Agreements
If you want to know more about how we work with borrowers or the agreements we make with borrowers and lenders, you're in the right place. Here, you'll find information about our privacy policy, customer service guarantee, and the rules for working with our lenders. If you still have questions after reading them, please contact us.
Terms of Use
These Terms of Use shall become effective as of January 1, 2024.
This is a legal agreement between you and Lendia CO, a Delaware corporation with its contact address at 925 College Ave. Unit B2, Costa Mesa, CA 92626. By using this website, including any sub-sites (collectively referred to as the "Site"), and/or availing any Services (defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the Lendia CO Privacy Policy (together, the "Terms") for as long as you continue to use the Site or Services. If you do not agree to be bound by the Terms, please refrain from using the Site or the Services. Your use of specific Services may have additional terms, either listed in the Terms or presented to you when you sign up or make a purchase. Periodically check these Terms for changes, as we reserve the right to modify, add, or remove portions. Your continued use after changes are posted means you accept and agree to them. Refer to the beginning of the Terms to find out when they were last revised.
In these Terms, "Lendia CO" includes "Lendia CO," "we," "us," and similar terms. "Service" covers the products, services, and software you order, receive, or access as part of your use of Lendia CO's Sites.
Important
These terms specify that any disputes between you and Lendia CO must be resolved through binding arbitration. You waive the right to participate in any class action, and the law of the State of Utah applies to all interactions between you and Lendia CO. You have the option to opt out of arbitration and the class action waiver by following the procedures outlined in Section 10.G below.
2. Use of Site and Service
As a user of the Site or a registered user utilizing any of the Services (referred to as a "Registered User"), you agree to the following:
Exclusive Use
Your account is intended for your sole use and solely for your business needs. You may not authorize others to use your account, and transferring your account to any other person or entity is not allowed. You acknowledge that Lendia CO is not responsible for third-party access resulting from theft or misappropriation of your username and passwords.
Information Submitted
You are solely responsible for the information and content you provide through the Site and Services, including interactions with third parties. Any attempt to create a duplicate account with false information will be rejected, and your account will be put on hold.
Risk Assumption and Precautions
You assume all risks associated with using the Services, including interactions with third parties like lenders. Lendia CO does not guarantee matches for every user and makes no guarantees regarding the suitability of business funding.
No Guarantees
Lendia CO does not guarantee a specific number of matches or the suitability of business funding for users of the Services.
No False Information
You agree to provide accurate, true, current, and complete information. Lendia CO reserves the right to terminate access if it determines that provided information is incomplete, fraudulent, false, or inaccurate.
Legal Purpose
You agree not to use the Site or Services for any illegal purpose, complying with federal, state, and local laws.
Business Purpose
The Site and Services are to be used only for bona fide business purposes, not for personal, family, or household purposes. You may only use the Site or Services for yourself and/or your business.
3. Intellectual Property Rights
Ownership of Proprietary Information
You acknowledge and agree that Lendia CO is the owner of all rights to the Site and Services, protected by federal, state, and local laws. You are authorized to use the Site and Services only as expressly permitted by these Terms. Copying, reproducing, distributing, creating derivative works, reverse engineering, or reverse compiling any part of the Site or Services is strictly prohibited.
No Use of Confidential Information
You shall not post, copy, modify, disclose, or make commercial use of any confidential information or other copyrighted material, trademarks, or proprietary information accessible via the Site or Services without obtaining prior written consent from the owner of such proprietary rights.
License to Provided Content
By providing information or content to any account or public area of the Site or Service, you grant Lendia CO and its users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, display, and distribute such information and content. You also represent and warrant that you have the right to grant such a license. Your voluntary participation in new features or services on the Site may also entail granting similar rights in accordance with additional terms and conditions specified for such features or programs.
4. Links to Third Party Websites and Dealings with Advertisers and Sponsors
The Site and Services may feature links to third-party websites, including advertisers, not under Lendia CO's control. Lendia CO is not responsible for the content of linked sites, changes to such websites, or the content of any link within them. These links are provided for your convenience, and inclusion does not imply endorsement or acceptance of responsibility for third-party website content. Your dealings with advertisers or third parties on the Site or Services are solely between you and them. Lendia CO is not liable for any loss or damage resulting from the presence of such advertisers on the Site or Services. Refer to our Privacy Policy for information on how we use your data.
