:

1. Participation in the Program

2. Acceptable Use

3. Proprietary Rights

4. Disclaimers; Limitation of Liability

5. Governing Law; Resolution of Disputes; Arbitration and Waivers

6. Indemnity

7. Term; Termination

8. Entire Agreement; Severability; Assignment

1. Participation in the Program`

bckers manages the Website, which matches you and other persons (each, a "Lender" and, collectively, "Contributors") with borrowers and social enterprises in various countries in need of affordable capital (each, a "Borrower" and, collectively, "Borrowers"). In most instances, these Borrowers are considered "high risk" by traditional contributors for a variety of factors, including, but not limited to, the Borrowers' lack of credit history, the use of the contribution proceeds for entrepreneurial endeavors including investment in a "startup" business, and the geographic location including the risk of financial instability and foreign exchange rate fluctuations. Please carefully review the Website section entitled "The risks of contributing" which highlights the various risks associated with contributing online through bckers and explains in greater detail the role played by bckers and its Field Partners and Trustees (each defined below in this Section 1).

This section describes what bckers does. Contributing on bckers is risky and you might not get repaid what you lend. Please read our page called “The risks of contributing” for more information on the different types of risk you assume when you make a contribution.

You may participate in the Program as a Lender by creating an online account on the Website registered to your email address, or by using a guest checkout feature, as described below in Section 1.2. If you participate via bckers ' mobile app, you may not have access to all Website features and functionality through the app; however, you can access all your account settings, functionality, and information about your contributing history through bckers’ website at bckers .com. All transactions between Contributors and Borrowers or Field Partners (“Contribution s”) must be conducted through a bckers account, except when making a guest Contribution. The funds you have available in your bckers account which are freely available to be lent – whether deposited from your personal funds, value from a bckers Card (as defined below in Section 1.12), or repayments on previously made Contribution s – are referred to as your "bckers Credit." If you contribute through the Website, whether manually or via bckers’ Auto-Contributing feature (as defined below), you are instructing bckers to apply your bckers Credit to fund a Borrower and/or Field Partner through the Website. All amounts deposited in your bckers account must be lent through the Website. If bckers receives repayments on your Contribution s from the applicable Borrowers/Field Partners, such repayment amounts will be returned to your bckers account unless and until you instruct bckers to apply such amounts toward another Contribution. Alternatively, you can request that bckers pay you an amount equivalent to such repayments by requesting a withdrawal. You must have both a bckers account and an approved payment system account to receive and withdraw repayments. Please note that all payment systems may not facilitate payments in all countries – if the used payment system does not allow payments to be received in your country, you will not be able to withdraw your funds.

You must create an account to lend on bckers unless you check out as a guest. Money added to your account is called “bckers credit” and it must be used to make contributions on bckers. As borrowers repay, you can relend the money or withdraw said funds. You need to have both a bckers account and an approved payment system account to withdraw payments from bckers. You must create an account to lend on bckers unless you check out as a guest. Money added to your account is called “bckers credit” and it must be used to make contributions on bckers. As borrowers repay, you can relend the money or withdraw said funds. You need to have both a bckers account and an approved payment system account to withdraw payments from bckers.

By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that (a) bckers makes no representation, warranty, covenant or guarantee that any funds you lend to a Borrower via the Website will be repaid in whole or in part, (b) contribution s and other similar transactions made via the Website (each, a "Contribution ") are unsecured and bear a high risk of non-repayment and (c) given your financial situation and objectives, you will lend only those amounts on the Website that you can afford to lose. Contributions made via the Website are not cancellable or refundable by the User.

Again, contributing on bckers is risky! That means you should only lend money that you can afford to lose. Once you’ve contributed, you can’t cancel it, and bckers doesn’t guarantee that it will be repaid.

bckers will hold amounts due and payable to Contributors, Field Partners, and Borrowers (including bckers Credit) separate from bckers’ general funds, in an account or accounts established to hold funds for the benefit of Users with funds in the bckers system (“User Funds Account”). bckers will not use such amounts for bckers’ general operating expenses; however, bckers reserves the right to retain (a) interest on funds while such funds are held in a User Funds Account and (b) any foreign exchange gains collected in connection with Contribution repayments, and to use such interest and gains in support of bckers ’s general operating expenses. bckers raises money for our operations separate from contributions. This means we won’t use the money in your bckers account to run our organization.

