lenditapp: Terms of Service (Version 2015-10-05)
The end user agreement agreed upon by the user when registering and using the lenditapp.com web service. This document is posted online and here for your reference.
1. About this agreement
The following terms and conditions governs the User’s registration, access and use of the LENDITAPP online services provided by LENDITAPP under this Agreement; such as but not limited to software, LENDITAPP e-mail, SMS and MMS text messaging, web publishing, up- and downloading of files etc. (“Services”). This user license is granted to the User through either an authorized distributor of the Service (“Supplier”) or directly through LENDITAPP, as is provided for herein.
The User accepts the terms of this Agreement by:
- (a) signing this Agreement and/or clicking to sign-up for the service User accepts the End User License Agreement; or
- (b) by actually using the Service. In this case the User understands and agrees that LENDITAPP will treat User’s use of the Service as acceptance of the terms from that point onwards; or
- (c) if the User does not agree, the User may not use the Services
a. Grant of License
LENDITAPP grants User a non-exclusive, non-transferable license to use the Service solely for its own purposes during the Term. User shall not allow any third party, to delete or permit to be deleted any identifying marks, copyright or proprietary right notices of LENDITAPP in the Service. User shall not directly or indirectly (i) modify or create any derivative works of the Service; (ii) translate, decompile, nor create nor attempt to create, by reverse engineering, the source code from the object code supplied hereunder, or adapt the Service in any way, other than to such extent this is permitted under mandatory law; (iii) redistribute, encumber, sell, rent, lease, sublease or otherwise transfer or provide access to any third party to any part of the Service except as expressly granted herein or otherwise separately agreed to in writing. Provision of access to the Service by the User or through User’s Account shall be subject to all the terms of this Agreement and shall be the responsibility of the User. Any violation of this Agreement through the use of Service shall be the responsibility of the User. Should the User grant access to the Account or to the Service to any third party, the User remains responsible for that the Service is used accordingly to this Agreement. All rights not expressly granted by LENDITAPP to User are retained.
b. Proprietary Rights
This Agreement grants User no title or rights of ownership to the Service. LENDITAPP retains title in and to the Service and any compilations and/or derivative rights thereof, including, without limitation, all additions and/or supplements thereof, therefore and all rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights inherent therein and/or appurtenant thereto. User shall not, by virtue of this Agreement or otherwise, acquire any proprietary rights whatsoever in the Service hereunder, and User acknowledges that the Service is the confidential information of LENDITAPP and the sole and exclusive property of LENDITAPP. Any right not expressly granted to User by this Agreement is hereby expressly reserved by LENDITAPP. In the event that any changes, modifications, additions and/or alterations (collectively “Changes”) are made to the Service, User agrees that such Changes shall be the sole property of LENDITAPP, unless LENDITAPP shall have given its prior written consent to the contrary. User assigns all right, title, and interest to such Changes, to LENDITAPP and agrees to execute and deliver to LENDITAPP all additional papers and generally do all other and further lawful acts reasonably deemed necessary by LENDITAPP to perfect or otherwise register LENDITAPP’s interest therein.
3. Service Provisions
a. Use of Account
b. User Responsibilities
When using the Service the User may process Electronic Financing Applications (“EFA(s)”), upload supporting documents or other material (“Data”). LENDITAPP may access User’s Account and User Data to process applications, to respond to service or technical problems or as otherwise stated in this Agreement. User, not LENDITAPP, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and LENDITAPP shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. LENDITAPP has no obligation to monitor the Service or any User's use thereof or retain the content of any user session. However, LENDITAPP shall have the right to at all times monitor, review, retain and/or disclose any information or files necessary, or to grant access to the Data to government agencies, in order to satisfy any applicable law, regulation, legal process, governmental request or this user Agreement. The User agrees to indemnify, and hold LENDITAPP harmless from and against any and all losses arising out of third party claims resulting directly from the material breach by the User of this Agreement or law.
User is solely responsible for any and all activities that occur under the Account. For security reasons, User should exit or log-off from the Account at the end of each session of use. User is responsible for maintaining the confidentiality of any password(s) and/or PIN(s) User is given or has created to access the Service, and is fully responsible for all activities that occur under User’s password(s) and/or PIN(s). User agrees to notify LENDITAPP immediately of any unauthorized use of User’s password(s) and/or PIN(s) or other breach of security that is known or suspected by User. LENDITAPP shall not be responsible for any unauthorized access to, or alteration of, User’s transmission of Data, any Data sent or received, regardless of whether the Data is actually received by LENDITAPP or results from User’s failure to abide by this Agreement.
c. ComplianceUser agrees not to use the Service to:
- (a) use information from the Service in connection with the unauthorized sending of unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses and other personal information, without their consent;
- (c) transmit through or post on the Service unlawful, sexual or otherwise harassing, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which may be harmful to minors in any way;
- (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as, for example Trojan horses, worms, time bombs, cancel bots, etc.;
- (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks;
- (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- (h) harass or interfere with another user's use and enjoyment of the Service; or
- (g) operate or promote any business which competes with the Services or any service bureau type business under which it would resell similar services. In addition, User agrees to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service.
