PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU WISH TO USE OF THE SERVICES, YOU MUST READ THIS AGREEMENT. In order to participate in certain other services provided through the Website, you will be notified if you are required to agree to additional terms and conditions. Lendvo may modify this Agreement from time to time and such modification shall be effective upon posting by Lendvo on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.
Section 1: Eligibility
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are a U.S. resident and at least 18 years of age (19 in AL and NE); and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe, in our sole discretion, that you are less than 18 years of age (19 in AL and NE).
Section 2: Provided Services
Subject to full compliance with this Agreement, Lendvo shall provide certain services related to the input of your Lendvo user ID on various pages of the Website. The Services are provided by Lendvo AS IS and Lendvo assumes no responsibility for any failure in providing the Services to you. Lendvo may change, suspend or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. Lendvo may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Lendvo may include commercial opportunities or content in any Lendvo product, services, image or webpage
Section 3: General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including, but not limited to, copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You will not use bots to engage the Services.
Section 4: The Website
Section 5: Website Access
A. Lendvo hereby grants you permission to use the Website as set forth in this Agreement, provided that: (i) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Lendvo; and (ii) you otherwise comply with the terms and conditions of this Agreement.
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without express permission of the account holder. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Lendvo immediately of any breach of security or unauthorized use of your account. Although Lendvo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lendvo or others due to such unauthorized use.
Section 6: Fees & Payment
Some services offered on the Website may require the payment of fees, interest and other amounts (“Charged Services”). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Website in connection with such Charged Services selected by you. Lendvo reserves the right to change its prices and at any time, subject to applicable law. You authorize Lendvo directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services or Charged Services and payments made by you to Lendvo. Other amounts and the terms for payment of those amounts are described on specific pages as you progress (and from time to time thereafter).
Section 7: Intellectual Property Rights
The content on the Website (the “Content”) and the Services are subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Lendvo uses only Content that it owns or is otherwise allowed and permitted for use by the owner(s) of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lendvo reserves all rights not expressly granted in and to the Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services, other than expressly permitted herein, for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Website or any of the Services or Content therein.
Section 8: Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, LENDVO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LENDVO MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL LENDVO, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT NOT PROHIBITED BY LAW IN THE APPLICABLE JURISDICTION. LENDVO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LENDVO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LENDVO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
Section 9: Indemnity
You agree to defend, indemnify and hold harmless Lendvo, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or (iv) your violation of any other terms applicable to your use of the Services or Charged Services. This defense and indemnification obligation will survive any termination of this Agreement.
Section 10: Events Beyond Control
Under no circumstances shall Lendvo be held liable for any delay or failure in this Website or any of the Services or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Lendvo, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
Section 11: Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lendvo without restriction or limitations.
Section 12: General
You agree that (i) the Website shall be deemed solely based in Virginia, USA and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Lendvo, either specific or general, in jurisdictions other than Virginia. This Agreement shall be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and Lendvo that arises in whole or in part from the Website or the Services shall be decided exclusively by a court of competent jurisdiction located in Alexandria, Virginia. This Agreement, together with the privacy and any other legal notices and agreements published by Lendvo on the Website, shall constitute the entire agreement between you and Lendvo concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Lendvo’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND LENDVO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.