1.1 Contributing Through bckers’ Website. The Website displays Contribution requests from Borrowers seeking funding from bckers Contributors. You can log into your bckers. account and manually fund specific Contribution requests on the Website. Alternatively, you can let bckers automatically apply your bckers Credit toward Contributions (“Auto-Lend”) based on preferences in your account settings. Unless you instruct bckers not to Auto-Lend from your account, up to the full balance of your bckers Credit may be Auto-Lent if the following circumstances are met: (a) you have not manually made a Contribution for at least 45 days prior; (b) there are available Contribution requests on the Website that meet the criteria you have designated in your account settings, if applicable; and (c) your bckers account either (i) contains at least the minimum amount of bckers Credit required to make a Contribution manually, or (ii) no future repayments to your account are expected (in which case amounts less than the minimum manual Contribution amount may be Auto-Lent). When you contribute you may change your account settings to, for example, give bckers the option to Auto-Lend your bckers Credit without waiting at least 45 days, designate criteria for the types of Contribution s to be automatically made from your bckers Account, or change the amount of the donation made to bckers with each Auto-Contribution. However, you understand and acknowledge that bckers shall have no obligation to lend your bckers Credit via Auto-Contributing at any time, or at all. You acknowledge and agree that any Contributions transacted pursuant to Auto-Contributing are in all respects Contributions voluntarily made by you as the Lender, and in no event will such Contributions be cancellable or refundable to you. bckers may modify or terminate the Auto-Contributing functionality at any time or from time to time.

You can choose specific contributions to make through bckers’ website.

1.2 Guest Checkout

From time to time, bckers may offer a guest checkout feature that allows you to make one or more Contribution s through the Website without creating a bckers account. If you make a Contribution through a guest checkout feature, you will need to provide your email address, and you will still be subject to bckers’ Terms of Use and Privacy Policy. You agree that bckers. may contact you via email at the email address you provide when checking out as a guest. You understand and agree that you will not be able to receive or withdraw Contribution repayment amounts if you do not have a bckers account. From time to time, bckers may allow you to “claim” your guest Contribution (s) by enabling you to finish creating a bckers account associated with the email address you provided when checking out as a guest. bckers reserves the right to set time limits on when you must finish creating your bckers account to claim a guest Contribution. You agree that bckers shall have sole discretion to use as bckers sees fit all funds that are repaid on any Contribution you make as a guest and do not later claim within the period set by bckers.

bckers may allow you to lend without a bckers account. If you choose to lend as a guest, you will need to provide an email address, and bckers may let you finish creating an account linked to your email address later. If you do not later create an account, you won’t be able to receive contribution repayments, and bckers will decide what to do with any repayments on your guest contribution.

1.3 Types of Contribution s on the Website.

a. Partner Contributions. The majority of Contributions on the Website are administered by existing domestic and international organizations (each, a "Field Partner" and, collectively, "Field Partners") that work in underbanked or low-income communities and generally have a stated mission to reduce poverty by providing affordable working capital, services or supplies to underbanked or low-income borrowers (“Partner Contributions”). When a Partner Contribution is funded, bckers sends Lender funds to the Field Partner administering the Partner Contribution and receives Borrower repayments via the Field Partner as the Contribution is repaid. Field Partners disburse money to borrowers and collect repayments, which they then send to bckers.

b. Direct Contributions. Certain other Contributions on the Website are not administered by Field Partners, but instead are made by transferring funds directly from bckers to a Borrower’s digital account (“Direct Contributions”). Because Direct Contributions are not managed by a Field Partner, they typically bear a greater risk of non-repayment than most Partner Contributions. As Direct Contributions are repaid, funds are then transferred directly from the Borrower’s account back to bckers. Some, but not all, Direct Contributions are endorsed by individuals or institutions that vouch for the Borrower’s character (“Trustees”). Trustees may help manage their respective Borrowers’ relationships with bckers, but Trustees do not handle Contribution disbursements or repayments made through bckers’ system, and they do not guarantee Borrower repayments. Direct Contributions and Partner Contributions differ in some important ways, which will be explained more below. In general, direct contributions have a higher risk of non-repayment than Field Partner contributions because there’s no third-party institution managing the contribution. Some direct contributions are endorsed by “Trustees,” which are people or institutions that vouch for the borrower’s character but do not actually handle the contribution.

1.4 Contribution Disbursement.

a. Partner Contribution Disbursement. Partner Contributions are not made directly to Borrowers but are instead administered by Field Partners. Contribution requests are posted in cooperation with such Field Partners and are, before being listed on bckers, converted to U.S. dollar amounts as necessary and then rounded up to the nearest U.S. dollar increment of 25, to help streamline the Contribution transaction process. Funds contributed by you, the Lender, will be delivered to Field Partners for ultimate disbursement to, or backfilling of Contributions to, the Borrower(s). A Field Partner may voluntarily choose to pre-fund your Borrower in the short-term from its own funds in anticipation of receiving your Contribution amounts as backfill. This helps reduce the time the Borrower needs to wait until the Contribution is funded on the Website and the funds are delivered to the Field Partner. bckers serves as a middleman in the process and aggregates funds from multiple Contributors via the Website and delivers 100% of these funds on a net billing basis (excluding the interest earned, if any, on such funds while they are held in a User Funds Account) to the Field Partner(s) for disbursement to the Borrowers funded through the Website.

The process of disbursement to a Borrower in a particular country, however, may vary from the standard disbursement structure just described. Currency and other national or local regulations may require a different philanthropic funding structure in some countries. In such cases, instead of Contribution funds being forwarded directly to the corresponding Field Partner, bckers may, for example, have to transact with other intermediaries (such as the Field Partner's U.S.-based affiliates or other third parties licensed in the particular country to transact in foreign currencies) to structure a different indirect funding process that enables a Borrower to ultimately be supported by a Partner Contribution from you. In some cases, bckers may approve a Field Partner's pledge of collateral to another lender that may include contributions supported by bckers Users.

