Terms of Service

Welcome to the Bond Street website. The following Terms of Service (the “ToS” or “Terms of Service”) govern your access to and use of this website, bondstreet.com (together with any user, borrower or investor accounts on the website, the “Website”).  All use of the Website and the Content (as defined in the Intellectual Property section below), including your account on the Website (your “Bond Street Account”), is subject to the ToS. 

By applying to use or using the Website, you acknowledge that you have read, understood and agree to comply with these terms, and are entering into a binding legal agreement with Bond Street.  

If you do not agree with anything contained in the ToS, please do not submit information to, access information from, or otherwise utilize the Website. 

In the ToS: Users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as “you” or “your.”    

Bond Street Marketplace, Inc., a Delaware corporation, together with its applicable subsidiaries, affiliates, assignees, successors and its and their respective officers, directors, employees and agents are referred to as “Bond Street,” “we,” “us”  or “our.”  Together, you and we may be collectively referred to as “Parties.”

Modifications to the Terms of Service and the Website:

Bond Street reserves the right to make changes to the Terms of Service at any time.  It is your responsibility to review the ToS from time to time to see if modifications have been made. Your continued use of the Website after any modification of the Terms of Service will conclusively indicate that you accept those changes.  Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.

Authorization to Obtain Credit Reports
By clicking the check box on the Bond Street loan application referring this notice and continuing with the application process, each individual serving as a guarantor ("Guarantor", "you" or "your") in connection with the applicant for credit (the "Applicant") understands and agrees that you are authorizing Bond Street Servicing, LLC ("Bond Street"), a Delaware limited liability company, or its agents, to obtain credit reports and related information about you from one or more consumer credit reporting agencies, such as Experian, Equifax, and TransUnion.

Bond Street may request your credit reports to make credit decisions on your application for commercial credit. You direct Bond Street to provide on your behalf certain elements of your application, and elements derived in whole or in part from certain elements of your application, to its affiliates and potential investors in Bond Street or its affiliates.

You authorize Bond Street to obtain your credit reports each time the Applicant requests a loan, during the processing or closing of a loan to the Applicant, or at various times during the term of the Applicant's loan in connection with the servicing, monitoring, collection or enforcement of the loan.

Credit scoring, based on personal credit data of each Guarantor, may be used in the evaluation of a credit request by the Applicant. We may report information about the account to consumer credit bureaus. Late payments, missed payments, or other defaults on the account may be reflected in the credit report of each Guarantor.

To limit Bond Street's sharing of your information, please contact us at support@bondstreet.com.

Electronic Communication
You acknowledge and agree that the communications between you and Bond Street are electronic. You consent to receive communications from Bond Street in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Bond Street will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by Bond Street to you or to any of our customers, investors or borrowers shall be to stop your use of the Website. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.

Consent to Electronic Transactions and Communications
The disclosures in this section are required by the federal Electronic Signatures in Global and National Commerce Act ("ESIGN"). They are necessary for you, as applicant for or recipient of credit ("Applicant, "you" or "your) from Bond Street Servicing, LLC ("Bond Street" or "us"), to apply for credit with us and to maintain a credit account with us (an "Account"). Electronic Delivery of Communications By checking the appropriate box on a Bond Street loan application, you consent to receive electronically from us certain disclosures, notices, communications, documents and other information (collectively, the "Communications"). The Communications that you consent to receive electronically from us include, but are not limited to, the following: All legal and regulatory disclosures related to your application for credit from us and any subsequent acceptance or rejection of that application by us; All disclosures and communications associated with your Account and disclosures or communications about any changes in the terms of your Account; Monthly or other periodic billing or account statements for your Account or such other communications that we may include from time to time; and Privacy policies and notices. In order to use the Bond Street website and to access, receive and retain the Communications you must provide at your own expense an Internet connected device with a valid email account that is compatible with the Bond Street website deployed at the time of access. Your device must meet the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to receive, access and retain the Communications electronically each time and access and use the Bond Street website. Paper Delivery of Communications You have the right to receive a paper copy of the Communications. To receive a paper copy, please request it in one of the following ways: send an e-mail message with your name and mailing address to the e-mail address at the bottom of this document, or write to Bond Street Servicing, LLC, at the address at the bottom of this document, with your name and mailing address. Be sure to state that you are requesting a copy of the Communications. Withdrawal of Electronic Acceptance of Communications You can also contact us in any of the ways described in Paragraph 2 to withdraw your consent to receive any future Communications electronically. System Requirements to Access and Retain Communications To access and retain an electronic copy of the Communications you must have the following equipment and software: A personal computer or other device which is capable of accessing the Internet. An email account with an Internet service provider and email software in order to receive certain electronic Communications sent by email. Windows 2000 or later version running either Internet Explorer version 6.0 or higher or Firefox version 3.0 or higher, or Macintosh OSX 10.2 or higher running Safari web browser. You must have software which permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader version 8.0 and above. Your email account must have the ability to receive PDF files and your device must have the ability to download and store PDF files. By checking the appropriate box on a Bond Street loan application, you acknowledge that you were able to access and save the sample PDF files at the bottom of this page. Assignment By checking the appropriate box on a Bond Street loan application, you acknowledge that your consent to electronic delivery of all Communications is assignable to any entity that owns, as assignee, all or a portion of any loan you obtain from Bond Street. Changes in Your Contact Information By checking the appropriate box on a Bond Street loan application, you agree to keep us informed of any changes in your email address so that you continue to receive all Communications. You can contact us in any of the ways described in Paragraph 2 to provide us with your updated email address. You also agree to keep us informed of any changes to your registered business address or telephone number.

