These Terms of Service ("Terms", "Agreement") are an agreement between Pigeon Loans, Inc. ("Pigeon Loans, Inc.", “Pigeon”, "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Pigeon Loans website and any of its products or services (collectively, "Website" or "Services").
Account Registration and Cancellation
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Businesses, corporations or other such entities, are not authorized to use Pigeon Loans Services, unless explicitly authorized in writing by Pigeon Loans, Inc. If you, as an authorized representative of a business, corporation, or other such entity, are interested in using our services or partnering with us, please contact at firstname.lastname@example.org.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address, Internet Protocol address, and other identifying information to prevent further registration.
If you decide to delete or cancel your account, you may do so as long as you do not have any active loans. In order to close your account, you must ensure that all your active loans are either repaid in full, closed, canceled or forgiven with the permission of your loan counterpart. You understand that upon deletion of your account, you will no longer have access to the records of your loans, or transactions. Upon closure of your account, we may (but are under no obligation to) delete your information and account data stored on our servers. You agree to not hold Pigeon Loans, Inc. liable to you, your loan counterpart, or any other third party for compensation, reimbursement, or damages due to the termination or suspension of your account, or for deletion of your information or account data.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the terms you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Pigeon Loans, Inc. takes security and safety seriously, and we have designed and implemented technical, operational, and organizational measures to prevent malicious activity, including but not limited to unauthorized access to your personal information, and use of the services with malicious intent. However, we cannot guarantee that unauthorized third parties will never be able to defeat, or circumvent the measures we have put in place. If we identify any fraudulent activity relating to your account or your personal information, we will notify you within a reasonable time at your email address on file.
You are responsible for contributing to the security defenses of your account by keeping your account information, including but not limited to your chosen password confidential. You are also responsible for contacting us if you suspect fraudulent activity on our Services. You can email us at email@example.com.
When users create a Pigeon Loans account, they automatically agree to the Pigeon Loans Reward Program (“Pigeon Points”) Terms and Conditions. Pigeon Loans, Inc. reserves the right to modify the “Pigeon Points” program, including but not limited to, the manner in which points are earned or redeemed.
You earn points when you create your account on Pigeon Loans, Inc. and when payments and / or loans are made through the Website. Points earned on payments made through Pigeon Loans, are only awarded to the individual who is initiating the payment. For example, if the Borrower is making a monthly repayment, only the Borrower will earn and accumulate the points associated with that payment. Points cannot be accumulated on purchases made before a User sets up an Account on Pigeon Loans, Inc. You can access and monitor your total points on your Account on the Website. The terms for earning payment-related points are outlined here below:
- No points are earned on Freebird Payments for either the Lender, or the Borrower of any loan.
- For Bank Payments made through Pigeon Loans, the individual initiating the transfer shall earn 1 point per every dollar transferred to their loan counterpart. Points are only earned once, after successful payment, and they are based on the ceiling of the numerical value of the payment initiated.
- For One-Time Debit & Credit Payments made through Pigeon Loans, the individual initiating the transfer shall earn 2 points for every dollar transferred to their loan counterpart. Points are only earned once, after successful payment, and they are based on the ceiling of the numerical value of the payment initiated.
Other than through payments on the Website, an individual may earn points after successful creation of their account, and during every month of being part of an active loan. The terms for earning non-payment-related points are outlined here below:
- Upon successful creation of an account on Pigeon Loans, an individual may receive a one-time award of 1000 Points, added directly to their account.
- Users may receive 800 points for every month during which they are in an active loan with a loan counterpart.
Notwithstanding the foregoing, points and their values: (a) are determined by Pigeon Loans, Inc. in its sole discretion; (b) are subject to change without notice; and (c) may vary among activities and promotions. The dollar amount for the purpose of calculating Point earned is on the actual dollars spent at checkout, less taxes, fees, delivery charges, rebates, or other excluded charges. Points will be credited to a User’s Account within approximately 1 hour from the time of purchase. Other exclusions and limitations may apply.
Unless prohibited by law, unused points automatically are forfeited upon termination of the User’s Account. Points are non transferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers and rewards certificates do not constitute property of the User.
Points Redemption, Reward Redemption, and Other Benefits
Points will be redeemable once 5,000 Pigeon Points have been accrued on the Pigeon Loans Website. Pigeon Points will be redeemable only through Amazon gift cards, which are subject to Amazon’s Conditions of Use and Privacy Notice. Once points are successfully redeemed, Pigeon Loans will deduct the equivalent number of points from your Account.
Pigeon Loans to Users Communication
By creating an account with Pigeon Loans, Inc. you consent to receiving communications from Pigeon or any third party services used by Pigeon. Communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. Such communication will primarily be in the form of emails, but may also be text messages, calls, or letters, and may come from either Pigeon Loans, Inc. or our third party services. You are responsible for maintaining your contact information updated, so that we, or our third party services may contact you.