This section explains how we get your money to borrowers. Most contributions are distributed to borrowers through bckers ’s Field Partners. bckers works with lots of different types of Field Partners and borrowers in different countries, so the process of contribution distribution can vary depending on the contribution.

Field Partners is solely responsible for screening and selecting each Borrower (including, without limitation, posting requests for Partner Contribution s on the Website) and making all Partner Contribution disbursements, and bckers expressly disclaims any responsibility to screen or select any Borrower or any Field Partner or monitor the disbursement of Contribution proceeds from the Field Partner(s) to the Borrower(s). bckers and its Field Partners shall have no liability whatsoever with respect to such screening or selection of Borrowers or Field Partners and the disbursement of Contribution proceeds from the Field Partner(s) to the Borrower(s), and you shall hold bckers and its Field Partners harmless from all liabilities with respect to, or resulting from such screenings, selections, and disbursements.

For partner contribution s, bckers doesn’t choose the individual borrowers posted to our website by Field Partners. Neither bckers nor our Field Partners will be liable to you should problems arise with Field Partners, borrowers, or the contribution disbursement process.

b. Direct Contribution Disbursement. Direct Contributions are made directly to Borrowers, without facilitation by Field Partners. Direct Contribution requests are submitted by Borrowers and approved by bckers before they are posted to the Website. Funds contributed by you, the Lender, will be transferred directly to the account of the Borrower you have chosen to support. bckers serves as a middleman in the process and aggregates funds from multiple Contributors via the Website and delivers 100% of these funds (excluding the transaction fee, interest earned, if any, on such funds while they are held in a User Funds Account to the Borrower. bckers expressly disclaims any responsibility to screen Trustees or Borrowers or monitor Borrowers’ use of bckers funds. bckers and the Trustees shall have no liability whatsoever with respect to such screening or selection of Borrowers, and you shall hold bckers and the Trustees harmless from all liabilities with respect to or resulting from such screening and selection of Borrowers. bckers does select borrowers who receive a direct contribution and sends them the money without help from a Field Partner. Neither bckers, nor anyone who endorses a direct contribution, will be liable to you if any problems arise with these borrowers.

1.5 Contribution Collection and Repayment. Partner Contributions are repaid by Borrowers to the Field Partners. Generally, as a Borrower repays a Contribution, the respective Field Partner will post a record to the Website of such repayments received by the Field Partner, and it is the responsibility and obligation of the applicable Field Partner to pay over such collected Contribution repayments to bckers. In some cases, the records of repayments are not posted on the Website as the Borrowers repay the Contributions, because of certain system and country regulatory constraints. Direct Contributions are repaid directly by Borrowers to bckers, without facilitation by a Field Partner. Repayments may be made in periodic installments, depending on the terms of the applicable Contribution. In some cases (for example, for Contribution s in India), repayments may only be provided at the end of a fixed term (for example, after 43 months), because of certain system and country regulatory constraints. Except as may be provided in Section 1.2 (Guest Checkout), Section 1.6 ("Principal Loss Scenarios") bckers commits to pay to Contributors on a pro rata basis (in accordance with the amounts contributed by each such Lender to a given Borrower) amounts equivalent to the repayments received by bckers from such Borrower (whether directly from the Borrower or from a Field Partner). Repaid amounts will show as bckers Credit in your account, but technically speaking these funds (which reflect amounts bckers owes to you) are held by bckers until you instruct us to (a) use the amounts repaid to make new Contributions through your bckers account, or (b) pay you an equivalent amount by requesting a withdrawal. Distributions to Contributors may, in bckers ' sole discretion, be made periodically or in one lump sum once 100% of all Contribution proceeds for a particular Contribution have been received by bckers. Furthermore, please note that timing of distributions to Contributors may vary and may be materially impacted because of circumstances that, in bckers 's judgment, require bckers to conduct further reviews with respect to the collected repayments (for example, to resolve issues regarding accuracy of repayment amounts and corresponding data, or for other issues). If, for any reason, a given Field Partner is unable to collect Partner Contribution repayments directly from the Borrower(s) or if bckers, for any reason, is unable to collect Contribution repayments directly from a Field Partner or a Borrower, repayment of your Contribution amounts could be at risk of partial or total delay or non-repayment and a loss of some, or all your principal could occur. You hereby acknowledge and agree that neither Field Partners nor Borrowers will have direct contractual obligation or liability to pay you any principal and that bckers is only obligated to repay such Contribution principal to the extent received by bckers from a Field Partner or a Borrower (subject to the conditions noted above). None of bckers, its Field Partners or any Borrower will have any obligation to pay interest on the Contribution or other fees or amounts (other than as expressly set forth above) to you or any other Lender in connection with any Contribution you make. However, you should note that bckers charges service fees to Field Partners and Direct Contribution Borrowers, and Field Partners generally also charge interest and fees to Borrowers. This section explains how contribution repayment works. After we receive a repayment on one of your contributions, we will pay you and the other contributors back in proportion to how much everyone lent. You can also choose to use repaid amounts to make new contributions. If a borrower or Field Partner doesn’t send repayments to bckers as expected, you won’t get your money back. You don’t have the right to seek repayments directly from Field Partners or borrowers.

