DENKYEM TERMS OF USE

Last Updated: September 24, 2019

These Terms of Use (“Terms”) apply to anyone who accesses and uses the websites and online services (collectively, the “Services”) provided by Denkyem, SPC (“Denkyem” or “we”).  These Terms do not govern any financial assistance provided by Denkyem, nor do these Terms supersede, modify or amend any agreement you may enter into with Denkyem to receive financial assistance for your business. 

Please refer to our Privacy Policy for information about how we collect, use, share and otherwise process information about you.  If you have any questions about these Terms or our Services, please contact us at info@denkyemcoop.com.

1.               Eligibility

The Services are designed to help provide services related to financial and other support that we may provide to businesses and entrepreneurs.  You may not use our Services to inquire about or receive financial assistance for personal, family or household purposes. 

If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. 

2.               User Accounts and Account Security

You may need to register for an account to access all or a portion of our Services.  If you register for an account, you must provide accurate account information and promptly update this information if it changes.  You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.  If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3.               Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Denkyem;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Submit information to us that is incomplete, false, misleading, or inaccurate, including in connection with any application for financial assistance; 
  • Use our Services for any personal, family, or household purposes;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes via our Services;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal, unintended or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section 3 is solely at Denkyem’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 3 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by this section.

4.               Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by or licensed to Denkyem and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your legitimate business purposes. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

5.               Trademarks

“Denkyem”, “Denkyem Co-op”, Denkyem, SPC”, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Denkyem and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.  Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

6.               Feedback

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Denkyem or our Services (collectively, “Feedback”). You grant us a perpetual, irrevocable, non-exclusive and royalty-free license to use such Feedback for any purpose, without acknowledgment or compensation to you, including, without limitation, to develop, distribute, copy, publish, or improve the Feedback in Denkyem’s sole discretion.  You understand that Denkyem may treat Feedback as nonconfidential.

7.               Business Information  

If you submit business plans and related materials (collectively, “Business Information”) to us other than to respond to our written request for specific information as part of a loan application, we are under no obligation to do any of the following absent an express written agreement to the contrary: (a) review or return the Business Information, (b) treat the Business Information as proprietary or confidential, or (c) protect the Business Information from misuse or disclosure.  Denkyem receives Business Information from numerous loan applicants and it is possible that Denkyem has already received and considered Business Information for a similar business plan from other loan applicants.  In no event will Denkyem be limited or restricted in its ability to review Business Information submitted by others or to pursue opportunities with others, including your competitors.  

8.               Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”).  We provide Third-Party Content as a service to those interested in such content.  Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.  Denkyem does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

9.               Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Denkyem  and each of our officers, directors, agents, partners and employees (individually and collectively, the “Denkyem Parties”) from and against any losses, liabilities, claims, demands, damages, expenses and costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback or Business Information; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.  You agree to promptly notify Denkyem Parties of any third-party Claims, cooperate with Denkyem Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees).  You also agree that the Denkyem Parties will have control of the defense or settlement, at Denkyem’s sole option, of any third-party Claims.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Denkyem or the other Denkyem Parties.

10.            Disclaimers

Your use of our Services is at your sole risk.  Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  In addition, Denkyem does not represent or warrant that the Services is accurate, complete, reliable, current or error-free.  While Denkyem attempts to make your use of the Services and any content therein safe, we cannot and do not represent or warrant that the Services or servers are free of viruses or other harmful components.  You assume the entire risk as to the quality and performance of the Services.

11.            Limitation of Liability

(a)         To the fullest extent permitted by applicable law, Denkyem and the other Denkyem Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Denkyem or the other Denkyem Parties have been advised of the possibility of such damages.

(b)         The total liability of Denkyem and the other Denkyem Parties for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use the Services.

(c)         The limitations set forth in this Section 11 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Denkyem or the other Denkyem Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

12.            Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.  Any dispute between the parties will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.

13.            Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time.  You also have the right to stop using our Services at any time.  We are not responsible for any loss or harm related to your inability to access or use our Services.

14.            Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

15.            Modifying these Terms

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms.  Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

16.            Miscellaneous

The failure of Denkyem to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.  You agree that communications and transactions between us may be conducted electronically.