These terms and conditions of use (as may be amended from time to time), together with any documents expressly incorporated herein by reference (collectively, these “Terms”), are entered into by and between you (“Users” or “you”) and Lendify Financial LLC (“Lendify” or “we”). These Terms govern your access and use of the Site, including any content, functionality and services offered on or through the Site.
The www.mylendify.com website (the "Site") is comprised of various web pages operated by Lendify. Lendify works with existing businesses and their associated brands to offer Lendify loans to their customers and subsequently service those loans. In these myLendify.com Terms, the term “Marketer” refers to each business working with Lendify. The branding and trademarks of Marketers may appear on this Site, but it does not mean that you are interacting with or doing business with the Marketer. This Site is entirely owned and operated by Lendify and any business you do on this Site is solely between you and Lendify.
The Site is an online credit services website. The Site may be used only for the following purposes: obtaining information about a credit product; obtaining and submitting applications for a credit product; and if available, reviewing the status of your credit product account (“account”) online and obtaining online customer service assistance regarding your account.
Acceptance of the Terms
Please read these Terms carefully, and keep a copy of them for your reference.
These Terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Lendify or a Marketer, including the credit agreement for a credit product.
Visiting the Site or sending emails to Lendify constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Lendify provides to you electronically, including via email and on the Site, satisfy any legal requirement that such communications be in writing.
Accessing the Site and Account Security
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password and other security information (“security information”) to open an account, you are responsible for maintaining the confidentiality of such security information and your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or security information. You acknowledge that your account is personal to you. You agree not to provide any other person with access to this Site using your security information, and you may not assign or otherwise transfer your account to any other person. You acknowledge that Lendify is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to notify Lendify immediately of any unauthorized access to or use of your security information or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your security information or other personal information.
Lendify and its associates reserve the right to withdraw or amend the Site, refuse or cancel service, terminate accounts, or remove or edit any Protected Content (as defined below) in their sole discretion without notice. Lendify has the right to disable any username or password, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason, including if, in its opinion, you are in breach of any provision of these Terms. Lendify will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Lendify may restrict access to some parts of the Site, or the entire Site.
You must be at least 18 years of age to use this Site. Lendify does not knowingly collect, either online or offline, personal information from persons under the age of 18.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites and resources provided by third parties ("Linked Sites"). The Linked Sites are not under the control of Lendify. Lendify is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site, or for any loss or damage that may arise from your use of a Linked Site. Lendify is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lendify of the Linked Site or any association with its operators. If you decide to access any Linked Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Site.
Certain services made available via the Site are delivered by third parties. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Lendify may share such information and data with any third party with whom Lendify has a contractual relationship to provide the requested product, service or functionality on behalf of Users.
The Site and its entire contents, features, and functionalities, including, but not limited to, all information, materials, text, graphics, logos, images, video, audio, design, as well as the compilation thereof, and any software used on the Site (collectively “Protected Content”), are the property of Lendify or its licensors or other providers of such Protected Content and are protected by copyright and other intellectual property and proprietary rights laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained therein and will not make any changes thereto.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may use the Site for your personal, non-commercial use only.
You will not modify, reproduce, distribute, publish, download, store, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found on the Site, except as follows:
- Your computer may temporarily store copies of Protected Content in RAM incidental to your accessing and viewing such Protected Content.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download Protected Content where such feature is intentionally made available or provided for through the Site and for your personal, non-commercial use.
Protected Content is not for resale. Your access to the Site does not entitle you to make any unauthorized use of any Protected Content, and in particular you will not delete or alter any copyright or other proprietary rights or attribution notices from or in any Protected Content. You will use the Protected Content solely for your personal, non-commercial use, and will make no other use of the Protected Content without the express written permission of Lendify and (if different) the owner of such Protected Content.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at Lendify’s option, return or destroy any copies of the Protected Content you have. Except as expressly authorized by these Terms, no license (express or implied), right, title or interest in or to the Site or any Protected Content is granted or transferred to you, and all rights not expressly granted are reserved by Lendify. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright and other intellectual property and proprietary rights laws.
Lendify’s name, logos, product and service names, designs and slogans are trademarks of Lendify or its affiliates or licensors. You must not use such marks without the prior written permission of Lendify. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
You may not obtain or attempt to obtain any Protected Content through any means not intentionally made available or provided for through the Site.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation (“Applicable Law”).
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Lendify or other Users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person's use of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any Protected Content.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Obtain or attempt to obtain any Protected Content through any means not intentionally made available or provided for through the Site.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
The Site is controlled, operated and administered by Lendify from its offices within the United States. Lendify provides this Site for use only by persons in the United States. Lendify makes no claims that the Site or any Protected Content is accessible or appropriate outside the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with all Applicable Law, including local laws and regulations. You agree that you will not use the Protected Content accessed through the Site in any country or in any manner prohibited by any Applicable Law.
You agree to indemnify, defend and hold harmless Lendify, its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, service providers, suppliers, successors and assigns, from and against any claims, judgments, awards, damages, losses, costs, liabilities, costs and expenses (including reasonable attorneys' fees) relating to or arising out your use of (or inability to use) the Site or your breach of these Terms, including, but not limited to, your use of Protected Content, services and products other than as expressly authorized herein, your violation of any rights of a third party, or your violation of any Applicable Law.
Lendify reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lendify in asserting any available defenses.
DISCLAIMER OF WARRANTIES
THE SITE, ITS CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LENDIFY AND/OR ANYONE ASSOCIATED WITH LENDIFY MAY MAKE IMPROVEMENTS IN AND/OR CHANGES TO THE SITE AT ANY TIME. THEREFORE, THE SITE, ITS CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY BE OUT-OF-DATE AT ANY GIVEN TIME.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LENDIFY NOR ANYONE ASSOCIATED WITH LENDIFY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, SUITABILITY, RELIABILITY, TIMELINESS, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, ITS CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER LENDIFY NOR ANYONE ASSOCIATED WITH LENDIFY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, ITS CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LENDIFY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL LENDIFY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, OR THE PERFORMANCE OF, THE SITE, ANY LINKED SITE, OR ANY CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT LENDIFY OR ANYONE ASSOCIATED WITH LENDIFY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Lendify reserves the right, in its sole discretion, to terminate your access to the Site, any Protected Content, or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Changes to Terms
Lendify may revise and update these Terms from time to time in its sole discretion. The most current version of the Terms will supersede all previous versions. All changes are effective immediately when Lendify posts them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. Lendify encourages you to periodically review the Terms to stay informed of any updates, as they are binding on you.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, the Site or these Terms will be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The Terms constitute the sole and entire agreement between you and Lendify with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between you and Lendify with respect to the Site.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lendify as a result of these Terms or your use of the Site.
No waiver by Lendify of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lendify to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Lendify's performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Lendify's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lendify with respect to such use.
Lendify welcomes your questions or comments regarding the Terms:
Lendify Financial LLC
333 Bush Street, 17th Floor
San Francisco, California 94104
Effective as of February 01, 2017