Telephone Consumer Protection Act (TCPA) Consent
You expressly consent to receive calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future in accordance with the TCPA.  Your acknowledge that your cellular, mobile or other telephone provider will charge you according to the type of plan you carry.

Privacy Policy
Your privacy is very important to us.   We encourage you to read Bond Street’s Privacy Policy (located at http://bondstreet.com/privacy) (the “Privacy Policy”), which explains how we treat your personal information and protect your privacy when you are using the Website.  By using the Website, you agree that Bond Street may use your information as set forth in the Privacy Policy.  Bond Street's Privacy Policy is hereby incorporated in the ToS by reference in its entirety.

Acceptable Use of the Website; Conditions of Your Use
By using the Website you are agreeing to (a) the Terms of Service and (b) applicable laws, regulations and generally accepted online business practices. Accordingly, you understand that:
  1.      You agree that any information that you provide (about your identity, finances, relationships and business performance) is accurate, correct, and up to date.  You are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access by Bond Street or the law).
  2.    Accessing the information, resources, services, products and tools of this Website by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Website, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information and/or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to Bond Street users, borrowers, investors, lenders or employees.
  3.    Except as explicitly permitted by the ToS, you agree not (and may not allow others) to sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to Bond Street or any commercial purpose any information or any other intellectual property from or on the Website (including the Content (as defined below), any software on the Website and any products or services sold or offered by Bond Street, collectively, “Bond Street IP”).
  4.    Without Bond Street’s prior written consent, you agree not (and may not allow others) to (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any Bond Street IP or (ii) remove or alter authorship attribution or copyright notices or similar information on the Website or any products or materials embodying or containing any Bond Street IP.
  5.    You agree not to violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Website or Bond Street’s products, services or data, including overburdening, spamming, engaging in a denial or service attack or similar activities (or attempt to do any of the above).
  6.    You are solely responsible for all account activity that occurs on or under your account (whether or not expressly authorized by you), and for maintaining the confidentiality of your login details.   You and we acknowledge and agree that Bond Street shall have no liability to you or any other person for acts or omissions made or committed by any agent, representative or third-party service provider in respect of your account.
  7.    You agree that you will not transmit to Bond Street or make available on or upload any information to the Website that: a.     Is commercial or promotional in nature (without the prior written authorization of Bond Street); b.     Is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others or capable of giving rise to legal action whether against you or Bond Street or any affiliate third party; c.     Infringes any patent, trademark, trade secret, copyright, or other property rights of any party; d.     Impersonates any person or entity (including Bond Street or its employees and representatives); or e.     Contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Website or its software, data or network.
  8.    Bond Street reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Bond Street does not control any information provided by other users that may be made available on or through the Website. Notwithstanding Bond Street’s rights under the ToS, Bond Street does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.  Bond Street reserves the right to refuse service, terminate relationships, and/or cancel orders or transactions in its discretion.
  9.    By submitting information, feedback or other material to Bond Street, if any, including on or through the Website or your Bond Street Account, you: a.     acknowledge that such information is non-confidential, except for any personal financial information;  b.     grant Bond Street a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or modifications to existing products) and/or products or services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, in furtherance of the terms of the ToS and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights; and c.     agree that you will have no claim against Bond Street or any Released Party (as defined below) for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. 

Bond Street’s Intellectual Property, Copyrights and Identifying Marks
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Bond Street or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data).  Such intellectual property is protected by federal and state law and international treaties.  You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information, and that you have no intention of using such materials or information inappropriately or to in any way harm Bond Street or any of its affiliates, directors, officers or employees. 

For purposes of the ToS, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of Bond Street’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.

Subject to the terms and conditions of the ToS, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Website and the Content for personal use, for persons who seek to enter into or have entered into loans, seek to or have become lenders or any person interested in learning more about Bond Street, its products and services, until such time as the ToS terminate or expire or your right to use or access the Website is terminated in accordance with the ToS. 

