All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on Site(s) are owned by Lendza and are protected by copyright, trademark, and/or other property laws and unfair competition laws.
You hereby acknowledge and agree that Lendza is the owner of all rights in and to the Site(s) and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site(s) or Services or technology. Further, You may not post, copy, modify, transmit, disclose, show in public, make commercial use of, or reproduce in any way any confidential information, copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
By providing information or content to our Site, You automatically grant, and You represent and warrant that You have the right to grant, to Lendza an irrevocable, perpetual, non-exclusive, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which You may choose to participate, in accordance with the additional terms and conditions of such features or programs. Your voluntary participation and/or use of such features or programs, You grant us the rights in connection with additional terms and conditions, if any, of such additional services.
As a User of our Site(s) and/or any of the Services we provide, You agree to the following:
You agree to not use the Site or Services for any illegal purpose, and will only use the Site or Service in accordance with federal, state and local laws. You agree to only use the Site(s) or Services we provide for business purposes for your business, and not for personal, familial, or household purposes.
You agree that your account is only used by You and only for Your business needs. You acknowledge that Lendza is not responsible for third-party access to Your account that results from theft or misappropriation of Your user name and passwords. Any attempt to enter information to create a duplicate account will be rejected and Your account will be put on hold.
You agree to only provide truthful and accurate information to our Site(s) and to use our Services. You agree that You are solely responsible for, and assume all liability regarding the information and content you provide through Your use of our Site and Services and You are solely responsible for Your interaction with any and all third-parties. You agree to assume all risk when using our Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any providers to which You are paired, referred or provided.
You agree that we may contact You, including communication through electronic mail, telephone or by Short Message Service (SMS).
You agree that Lendza may not be able to pair You with a funding source. We make no guarantees about our ability to obtain business funding for our Users.
You as the User shall retain ownership interest in the content You provide to our Site. By submitting your content, including Your personal and business information to our Site, however, You grant Lendza an irrevocable, perpetual, non-exclusive license to transfer, distribute, translate, reproduce, adapt and/or edit any of Your submitted content. More specifically, this includes the right for Lendza to make such content available to third-party companies, organizations, and/or individuals with whom we has a business relationship in order to perform the Services You have requested, and may transmit or distribute Your information over various public networks and in various forms in order to perform the Services.
Lendza connects Users with funding providers through our free pairing service to ultimately assist You with Your business needs. When You complete our funding request form, Your information is routed through our proprietary system in our efforts to pair You with various potential lenders who may be able to assist You with Your business needs. In order to perform our “Services,” we request certain information from You about yourself and Your business in order to find you a finance provider. However, we do not guarantee that You will be paired with a funding provider who will in fact provide You with an offer for funding. No part of our Service to the User involves any funding-making decisions. You acknowledge and agree that Lendza has no role in a funding provider’s decision to provide You or not provide You with an offer for funding. The decision whether to provide You with a funding offer or not is made wholly by the funding provider and not by Lendza.
The Site and Services may contain links to third-party websites, including without limitation, advertisers. Lendza is not responsible for the content of any linked site or any link within a linked site. Lendza provides these links to You as a convenience, however, the presence of the link on our Site does not suggest that Lendza endorses or accepts any responsibility for the content on such third-party website. Any communications between You or Your business and any third-party or advertiser found on or through our Site are solely between You and the third party or advertiser.
Lendza is not liable for loss or damage of any sort resulting from the presence of the advertisers on the Site.
THIS SECTION APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY APPLICABLE LAW. LENDZA PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE, ALL INFORMATION CONTAINED THEREIN, AND THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. THE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT LIES WITH YOU AS THE USER. WE DO NOT WARRANT THAT YOUR USE OF OUR SITE(S) OR SERVICES WILL BE SECURE, UNINTERRUPTED, AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. LENDZA DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE AND SERVICES.
LENDZA DOES NOT GUARANTEE THE CORRECTNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON OUR SITE(S) OR BY OUR SERVICES, NOR DOES Lendza ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE CORRECTNESS OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ITSELF. UNDER NO CIRCUMSTANCES WILL Lendza BE LIABLE FOR LOSS OR DAMAGE INCURRED FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OUR SITE(S) OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
IN NO EVENT WILL LENDZA, ITS SUBSIDIARIES, OR PARTNERS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM, OUT OF, OR RELATING TO THE USER’S USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Lendza KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. UNDER NO CIRCUMSTANCES WILL Lendza’S AGGREGATE LIABILITY, IN ANY ACTION WHATSOEVER IN CONNECTION WITH THE USE OF OUR SITE(S) OR SERVICES, EXCEED THE PRICE PAID BY YOU, THE USER, FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID Lendza FOR THE USE OF ANY SERVICES, THE AMOUNT OF $40.00 USD.
TO THE MAXIMUM EXTENT AS PERMITTED BY LAW, IN NO EVENT WILL Lendza BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH THE SITE OR THE USE OF THE SERVICES.
You agree to release, indemnify, defend and hold harmless Lendza and its officers, directors, employees, agents and third parties, from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or in any way related to: (a) Your access, use of, or inability to use the Site(s) or Services; (b) Your breach or violation of any part of these Terms or Your violation of any rights of a third-party; (c) Your interaction with any funding provider or lender; (d) Your violation of any applicable laws, rules or regulations; or (e) Your failure to provide and/or maintain true, up-to-date and complete User or account information. Lendza 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 case You will fully cooperate with Lendza in asserting any available defenses.
You understand and agree that You are entering into this Agreement electronically and that certain communications may be provided by Lendza to You through an electronic means, including by not limited to email, through the Service by displaying links to notices on the Site, or to Your mobile device. Lendza may use Your email address to send You messages notifying You of important changes to the Services or special offers or promotions. Further, we may contact You by telephone if You voluntarily provide us with Your telephone number, in order to communicate with You regarding the Services we provide or special offers or promotions. As part of Your consent to receive communications electronically, You also agree to receive SMS communications to the mobile phone number provided by You, either by Lendza or its affiliates.
You have the right to request communications from Lendza in paper format at any time by contacting us at Support@Lendza.com. If You no longer wish to receive email messages, SMS messages, or telephone calls from Lendza, You may withdraw Your consent by contacting us at email@example.com .
This Agreement shall commence and take effect on the date You first access or use Lendza’s Site(s) or Services, and will remain in effect in perpetuity unless terminated hereunder. Either You or Lendza may terminate Your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. To terminate Your account, please notify Lendza by emailing Support@Lendza.com.
We reserve the right to immediately suspend or terminate Your access to the Services, without notice, for any reason or no reason. We also reserve the right to remove Your account information or data from our Services and any other records at any time at our sole discretion.
Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party. Notwithstanding the foregoing, Lendza may assign this Agreement or any rights hereunder without consent to an entity that acquires substantially all of the business. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties the prior written consent of the other Party shall be null and void.
The headings in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.
You agree that California law (without giving effect to its conflicts of law principles) will govern these Terms, the Site(s) and the Services and that any dispute arising out of or relating to these Terms, the Site(s) or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in California. You acknowledge and agree that any violation of these Terms may cause Lendza irreparable harm, and therefore agree that Lendza will be entitled to seek extraordinary relief in court, including, but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
If any provision or portion of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected and shall be enforceable and binding upon the Parties, as though said invalid or unenforceable provision or portion were not contained in this Agreement.