5. Disclaimer of Warranty
No Warranties
This section, applying to the maximum extent permitted by applicable law, emphasizes that Lendia CO provides the Services on an "as is" and "as available" basis, disclaiming all warranties. Lendia CO grants no express, implied, statutory, or other warranties concerning the Services or the Site, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Lendia CO does not guarantee secure, uninterrupted, always available, or error-free use of the Services, nor does it warrant that defects will be corrected. Liability is disclaimed for connectivity and availability issues of the Services.
Third-Party Content
Lendia CO distances itself from opinions, advice, statements, offers, or other information provided through the Site or Services by parties other than Lendia CO. Such content is the sole responsibility of its respective authors, and Lendia CO does not guarantee its accuracy, completeness, or usefulness. Lendia CO does not adopt, endorse, or assume responsibility for the opinions, advice, or statements of parties other than Lendia CO. Under no circumstances will Lendia CO be responsible for loss or damage resulting from reliance on information or content posted on the Site or Services by users or transmitted to or by any users.
Beta Features
Lendia CO occasionally introduces new "beta" features or tools for experimental purposes on the Site or Services. These features or tools are provided without any warranty and may be modified or discontinued at Lendia CO's sole discretion. The Disclaimer of Warranty section's provisions fully apply to such features or tools.
6. Limitation of Liability
Limitation of Liability
Ownership of Proprietary Information
You acknowledge and agree that Lendia CO is the owner of all rights to the Site and Services, protected by federal, state, and local laws. You are authorized to use the Site and Services only as expressly permitted by these Terms. Copying, reproducing, distributing, creating derivative works, reverse engineering, or reverse compiling any part of the Site or Services is strictly prohibited.
No Use of Confidential Information
You shall not post, copy, modify, disclose, or make commercial use of any confidential information or other copyrighted material, trademarks, or proprietary information accessible via the Site or Services without obtaining prior written consent from the owner of such proprietary rights.
License to Provided Content
By providing information or content to any account or public area of the Site or Service, you grant Lendia CO and its users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, display, and distribute such information and content. You also represent and warrant that you have the right to grant such a license. Your voluntary participation in new features or services on the Site may also entail granting similar rights in accordance with additional terms and conditions specified for such features or programs.
7. Indemnification
You agree to indemnify, defend, and hold harmless Lendia CO, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses, including reasonable attorneys’ fees. This indemnification is related to or arises from (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules, or regulations. Lendia CO reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to fully cooperate with Lendia CO in asserting any available defenses.
8. User Information
Privacy Policy
For details on the collection and potential use of information and materials you provide, please refer to Lendia CO’s Privacy Policy on the Site. Your use of the Site or Services implies your consent to the terms outlined in Lendia CO’s Privacy Policy.
Disclosure by Law
You acknowledge and agree that Lendia CO may disclose information you provide if required by law, at the request of a third party, or if, at Lendia CO’s sole discretion, disclosure is deemed reasonable to
(i) comply with the law, requests or orders from law enforcement, or any legal process; or
(ii) protect or defend Lendia CO’s, or a third party’s, rights or property.
Information Security
Lendia CO takes measures to protect against unauthorized access, alteration, disclosure, or destruction of information. These measures include encryption, regular review of information practices, and strict access restrictions. Personal information access is limited to Lendia CO employees, contractors, and agents with strict confidentiality obligations.
Use of Anonymous Information for Research
By using the Site and/or Services, you agree to permit Lendia CO to anonymously use information from you and your experiences to continue research into successful business practices and enhance the Services.
License Regarding Your Content
While you retain ownership of the content you provide, including personal and business information, submitting it grants Lendia CO a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute the content. This license includes the right to make such content available to trusted entities with whom Lendia CO has a business relationship to fulfill Service obligations. As part of Service performance, Lendia CO may (i) transmit or distribute your information over public networks and in various forms; and (ii) make necessary changes to your content.
You must not and will make reasonable efforts to ensure that third parties do not use the Services:
- As a money services business, money transmitter, payment intermediary, aggregator, or service bureau, or resell the Services.
- On behalf of a third party.
- In an abusive manner.
- In violation of any other agreements, including agreements with other financial services.