1.6 Principal Loss Scenarios. bckers will generally deem a Contribution to be in default if bckers determines that collection of funds for such Contribution is doubtful or the cumulative amount repaid as of a quarterly reconciliation is less than the amount expected as of six (6) months to one (1) year prior, although case by case differences may exist based on pending prospects for repayment of the Contribution and depending on country context and related system and regulatory constraints. You understand and hereby consent (without any prior notice thereof) to any restructuring of the repayment plan for your Contribution (s) and/or, in bckers ' sole discretion, any extension of the length of the term of your Contribution (s) to increase the chances that your Contribution (s) will be repaid in whole or in part. In cases where a Contribution is in default, and subject to the distribution timing provisions noted in Section 1.4 (Contribution Collection and Repayment) above, each applicable Lender will have the option to recover a portion of whatever principal has been repaid up to that point.

bckers has guidelines for when to declare a contribution in default (meaning we believe the contribution is not going to be repaid). We may decide it’s better not to follow these guidelines in some cases. For instance, while we won’t change a contribution’s repayment terms on the bckers website, we may nevertheless allow a borrower or Field Partner more time if we think it will increase the chance of repayment.

For Partner Contribution s made in local currencies other than the U.S. dollar, bckers gives Field Partners the option to have Contributors bear the risk of principal losses resulting from currency exchange rate fluctuations. Field Partners may require Contributors to bear any losses due to the appreciation of the U.S. dollar relative to the local currency in which the Contribution was made. The Contributor profile for each Partner Contribution on the Website specifies whether the applicable Field Partner will cover some or all losses from currency fluctuations, or whether Contributors will be required to bear the risk of currency exchange rate losses. If there are currency exchange rate gains during a Contribution, such gains will first be used to offset any exchange rate losses on that same Contribution, and any gains above the original Contribution amount will be used by bckers to further its charitable purposes (for example, funding future Contribution s or covering bckers 's operating expenses).

In addition to contribution defaults, you may lose money because of changing currency exchange rates. bckers contribution s are made in U.S. dollars, but Field Partners often distributes the money to borrowers in their local currency. Sometimes local currency becomes less valuable during the term of a contribution. This means that by the time a borrower repays his or her contribution, it might equal less than the original contribution amount when it’s converted back to U.S. dollars

If for any reason less than 100% of your Contribution is repaid, regardless of whether you made such Contribution manually or pursuant to Auto-Contributing, you agree that neither bckers nor its Borrowers, Field Partners or Trustees (as well as any "related Field Partner or Trustee entity" – for example, one that as part of a restructuring or otherwise, assumes control over such a Field Partner or Trustee, its assets and/or its obligations) shall have any liability therefor, and you hereby release and forever hold harmless bckers , its Borrowers, Field Partners, Trustees and any related Field Partner or Trustee entity for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the appropriate tax treatment of such a loss.

If any part of your contribution is not repaid, you will lose that money. You won’t sue bckers, Borrowers, Field Partners, Trustees, or anyone else for your losses.

1.7 Insufficient Lender Funds. In the event that you make a Contribution and your payment does not clear (e.g., an e-Check does not validly deliver to bckers the full amount of the intended Contribution , or your payment provider reverses a payment originally intended for bckers ), you agree that bckers may, in its sole discretion, (i) offset the amount of the insufficiently funded Contribution against your bckers Credit if your account contains it, or (ii) if you do not deposit bckers Credit sufficient to cover the shortfall, close your account. If you try to contribute and your payment doesn’t clear, we can cover the contribution with bckers credit from your account (if you have any) or close your account if you do not deposit the necessary credit.

1.8 Subscriptions. bckers offers Contributors the ability to sign up for subscriptions, including but not limited to (a) periodic automated deposits of funds to your bckers account (“Auto Deposits”) which you can log into your account to lend, and/or (b) periodic automated deposits of funds to your bckers account that are automatically lent via bckers ’s Auto-Contributing feature once your account contains sufficient funds to make a Contribution (“Subscription Contributing”). Subscription Contributing products offered from time to time may include, but are not limited to, “Monthly Good” and subscriptions to support contributions related to specific causes. If you sign up for Auto Deposit or Subscription Contributing, you authorize bckers to initiate a deposit of funds from your designated payment method to your bckers account in the amount and frequency specified in your account settings, and to charge you for an optional donation to bckers ’s operations in the amount you designate, until such time as you cancel your subscription through your account settings. If you sign up for Subscription Contributing, you authorize bckers to Auto-Lend funds from your account as described in Section 1.1 above.