You acknowledge and agree that any violation of the provisions of the ToS regarding “Bond Street’s Intellectual Property, Copyrights and Identifying Marks” and “Acceptable Use of the Website; Conditions of Your Use” above may subject you to compensatory and punitive damages, and shall specifically also entitle Bond Street to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.

DISCLAIMER OF WARRANTIES; Limitation of Liability
The Website is provided to you on an "as is" and "as available" basis. This means that we do not represent or warrant to you that:

  1. The content or Website will not have errors, omissions, misleading statements or interruptions or that the content and Website will be free of viruses, malware or other harmful components, scripts, software, code or routines.
  2. Any defects in operation or functionality of the Website or content will be repaired or corrected.

    Furthermore you understand and accept that:
  3. Bond Street expressly disclaims all express, implied and statutory warranties to you or any third party, and any warranties or conditions arising through course of dealing, as to merchantability, suitability, investability, fitness for a particular purpose or use, non-infringement of third party rights, freedom from computer viruses or the accuracy, adequacy, timeliness, completeness or sufficiency of information with respect to the website or the content.  
  4. Bond Street assumes no responsibility for any damages of any kind, including any special, consequential, indirect or punitive damages, resulting from or arising in connection with the use of the Website or the Content, or the inability to use the foregoing by any party, or in error, loss of data, or in delay of the service (including any errors or changes that may occur during the downloading or transmission of the Content or any other data from the Website), even if any of Bond Street or its representatives or affiliates has been notified of the possibility of such damages.
  5. No advice or information, whether oral or written, obtained from Bond Street or through the website or the Content will create any warranty not expressly made in these ToS.
  6. Bond Street’s total liability to you, and your sole remedy against Bond Street, arising out of or relating to your use of the Website shall not exceed the total amount you paid to Bond Street during the term of this agreement.
  7. You agree that you will not bring any claim personally against Bond Street, any affiliate or subsidiary of Bond Street or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities (collectively, the “Released Parties”) in respect of any losses, expenses or damage you suffer in connection with the Website.  Without prejudice to the above, you agree that all limitations of warranties and liability in the ToS will protect and apply to the Released Parties to the same extent as Bond Street.
  8. Nothing in the ToS shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud.  By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable.  If you do not think they are reasonable, you agree not to use the Website. 

No Solicitation or Offering; No Advice
Except as otherwise expressly noted, the Content and the Website do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities or any other financial instruments; the Content and the Website also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.

Bond Street makes no representation or warranty, express or implied, regarding the advisability of investing in securities, funds, partnership interests or other investments or funding or purchasing loans. The past performance of any investment, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance.

WITHOUT LIMITING ANYTHING IN THE TERMS OF SERVICE, BOND STREET MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO ANY FUND, ANY INVESTMENTS, SECURITIES, PARTNERSHIP INTERESTS, LOANS OR THE PERFORMANCE THEREOF.

The Content and the views expressed in the Consent do not necessarily reflect the views of Bond Street as a whole, its directors, officers, employees, shareholders or any part or member thereof or of any third party. No Content or information on the Website constitutes, or should be construed as, investment, tax, legal, financial or any other advice.

Forward-Looking Statements
Certain statements in the Website and the Content may constitute “forward-looking” statements that involve known and unknown risks, uncertainties and other factors that may cause actual returns of funds, investments, securities or loans to be materially different from any future returns or values expressed or implied by such forward-looking statements. Forward-looking statements typically include words such as “may,” “will,” “expect,” “believe,” “plan,” “expect,” “anticipate,” “intend” and other similar terminology. These statements reflect current expectations regarding future events and speak only as of the date of being posted to the Website. Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or returns, and will not necessarily be accurate indications of whether or not such returns will be achieved.  Given these uncertainties and risks, users of the Website, including any person who may or has invested in any offering made by or on behalf of Bond Street or its subsidiaries or affiliates, are cautioned not to place undue reliance on such forward-looking statements. 

A variety of factors could cause the actual results and developments of any fund, investment, security or loan to differ significantly from the results and developments forecasted and implied.  Although forward-looking statements contained in the Website, if any, are based upon what Bond Street and its advisors believe are reasonable assumptions, Bond Street cannot assure you that actual results, returns or events will be consistent with these forward-looking statements. Forward-looking statements are made as of the date of being posted to the Website, and Bond Street and its subsidiaries and affiliates assume no obligation, and expressly disclaim any obligation, to update or revise forward-looking statements contained in or incorporated by reference into the Website or the Content or any information supplemental thereto to reflect new information, future events or circumstances or otherwise.

Registration; Security and Password
To use the Website, you must complete the registration process.  You agree that the registration information you provide is accurate, complete and current.  You further agree to promptly update that information to keep it accurate, complete and current.  If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to the ToS. You acknowledge and agree that Bond Street, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.

Bond Street disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other actual or suspected breach of security.  You can do so by emailing support@bondstreet.com. 