4. Term and termination of the Agreement
The term of a LENDITAPP License begins when the User signs this Agreement and/or starts to use the Services and will be terminated at the request of the user either by sending an e-mail to firstname.lastname@example.org or by sending a certified letter to LENDITAPP’s place of business within thirty (30) business days prior to intention of termination. User will be liable for payment of all agreed upon financial arrangements between LENDITAPP and User through termination date.
b. Termination of the Agreement
LENDITAPP may terminate this Agreement at any time with or without notice. In either case, upon termination of an Account, User’s right to use such Account and the Service immediately ceases. LENDITAPP shall after termination of the Agreement have no obligation to maintain any Data stored in the Account or to forward any Data to User or any third party except that which is required to be retained by law. LENDITAPP abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data.
If User commits a material breach to this Agreement and does not remedy such breach within reasonable amount of time after receiving LENDITAPP’s notice thereof, LENDITAPP may suspend or terminate the Account or suspend User’s use of the Service. [Should LENDITAPP suspend or terminate a User’s account or use of the Service and/or remove and discard any Data, LENDITAPP will notify the User through e-mail to the e-mail address provided by the User upon registration.] User’s breach of any of the provisions set out in section [3c] of this Agreement shall always be considered to be material and LENDITAPP should be entitled to suspend the User’s use of the Services with immediate effect. Upon termination due to the User’s material breach of the Agreement LENDITAPP may also remove and discard any Data within the Service except that which is required to be retained by law. LENDITAPP abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data.
If the Service has been terminated or suspended do to a material breach of this Agreement the User may not be able to collect Data/files stored in the Service. The User acknowledges that a material breach of this Agreement adversely affecting LENDITAPP’s proprietary rights in the Service would cause irreparable injury to LENDITAPP for which monetary damages would not be an adequate remedy and that LENDITAPP shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law.
c. Changing the Service of the terms of this Agreement
LENDITAPP has the right to assign this Agreement and/or the right to receive payment under this Agreement. LENDITAPP may, for any reason, change the Service or the terms of this Agreement.
Amendments or additions to this Agreement shall enter into force thirty (30) days after LENDITAPP has posted the amended Terms of Service on its website at lenditapp.com. LENDITAPP, however, reserves the right to immediately make any such amendments which are required by law, statute or decision from a competent authority. If the User does not approve an amendment or addition to the Agreement or Service the User may terminate the Agreement either via, e-mail at email@example.com or certified letter to LENDITAPP’s place of business within thirty (30) business days prior to intention of termination. User will be liable for payment of all agreed upon financial arrangements between LENDITAPP and User through termination date.. If the User does not terminate the Agreement the User will be deemed to have approved the new terms.
EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, LENDITAPP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICES. LENDITAPP SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE EXCEPT FOR GROSS NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO CASE SHALL LENDITAPP’S LIABILITY FOR ANY CAUSE OF ACTION WHICH MAY ARISE UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER HEREUNDER FOR THE SERVICE. USER UNDERSTANDS AND AGREES THAT THE REMEDIES, EXCLUSIONS AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NON- CONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AND/OR OTHER APPLICABLE LAWS. THE LICENSE HEREIN REFLECTS, AND IS SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.
LENDITAPP is not responsible for any delay or loss due to any circumstance outside the control of LENDITAPP and that materially and negatively affect the fulfilment of the obligation in question or that causes the fulfilment of the obligation to be overly economically onerous. LENDITAPP will use its best endeavors to make sure that the Service is available around the clock, all days of the year. LENDITAPP, however, reserve the right to at any time, with or without prior notice, suspend access to Service for maintenance, error corrections, for security reasons and for upgrades of the hardware or software or to suspend service for any reason whatsoever.
6. Liability for LENDITAPP Services
LENDITAPP, AND LENDITAPP’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LENDITAPP, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT WAS PAID TO LENDITAPP TO USE THE SERVICES (OR, IF LENDITAPP CHOOSES, TO SUPPLYING THE SERVICES AGAIN).
IN ALL CASES, LENDITAPP, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE SERVICES.
The failure of LENDITAPP to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement states the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges all previous proposals of sale, communications, representations, understandings and agreements, whether oral or written, between the parties with respect to the subject matter hereof. User may not, without the prior written consent of LENDITAPP, assign User’s rights, duties or obligations under this Agreement to any third person or entity, in whole or in part.
Suppliers, Agents and Resellers of the Services may be required to enter into and agree to a separate set of Terms of Services. Such agreed upon separate Terms of Services shall supersede this Agreement but shall only cover their specific use of the Services and not the use of any User as defined therein.
Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the State of New York and the place and are subject to the exclusive jurisdiction of the New York Supreme Court. Should you have any questions concerning this Agreement, or if you desire to contact LENDITAPP for any reason, please contact: firstname.lastname@example.org.
New York, October 5, 2015