If you sign up for auto-deposits or a contributing subscription, you give bckers permission to initiate deposits of new funds to your bckers account from your chosen payment method on a regular basis. Contributing subscriptions (like Monthly Good) will automatically lend your funds as soon as you have enough in your account to contribute.

1.10. Contribution Records. Records of each Contribution you fund (including this Agreement and any repayment history) are kept by bckers and, if you have a registered account with bckers and upon your written request, will be made available to you at any time throughout the term of the Contribution. Your bckers Credit balance can also be accessed via your bckers account. You can check your contributing history and account balance by signing into your bckers account, or by writing to bckers to ask for it.

1.11 User Account Inactivity; Instructions for Auto-Donation of Funds to bckers or Auto-Withdrawal Return of Funds to User; Potential Escheatment of Funds. bckers welcomes its Users' active participation in the bckers Program. However, there may be occasions when a User becomes "inactive" for an extended period of time – i.e., a User does not log in to his or her bckers account (or otherwise indicate to bckers a desire to keep the account active – for example, through a phone or email communication with bckers or by taking advantage of embedded response features, such as a click-response button in an email or other electronic communication from bckers ) or there are no credits/withdrawals made to such User's account (including contributing and repayment activity from both manual and Auto-Contribution s). Therefore, bckers has implemented a Website feature pursuant to which you may instruct bckers in advance as to how you wish any remaining payments owed to you to be handled in the event your account were to become inactive for a period of 24 or more consecutive months – namely, whether in such a case of User inactivity, you (i) wish to automatically donate such funds to bckers 's general operating expenses to further bckers 's philanthropic mission or (ii) wish for bckers to pay any amounts owed to you via bckers 's standard account withdrawal process. In addition, in such cases of User inactivity, bckers may elect to automatically terminate the inactive User account.

Upon registration on the Website automatically be opted-in to instructing bckers to auto-convert any remaining amounts owed to you (in connection with Contribution repayments) to a donation to bckers 's general operating expenses to further bckers 's philanthropic mission if your account becomes inactive for a period of 24 or more consecutive months. Please note that you are free to change this pre-set option in your discretion and at any time in advance (although you understand any funds that have been auto-donated based on the then-existing preference setting shall not be revocable once the auto-donation has taken place).

If your bckers account has no activity for 2 years, it will become inactive, and we reserve the right to close it. You can go to your account settings to let us know ahead of time what we should do with any money we still owe you if this happens. By default, these funds will be donated to bckers if your account becomes inactive. If you don’t want that to occur, you can change your settings to instruct bckers to pay the funds to your approved payment system account. Depending on when and how you signed up for bckers, you may not have a default setting. If this is the case, you can go to your account settings and choose to either donate inactive funds to bckers or have them returned to you.

In the event that your account shows no activity for an extended period of time and (i) you have not indicated an instruction to bckers through an inactivity preference selection described above or (ii) your instructions to have remaining amounts paid to you cannot be successfully completed, whether because there are funds remaining in your account that have never been lent, because of invalid/incomplete information, because you fail to claim the funds after thirty (30) calendar days have passed from the day bckers has forwarded the funds to you, because your funds were returned to bckers as unclaimed after bckers has attempted to forward your funds to you, or for any other reason internal or external to bckers , then bckers may determine it is appropriate to forward (i.e., escheat) any funds we owe you to the state government of your state of residency. In such a case, bckers will determine your residency based on the state listed in your mailing address information that may have previously been made available to us. If your address is unknown or is outside of the USA, bckers may then find it is appropriate to forward (escheat) your funds to the State of New York. If your funds are escheated to a state authority, you would have to contact the relevant state's unclaimed property administrator to reclaim such funds.

If your account becomes inactive without instructions for what to do with any money we owe you, we may send it to your home state government so that you can claim it later. We may also do this if you’ve told us to return the funds to your Approved payment system account, but we can’t for some reason (for example, if you haven’t given us a correct Approved payment system account). If you live outside the U.S., or if we don’t know where you live, we will send the money to the State of New York.

1.12 Promotional Products. bckers may offer certain promotions and promotional products to Users, including but not limited to features that allow a User to contribute on the Website without spending his or her own personal funds or bckers Credit. With respect to such promotions and promotional products, shall apply to all Users’ participation in the promotions and use of promotional products.

If we offer any special promotions to you (like the ability to contribute without using your own money), additional terms may apply.

