Last updated: 4/11/2019
Agreement to Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. If we make any significant changes to these Terms, we will notify you by email or through a notice posted prominently on the Site or App. It is your responsibility to periodically review these Terms and the Site and App to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.
About the Service
Lendli provides a peer-to-peer exchange platform through which Users can interact to lend, borrow, buy, and sell various items. Users can develop a reputable profile with reviews based on previous transactions. Users can message other users within the app, browse listings, post listings, and meet with others users found through the app to either lend, rent, buy or sell various items. These terms refer to items posted by Users for sale or rent as “Marketplace Listings.”
Eligibility & User Representations
The Service is intended for users who are at least 18 years old. You must be at least 18 years old to register for an account and to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements in these Terms.
The information provided on the Service is not intended for distribution to or use by any person or company in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If you access the Service from other locations, you do so on your own initiative and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Service, you represent and warrant that: (1) you agree to comply with these Terms; (2) you are at least 18 years old; (3) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Service for any illegal or unauthorized purpose or for any purpose harmful to others; and (5) your use of the Service will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.
In order to sign up for the Service, you will create a personalized account, which includes a unique username and a password. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.
Social Media Accounts
As part of the functionality of the Service, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site or App; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
Users who wish to post Marketplace Listings are expected to display each Marketplace Listing as accurately as possible, including all information regarding the colors, features, specifications, and details of the Marketplace Listing. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Listings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual
colors and details of the products.
All Marketplace Listings are subject to availability, and we cannot guarantee that any given Marketplace Listings will be available at any given time. Reserving an item that is posted in the Marketplace Listings for rental or sale does not guarantee that the item will ultimately be available for rental or purchase, or that the lender or seller will accept the requested reservation or purchase offer. Lenders have full discretion over all Marketplace Listings they post, and over all transactions with other Users regarding the Marketplace Listings they post. We reserve the right to limit the quantities of the Marketplace Listings offered or available on the Site or App. We reserve the right to discontinue any Marketplace Listings at any time for any reason. We do not warrant that the quality of any of the Marketplace Listings.
Purchases and Payment
We facilitate transactions between Users related to the Marketplace Listings.
Payments for lending and renting Marketplace Listings are processed through Stripe and paid to the lender, subject to our payment processing policies. A User wishing to rent the item(s) offered for rent in a given Marketplace Listing must enter payment information to be processed via Stripe or sign in to his or her Stripe account. You agree to provide current, complete, and accurate transaction and account information for all rentals or purchases of the Marketplace Listing transactions made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Lendli charges a fee for all transactions processed through the Site or App, which is described below and listed at our pricing page on the Site, and may be subject to change from time to time in our sole discretion.
If you are selling one or more items offered in a Marketplace Listing, you may decide to accept another form of payment, such as cash. Users are solely responsible for all transactions that are processed outside of the Site or App.
Lendli charges a service fee equal to 8% of the total rental or purchase fee of a given Marketplace Listing. The charge is automatically deducted from the payment submitted by the renter or purchaser, and the remainder is then paid to the lender once an item is rented out. The 8% fee that we charge includes the transaction fee charged by Stripe.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We may now, or in the future, integrate with other third-party services in order to improve the Service. Any User who uses any other third-party service, program, or application in connection with the Service, may be subject to fees charged by the third party service, program, or application. We do not set or collect fees charged by any third-party service, program, or application that may be integrated or used in connection with the Service, and we shall not be responsible for any claims, expenses, or otherwise associated with fees charged by any such third party service, program, or application.
All Transactions are Final
All transactions are final and no refunds are guaranteed. We offer a dispute process to address issues with items that are damaged by renters. In order to engage in the dispute process, a lender must begin a claim through the Service within 24 hours from the time a renter returns an item that the lender claims was damaged by the renter. Users must follow the claim process and follow all corresponding instructions provided through the Service to submit information related to the dispute. We will evaluate all information and photos submitted by the lender and renter, and will evaluate each claim on a case-by-case basis. If you use the Service as a renter, you expressly understand and agree that Lendli may charge your credit card on file for damages, including but not limited to the amount of any security deposit required by the lender, if it is determined that an item you rented was clearly damaged upon return to the lender. We will take reasonable steps to notify you prior to processing any such charges. Lendli has complete and sole discretion to evaluate all such claims, and we do not guarantee any refunds or replacements related to any particular claim. If you use the Service as a Lender you expressly acknowledge and agree that Lendli will not be responsible for any items that are damaged by any person at any time.
Our Intellectual Property Rights
Unless otherwise indicated, the Service is proprietary to and owned by us, and all technology, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site or App, and all corresponding trade names, trademarks, service marks, and logos (collectively, the “Materials”) are owned or controlled by us or licensed to us. Our Materials are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. All Materials are provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site or App, and no Materials, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you under these Terms in and to the Site, App, and the Materials.
License to Use the Sevice
Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicenseable, non-transferable, and non-exclusive license to access and use this Service and the Materials for your limited and personal, access and use. Unless explicitly stated otherwise, any new features we provide that add to or enhance the current Service shall also constitute the “Service” and shall be subject to these Terms.