Communication Between Users
Pigeon Loans, Inc. simplifies communication between users by sending updates, notifications, reminders, announcements, and any other such communication to users, and loan counterparts. However, Pigeon Loans, Inc. does not replace communication between you and your loan counterpart. You are responsible for communicating with your loan counterpart externally from the Services if something regarding your loan needs to be discussed or agreed upon.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
By using the services offered by Pigeon Loans, Inc., (including, but not limited to, the adoption, copying, or other use of the loan agreement generated on the Pigeon Loans website) you warrant that has full legal right, power, and authority to enter into the loan agreement with your loan counterpart, and to perform the obligations under this Agreement.
Generally, the loan agreements signed by users will be enforceable in courts; however, Pigeon Loans does not guarantee that the loan agreements will be enforceable in every case. To the fullest extent permitted by applicable law, in no event will Pigeon Loans, Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be held liable for the enforceability of the loan agreement signed by you, and your loan counterpart.
Pigeon Loans, Inc. does not warrant, guarantee, or represent the repayment, either in part, or whole, of loans made using our Services. Loans made on Pigeon Loans, Inc are unsecured, and bear the risk of non-repayment. By using the Services, you agree to not hold Pigeon Loans, Inc. liable for any loss or damage due to unpaid, underpaid, or unrepaid loans, either in part or whole, and you acknowledge that you are entering into a loan agreement with another individual at your own risk.
You acknowledge and agree that Pigeon Loans, Inc. is not a fiscal advisor, and does not provide legal or tax advice. Any information provided on the Website, or other Pigeon Loans, Inc. services (such as the Pigeon Loans, Inc. blog), does not constitute legal, fiscal, or tax advice and is purely informational.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, harm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Third Parties Products and Services
Third Party Liability
Some of the services offered by Pigeon Loans, Inc (including, but not limited to the integrated payment platforms), require the use of third party products (such as Stripe, Inc., and HelloSign). By using such services offered by Pigeon Loans you, enable, access or use third party services. Be advised that your access and use of such other third party products and services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Pigeon Loans, Inc. with respect to such other services.
Pigeon Loans, Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Pigeon Loans, Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.
Our use of third party services for certain features (such as our use of Stripe, Inc. for payment transactions, both to Pigeon Loans, Inc. as well as to other users), requires the sharing of personal information. By creating an account with Pigeon Loans, Inc. you authorize us to share your personal information with such third party services. You also understand that Pigeon Loans has access to the information you provide directly to the third party vendors, as it relates to Pigeon Loans services.
Links to Other Websites
Although this Website, or other products related to Pigeon Loans, Inc (such as the official Pigeon Loans Medium Blog page) may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by Pigeon Loans, Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Pigeon Loans, Inc. All trademarks, service marks, graphics and logos used in connection with the Website or Services, are trademarks or registered trademarks of Pigeon Loans, Inc. or Pigeon Loans, Inc. licensors. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any Pigeon Loans, Inc. or third party trademarks.
You agree to indemnify and hold Pigeon Loans, Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
No Warranty of Service
You agree that such Service is provided on an "as is" and "as available" basis and that your use of our Website or Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability and Damages
To the fullest extent permitted by applicable law, in no event will Pigeon Loans, Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
Under no circumstances will Pigeon Loans, Inc. be held liable for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) resulting from tampering, hacking, or other unauthorized access to the Website, Services, your Pigeon account, or that of your lending counterpart.
To the maximum extent permitted by applicable law, the aggregate liability of Pigeon Loans, Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one hundred United States dollars ($100 USD) or any amounts actually paid in cash by you to Pigeon Loans, Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts.
Waiver of Right to Jury; Class Action Waiver
To the extent allowable by law, you hereby irrevocably waive any right to a jury trial in any proceeding arising out of or related to this Agreement. And to the extent allowable by law, you also hereby waive your right to participate as a member in a class action against Pigeon Loans.
Agreement to Non-Binding Arbitration
Any dispute relating in any way to your, or your loan counterpart’s use of Pigeon Loans, Inc. will be resolved by non-binding arbitration. The single arbitrator (the “Arbitrator”) will be administered by the American Arbitration Association (https://www.adr.org, and shall have the ability to resolve any dispute relating to the Services, or to this agreement. Any claims made of $500 USD or less may be resolved in a small claims court in Delaware. Non-binding arbitration may be disputed in a small-claims court, if the parties are unsatisfied with the resolution decided by arbitration.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
You may not assign, resell, sub-license or otherwise transfer or delegate these terms, or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Any such attempted assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, at any time.
Acceptance of these Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to firstname.lastname@example.org or write a letter to 501 W Broadway Ste. A279, San Diego, CA, 92101.