2. Acceptable Use

2.1 Appropriate Conduct. You may access and use the Website for your personal, non-commercial use in connection with the Program (if Borrowers may promote their businesses on their Contribution profile pages). The Website may not be accessed or used by you in connection with any other endeavors – commercial or otherwise – except as previously approved in writing by an authorized representative of bckers. Your access and use of the Website and participation in the Program shall be in strict compliance with this Agreement, including, without limitation, bckers 's Privacy Policy, all other procedures, and guidelines set forth on the Website and as part of the Program, as well as applicable law. Only authorized Field Partners and authorized Borrowers may seek Contribution s on the Website or otherwise through the Program (if you may apply to become an authorized Borrower through bckers ’s formal application process). bckers has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal and injunctive redress) against any illegal and/or unauthorized uses of the Website or exploitations of the Program, including collecting or harvesting (whether or not by automated scripts) the name, email address or any other personal or confidential information of any User, Field Partner, Borrower or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or software, systems, or equipment of bckers or any User, Field Partner, or other person. You may not use the Website in any manner that, in bckers ’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, or by “keyword stuffing” contributing team pages (loading a page description with keywords to manipulate the page’s ranking in search results). Although bckers assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in lender messages or creating or joining contributing teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Borrower profile, (iii) promote or enable illegal activities, (iv) defraud or deceive any person, (v) promote or solicit involvement in support of any political platform, legislation or campaign activity for or against political candidates, (vi) publicly share information about a Borrower’s delinquency or default, (vii) access and use the Website by scripts, bots or other automated technology, (viii) contact, advertise to, solicit, "spam," or sell to any User, Field Partner, Trustee, Borrower or other person without their prior explicit consent (provided that Borrowers may promote their businesses to Users in a respectful way), or (ix) post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in bckers 's opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; is defamatory, libelous, or invades another person's privacy or proprietary rights; or contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices.

bckers always reserves the right (but will not have an obligation) to restrict, suspend or terminate the participation of any User or any contributing team from the Website and the Program at any time, with or without prior notice. In order to protect Users and other persons from advertising, solicitation or harassment, bckers reserves the right to remove or refuse to post or distribute any content from the Website that violates acceptable use in bckers 's sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that bckers deems appropriate, in bckers 's sole and absolute discretion.

Basically,This section is about the dos and don’ts of using bckers. Do use bckers to make contribution s and participate in our contributing community. Don’t do anything that causes a negative experience for other bckers users (like sending spam or posting offensive content). bckers is the judge of what’s inappropriate, and we can suspend your account for bad behavior.

2.2 Safety and Security. To protect your own safety and well-being, you agree to take prudent safeguards and precautions in your participation in the Program, including without limitation in your interaction with other Users, whether offline or online. bckers strongly recommends that you do not post any personal contact information (for example, personal email addresses, personal phone numbers or home addresses) and use your discretion if any person (a) requests to communicate outside of the Website (for example, by email, phone or in-person), (b) requests money, goods or any similar type of assistance other than through an official Contribution request on the Website, (c) asks for assistance with personal transactions (for example, depositing funds and shipping merchandise), or (d) requests your personal contact information or financial information. You agree never to share (i) your credit card number or bank information, (ii) Social Security Number or government-issued identification numbers (for example, driver's license number) or (iii) mother's maiden name or other private information that can be used to access your financial information. As with any interaction, keep in mind that it is always possible for people to misrepresent themselves.

In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to bckers , to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account, including but not limited to contributing activity and withdrawals, whether due to your authorizing someone else to use your bckers account, your sharing of your login credentials with any third party, or your actions otherwise resulting in your login credentials being used by a third party. You agree not to impersonate any person or entity. You will promptly report to bckers any violation of this Agreement by others of which you become aware, including any access of your bckers account without your permission. Reporting such access is the best way of preventing further fraudulent access to your bckers account. For errors regarding your account activity other than unauthorized access to your account, you may also contact bckers to investigate your complaint or questions.

Like with all online platforms, you should be cautious with your personal information and stay alert for scammers who may try to contact you through bckers ’s messaging features or impersonate bckers through other communication channels. Never give out your financial information, personal ID numbers or account password, and do not use the same password on multiple websites. Be honest with the information you use to sign up for bckers and let us know if you become aware of any fraudsters.

2.3 bckers API. The bckers API is a service that bckers provides to allow third parties to develop and offer applications, services and features using information from the Website and Program (“Third Party Applications”). Third Party Applications are not created or maintained by bckers but by third parties. These third parties’ terms of service and privacy policies govern your use of Third-Party Applications. Any authorization you give to any third party or Third-Party Application to access your account information and/or take actions on your behalf does not relieve you of any of your responsibilities under this Agreement. bckers gives no guarantees or warranties with respect to any Third-Party Application and is not responsible for your use of or inability to use any Third-Party Application, including without limitation the content, accuracy, reliability or security of Third-Party Applications or the privacy practices or other policies of third parties. You may revoke permissions that you have granted to a Third-Party Application by logging into your account on the Website or by contacting bckers. We let third-party developers make bckers -related apps and services that are not controlled by us. If you use one of these services, it’s at your own risk, and subject to the service’s separate terms and policies.

2.4 bckers Resources; Independent bckers Events. bckers does not review, approve, endorse, advise, or provide organizational oversight of bckers -themed clubs and/or events established or held by persons who are not bckers employees or formal volunteers. For example, educators and students might form independent school bckers clubs or hold bckers -themed lessons, and Users might host bckers themed events in their communities. While bckers makes resources available, individuals and groups that use the Resources do not have any official affiliation with bckers. Although bckers does not provide direct oversight or guidance to bckers themed clubs, groups, and/or events, you agree to uphold bckers ’s values at all meetings and events, and in any promotion of your club, group, or event. This means that you will promote an environment where all group members and/or event attendees are treated with respect and are not discriminated against based on factors such as race, ethnicity, religion, gender or gender identity, sexual orientation, age, national origin, disability, or socioeconomic status.