Data transmitted via the Website may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Website.  To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Website unless your web browser software supports such encryption.  Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct.  We and you each acknowledge and agree that Bond Street shall have no liability to you for any such exploitation or criminal conduct by third parties.

Third-Party Websites and Content
The Website may contain links or connections to third party websites.  Any such link or connection is provided only as a convenience, and should be used at your own risk.  Bond Street has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Bond Street or create any liability on the part of Bond Street in respect of such link or connection.  Please be aware that your use of any such third party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.

You and we hereby acknowledge and agree that Bond Street and the Released Parties shall have no responsibility for any liabilities arising from or related to the contents of any third party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.  

Termination; Survival of Provisions
Automatic Termination for Non-Compliance:  If you are not in full compliance with all of these ToS, the permissions granted to you under these ToS will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.

Bond Street’s Right to Terminate Your Use:  Bond Street may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you.  Some circumstances in which Bond Street may exercise this right to terminate your right to use the Website include:  (a) you have breached any provision of the ToS; (b) you have engaged in conduct which Bond Street, in its sole discretion, considers to be unacceptable; (c) Bond Street is required by law to do so; or (d) Bond Street no longer provides the Website.   The above are only examples of circumstances in which Bond Street may terminate your right to use the Website and Bond Street may terminate your right to use the Website for any other reason in its sole discretion.  You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.

Voluntary Termination by You:  If you want to terminate your legal agreement with Bond Street under or consisting of these Terms of Service, you may do so by: (a) notifying Bond Street at support@bondstreet.com or using the form on our Contact Page, or (b) closing your account by following the procedures on the Bond Street website.  You acknowledge that any legal obligations you may have under any other agreement with Bond Street (including any loan agreement or agreement governing lending or investing in Bond Street or its affiliates) will not be affected in any way by the termination of the ToS and any such other agreement between you and Bond Street will continue to be in effect in accordance with its terms.

Survival of Provisions:  Your obligations and the disclaimers and provisions relating to (i) Our Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification, (iv) Use and Access Outside the United States and (v) General will survive any termination or expiration of the ToS for any reason.

Bond Street’s Remedies
Without prejudice to Bond Street’s other rights under the ToS, if you breach the ToS in any way, Bond Street may take such action as Bond Street deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you. You acknowledge and agree that if you violate the ToS, Bond Street will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.

Indemnification
You agree to indemnify and hold Bond Street and the Released Parties (as defined above) from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Website, the Content, your Bond Street Account, any breach or alleged or claimed breach of the ToS or the materials it incorporates by reference, including the Privacy Policy, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (ii) any act or omission by your agent, representative or third-party service provider while using your Bond Street Account, regardless of whether the specific use was expressly authorized by you.

Your Use and Access Outside of the United States
We make no claims that the Website or the Content are appropriate for or may be downloaded or accessed outside of the United States.  If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws of the country or jurisdiction where you may be located.  You may not use or export any content of the Website in violation of U.S. export laws and regulations or any other U.S. or foreign federal, state or local statute, rule or regulation.  The Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.  Bond Street makes no representations that the Content is appropriate for use in all locations, or that the transactions, products, loans, financial instruments or services indicated or discussed on the Website are available or appropriate for sale or use in all jurisdictions, or countries or by all investors or counterparties. 

Fair Practices
You agree not to: (i) make any representations, warranties or guarantees on Bond Street’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to Bond Street or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.

Assignment
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the ToS.  Bond Street may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the ToS without notifying you or obtaining your consent.

Choice of Law; Forum for Disputes
The ToS and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the ToS, the Website or the Content, the negotiation, interpretation, validity or performance of the ToS, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.  We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the ToS (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the ToS, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.

You and we each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts.  You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.

WAIVER OF JURY TRIAL
WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN.  EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.

Class Action Waiver
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC.  ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

General
You acknowledge and agree that all rights not otherwise expressly granted to you by the ToS are reserved to Bond Street. The ToS, together with the Privacy Policy, constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, representations and warranties, both written and oral, between you and us with respect to such subject matter.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bond Street as a result of the ToS or any use of the Website. The failure of Bond Street to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, the Parties agree that the court should give effect to the Parties' intentions as reflected in such provision, and the other provisions of the ToS shall remain in full force and effect.  The section titles in the ToS are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Bond Street, nor trade practice, shall act to modify any provision of the ToS.  For purposes of the ToS, the terms “include,” “includes,” “including,” “such as” and “for example,” shall be construed as if each term were followed by the words, “without limitation.”  Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

Questions or Comments – Our Contact Information

If there are any questions regarding our Terms of Service you may contact us using the following information:

Bond Street
515 Greenwich Street, Suite 201
New York, NY 10013
USA

support@bondstreet.com
Effective Date: 6/13/2014
Last Modified: 10/20/2015
Policy Last Updated: 6/13/2014