We reserve the right to refuse service to anyone at any time for any reason. We may, in our sole discretion, terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may also terminate this Agreement by simply discontinuing use of the Service. In the event of any termination of this Agreement, your account may be suspended and/or deleted. The limitations on your use of the Service shall survive such termination, and you agree to be bound by those terms. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
Our Rights to Monitor and Manage Service
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your account, any of your Content (as defined below), or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
You may use the Service to interact with other Users. That means you may chat, contribute to, or participate in discussions, blogs, message boards, online forums, and other interactive features, and you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including Marketplace Listings, to us, to other Users, or on the Site or App generally, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively, "Content").
Content will be viewable by other Users of the Service. As such, any Content you post or transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Content, you represent and warrant that:
1. The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of your Content, or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other Users to use your Content in any manner contemplated by the Service and these Terms.
4. Your Content is not false or misleading.
5. Your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Content does not violate any applicable law, regulation, or rule, or the privacy or publicity rights of any third party.
10. Your Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
11. Your Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Content does not otherwise violate, or link to material that violates, any provision of these Terms.
You may not access or use the Service for any purpose other than that for which we make the Service available. As a User of the Service, you agree not to:
1. Use the Service to create, publish, copy, share, or distribute any Content, whether in whole or in part, which may be libelous, defamatory, discriminatory or otherwise harmful to any third party.
2. Use the Service to create, publish, copy, share, or distribute any Content which, whether in whole or in part, may infringe upon, misappropriate, or otherwise violate the intellectual property rights or other rights of any third party, including but not limited to, trademark, copyright, and/or other privacy rights.
3. Use the Service to send unwanted Content to any other third party, or in any manner which requires legal consent from any party which you have not obtained.
4. Use the Service or any information obtained from the Service in order to harass, abuse, or harm another person.
5. Use the Service to defraud or mislead us or any other Users.
6. Use any other User’s account and/or obtain sensitive account information of other Users.
7. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
8. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited messages, or creating user accounts by automated means or under false pretenses.
9. Circumvent, bypass, disable, or otherwise interfere with security features of the Service, including features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Service and/or the Materials.
10. Copy or adapt the software or other underlying technology of the Service, in whole or in part, or engage in any automated use of the Service, such as using scripts to send comments or messages, or using any data mining and extraction tools.
11. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
12. Use the Service or Materials as part of any effort to compete with us.
13. Decipher, decompile, disassemble, reverse engineer or in any way attempt to derive the source code of, or decrypt any of the software comprising or in any way making up a part of the App, Materials, or other technology comprising the Service.
14. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App, Materials, or other technology comprising the Service.
15. Delete the copyright or other proprietary rights notice from any Materials.
16. Use any Materials, proprietary information, or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that makes automated use of the Service or interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
18. Use the Service in a manner inconsistent with any applicable laws or regulations.
Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
1. You should have firsthand experience with the User being reviewed;
2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. Your reviews should not contain references to illegal activity;
5. You should not be affiliated with competitors if posting negative reviews;
6. You should not make any conclusions as to the legality of conduct;
7. You may not post any false or misleading statements;
8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty- free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content provided by you in any area on the Site or App. You are solely responsible for your Content, and you expressly agree to hold us harmless from any and all responsibility and to refrain from any legal action against us regarding your Content.
By posting your Content to any part of the Site or App, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Content, and you warrant that moral rights have not otherwise been asserted in your Content.
We have the right, but not the obligation, in our sole and absolute discretion, (1) to monitor any Content; (2) to re-categorize any Content to place them in more appropriate locations on the Site or App; and (3) to pre-screen or delete any Content at any time and for any reason, without notice.
We respect the intellectual property rights of others. If you believe that any material or content available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the Site or App infringes your copyright, you should consider contacting an attorney first.
Copyright Complaints and Copyright Agent
All Content that you post on the Service must comply with U.S. copyright law, depending on jurisdiction. If you are a copyright owner or an agent of a copyright owner, and you believe that any Content or Materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at 5043 Strasbourg Way, Sacramento CA, 95842.
a. the date of your notification;
b. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
c. a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
d. a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
e. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
f. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
g. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third-party Websites and Content
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Service: (1) the license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary.
Modifications and Interruptions
We reserve the right to change, modify, revise, update, suspend, discontinue, or remove the Materials, Content, and any features or portions of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information or features available in connection with the Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We cannot guarantee the Service will be available at all times. We may encounter unexpected technical problems or need to conduct maintenance related to the Service, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection with the Service.
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT THIS PROVISION AFFECTS YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA Rules or applicable law, the arbitration will take place in California. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in California, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, MATERIALS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS, MARKETPLACE LISTINGS, OR ANY OTHER CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OFTHE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY MATERIALS, MARKETPLACE LISTINGS, OR OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS, MARKETPLACE LISTINGS, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; SO, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Content and/or use of the Service; (2) breach of these Terms ; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) your interaction with any other Users, whether on or off the Service; or (6) any overt harmful act by you toward any other User with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Electronic Communications, Transactions and Signatures
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be 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. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:
Our full details are:
Legal entity: Lendyt, Inc.
Email Address: email@example.com
Company Address: 5043 Strasbourg Way, Sacramento CA, 95842 Company Phone Number: 916-945-6126