You agree and understand that all Resources are provided on an “AS IS” and “WITH ALL FAULTS” basis, without warranties or representations of any kind, either express or implied. Your use of the Resources is at your sole risk, and bckers expressly disclaims all liability arising from or relating to the Resources. While bckers strives to provide useful and accurate information, bckers does not warrant that the information offered in the Resources is free of errors or opinion biases. You further understand and acknowledge that you may be exposed to content that may be deemed offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against bckers with respect to the Resources.

YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR THAT MAY BE SUSTAINED BY OTHERS IN CONNECTION WITH YOUR USE OF THE RESOURCES AND/OR YOUR BCKERS -THEMED MEETINGS OR EVENTS. YOU HEREBY RELEASE AND FOREVER HOLD HARMLESS BCKERS FROM AND AGAINST ANY LIABILITY ARISING FROM SUCH INJURIES AND/OR DAMAGES.

bckers has resources to help people start bckers clubs at their school or hold bckers -themed events. However, these clubs and events are not formally affiliated with bckers, and bckers doesn’t have any control over them. If you use bckers ’s resources for independent clubs or events, it’s at your own risk. You won’t sue bckers for anything relating to these clubs or events.

3. Proprietary Rights

3.1Rights in Content on the Website. "bckers," the "bckers " logo and other bckers graphics, logos, designs, page headers, button icons, scripts, names, and branding are trademarks, service marks or trade dress of bckers (collectively, "bckers Marks"). bckers Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of bckers. bckers or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted, or otherwise shared by bckers thereon (collectively, "Content"). The Website and Program contain the copyrighted material, trademarks, and other proprietary information of bckers and its licensors. You may display and make limited copies of the Content (other than the bckers Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of bckers . In addition, to the extent you receive information from bckers , its Field Partners, Trustees, or Borrowers with respect to any Borrower, and that information is later removed from the Website (including, without limitation, due to the Contribution delinquency or default of a particular Borrower or the sensitive nature of particular Borrower profiles), you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Borrower, if such Borrower (either directly or through the corresponding Field Partner, Trustee, or bckers ) has opted to have his or her identity withheld on the Website.

bckers owns our name, logo, branding and all the content on our website, and you can’t use it without our permission. That said, you can share website content if it relates to your use of bckers (and if you’re not making any money off it). If we later remove content (like borrower information) from the bckers website, you shouldn’t continue to share that information with others. You also shouldn’t publicly share information about borrower delinquency or defaults.

If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to bckers in connection with or arising from your participation in the Program, including without limitation any feedback provided to bckers (collectively, "User Generated Content"), you agree to grant, and hereby grant to bckers an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power, and authority to grant the foregoing license. In addition, you agree to release, discharge, and agree to hold harmless bckers from all claims or liability, whether known or unknown, including all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.

We can use anything you post on the bckers website (like profile information or message board comments), and we can give others permission to use it too. We don’t have to pay you for the use of this content, and you won’t sue us over its use, or over anything posted to the website by another user. You shouldn’t post anything you don’t have permission to post (like a picture that isn’t yours).

You acknowledge, consent and agree that bckers may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and User Generated Content in order to: (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) respond to claims that any Content violates the rights of third parties, including without limitation intellectual property rights; (iii) enforce this Agreement and investigate potential violations thereof; (iv) detect, prevent, or otherwise address fraud, security, or technical issues; (v) respond to your requests for customer service; or (vi) protect the rights, property, or personal safety of bckers , its users, or the public. Please see the Privacy Policy for more information regarding the use and disclosure of your information as part of the Program.

We can view, save, and share anything you post on the website, as well as your account information, for the reasons listed in this section.

3.2 Notices of Infringement. To file a notice of infringing material on the Website, please provide a notification containing the following details:

Reasonably sufficient details to enable bckers to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL).
Reasonably sufficient details to enable bckers to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material).
Your contact information so that bckers can contact you (for example, your address, telephone number, email address).
A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
Your physical or electronic signature.

Then send this notice to:

Attn: Legal Department, bckers

By Email: [email protected]

If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material in question.
Your name, address, and telephone number.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which bckers is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
Your physical or electronic signature.

Then send this notice to bckers's DMCA Agent based on the contact information provided above in this Section.

If you see something posted to the bckers website without its owner’s permission, please let us know by following the instructions in this section. If we remove something you’ve posted and you think you had the right to post it, you can let us know about that too.

3.3 Third Party Content and Sites. The Website contains (or you may be sent through the Website) links to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures, and materials (including, without limitation, text, graphics, designs, music, sound, video, information, and software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by bckers , and bckers is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, 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 bckers. If you decide to leave the Website and access a Third-Party Site, you do so at your own risk and you should be aware that bckers ’s 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 Website.

bckers doesn’t monitor everything that users post to the website, including links to other websites, so we can’t guarantee that they are safe or reliable. If you follow links to other websites, it’s at your own risk.

4. Disclaimers; Limitation of Liability

bckers is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost, or expense you may incur in connection with the Website or Program, whether caused by any User, Field Partner, Trustee, Borrower or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that neither Field Partners, Trustees, nor Borrowers are liable for content created and posted on the Website, and neither Field Partners nor Trustees guarantee repayment by any Borrower. bckers is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, bckers 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, any communications.

bckers is not responsible for your interactions with any Field Partners, Trustees, any other User, or any Borrower (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions. bckers reserves the right, but has no obligation, to monitor disputes between you and such persons.

Under no circumstances will bckers be responsible for any loss or damage, including, without limitation, personal injury, or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. bckers does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.

Basically,bckers isn’t liable for any problems you may have if you use the website for contributing, borrowing or otherwise, even if those problems are caused by our mistake or another person’s bad behavior. Field Partners, Trustees, and borrowers aren’t liable to you either.

THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO BCKERS) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.

bckers will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by bckers or "force majeure" or any other cause beyond the control of bckers . Again, you use bckers at your own risk. While we hope you have a great experience, we don’t make any promises or guarantees about the service we provide or the experience you’ll have.

You understand that all decisions made by you with respect to the Website and Program are yours alone. bckers cannot and does not verify the accuracy of information from Field Partners, Trustees, other Users, or Borrowers. bckers shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Contribution to a Borrower or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. You acknowledge and agree that bckers is not acting as your fiduciary, and bckers assumes no advisory or fiduciary responsibility with respect to you in connection with the Website or your participation in the Program (including without limitation, regarding your funding of Contribution s). In addition, in no event will bckers be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential, or punitive damages arising from your use of the Website or participation in the Program, even if bckers has been advised of the possibility of such damages, costs, losses or expenses.

While we strive for correct information on the bckers website, we don’t double check the accuracy of everything posted on our website, including contribution s posted by Field Partners. When you use the bckers website or contribute, you assume the risks and are responsible for your own decisions.

5. Governing Law; Resolution of Disputes; Arbitration and Waivers

This Agreement is governed by the laws of the State of New York, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and bckers , including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in San Francisco if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which bckers is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and bckers. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by New York statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or bckers may seek any injunctive relief in a state or federal court in San Francisco, New York , as may be necessary to preserve rights pending the completion of arbitration and bckers may seek any injunctive relief in a state or federal court in San Francisco, New York , or another court of competent jurisdiction, at any time against any violations of Section 2 (Acceptable Use) or Section 3 (Proprietary Rights) of this Agreement.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND BCKERS HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.

You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive, or consequential damages.

If you have a dispute with bckers, you agree to solve it through arbitration instead of a lawsuit. This means an independent person whose job it is to solve disputes will make a binding decision. In other words, you’re giving up your right to a jury or court trial and you agree to be subject to New York law, no matter where you live.

6. Indemnity

You agree to indemnify and hold bckers harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.

If someone else sues us because of something you did relating to bckers, you’ll reimburse us for our costs.

7. Term; Termination

This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, bckers may make features available to Users as part of the Program. bckers reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website, or take advantage of any bckers services, may be determined by bckers in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason through your Account Settings. Any funds remaining in your account at the time of deletion, as well as any funds later repaid to the account, will be automatically donated to bckers. bckers may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to bckers. Upon such a bckers -initiated termination, your available bckers Credit shall be returned to you within thirty (30) days of account termination and any bckers Credit you may receive in the future shall also be returned to you in due course, unless there are circumstances restricting bckers ’s ability to do so (for example, fraud, ongoing investigations, or the like). If your participation in the Program and registered account is terminated by bckers, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or registered account is terminated, bckers has the right to delete your profile and remove your User Generated Content. You agree to these terms both during your use of bckers and after you close your account. You can close your account through your Account Settings. If you don’t withdraw your balance before closing your account, those funds will be automatically donated to bckers. Any future repayments to your closed account will also be donated to bckers. We have the right to close your account and notify you that you cannot use bckers anymore. If we do this, you can’t make a new account and keep using bckers, but we’ll continue to send you amounts we owe you as we collect contribution repayments. We also can stop providing features of our website and contributing program at any time.

8. Entire Agreement; Severability; Assignment

This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and bckers regarding the use of the Website or the Program. Notwithstanding the foregoing, the following applies to Borrowers, Trustees, and Field Partners: in the event of any irreconcilable conflict between your separate written Borrower, Trustee, or Field Partner agreement with bckers (as applicable) and this Terms of Use Agreement, the provisions of your Borrower, Trustee, or Field Partner agreement (as applicable) shall govern with respect to such conflict. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. bckers has the right to delegate, assign and otherwise transfer any or all its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Please contact us at [email protected] with any questions regarding this Agreement, or to request a written copy of this Agreement.

These are some common legal terms we have included. If you want a written copy of these Terms of Use, or if you have any questions, just email us at [email protected]