- To create a similar product or service.
- In violation of any law, regulation, or rule.
- To perpetuate or commit fraud.
- In any way not authorized by Lendia CO.
- For personal bank accounts.
10. Dispute Resolution by Binding Arbitration
In the interest of efficiently and economically resolving disputes between you and Lendia CO, both parties agree that, at any time, either party may choose to settle disputes through binding arbitration rather than in general jurisdiction courts ("Agreement to Arbitrate"). Arbitration is less formal than a court lawsuit, involving a neutral arbitrator instead of a judge or jury, streamlined discovery, and limited court review. Arbitrators can grant the same damages and relief as a court. Any arbitration under these Terms will be on an individual basis; class arbitrations and class actions are not allowed. You acknowledge and agree that the arbitrator may only award relief (monetary, injunctive, and declaratory) in favor of the individual party seeking relief and only to the extent necessary for that party’s claim(s). The awarded relief cannot affect other users.
You further agree that all disputes, whether heard in a court of competent jurisdiction or before an arbitrator, shall be solely on an individual basis, waiving your right to participate in a class action to resolve any dispute (as defined below) with Lendia CO.
Claims to Be Resolved by Binding Arbitration
You and Lendia CO agree to arbitrate all disputes and claims between us. This agreement is broadly interpreted and includes claims arising from the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims from before this or any prior Terms; claims currently in purported class action litigation where you are not a member of a certified class; and claims that may arise after the termination of these Terms.
Exceptions
Despite the above, you and Lendia CO agree that no statement herein waives, precludes, or otherwise limits either party’s right to
(i) pursue enforcement actions through applicable federal, state, or local agencies where available;
(ii) seek injunctive relief in any competent court of law; or
(iii) file suit in a court of law to address intellectual property infringement claims.
Arbitrator
Arbitration between you and Lendia CO will follow the Commercial Dispute Resolution Procedures ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Notice and Process
A party seeking arbitration must send a certified mail written Notice of Dispute (“Notice”) to the other party. The Notice to Lendia CO should be addressed to: Lendia CO, [Address] (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you and Lendia CO do not reach an agreement within 30 days after receiving the Notice, either party may commence an arbitration proceeding.
Fees
If you initiate arbitration in accordance with these Terms, Lendia CO will reimburse your arbitration filing fee upon request unless your claim exceeds $10,000, in which case the payment of fees will be decided by the AAA Rules. Lendia CO will submit a fee payment request by mail to the AAA along with your Demand for Arbitration, and will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator deems your claim(s) frivolous or brought for an improper purpose, you agree to reimburse Lendia CO for all fees associated with the arbitration that Lendia CO paid on your behalf.
If your claim is $10,000 or less, you may choose whether the arbitration will be based on documents submitted to the arbitrator, a non-appearance-based telephonic hearing, or an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will occur in a location agreed upon in Salt Lake County, Utah. Regardless of the arbitration method, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes on payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party within 14 days of the arbitrator’s ruling on the merits.
No Class Actions
Unless both you and Lendia CO agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.
YOU AND LENDIA CO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING:
Opt-Out
If you are a new Lendia CO user, you can reject the arbitration agreement in Section 10 (“opt-out”) by mailing a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after accepting these Terms for the first time. Mail the Opt-Out Notice to the Notice Address in Section 10(d), above. The Opt-Out Notice must contain your name, address, and the user name(s) and email address(es) associated with the Lendia CO account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This is the only way to opt out of the Agreement to Arbitrate. Opting out has no effect on any previous, other, or future arbitration agreements with Lendia CO.
Modifications
If Lendia makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Lendia CO shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
Severability and Enforceability
If an arbitrator or court decides that any part of this Section 10 is invalid or unenforceable, the other parts of this Section 10 shall still apply. If the entirety of this Section 10 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.
11. Telephone communications and agreement to be contacted
Call Recording and Monitoring
Phone calls with Lendia CO, its agents, and affiliates may be monitored and recorded, and you agree to such monitoring and recording.
Providing Contact Information
You verify the accuracy of contact information provided to Lendia CO.
Any changes to contact information must be promptly notified to Lendia CO.
Consent to Receive Automated Calls/Texts
By providing your telephone number(s), you expressly consent to receive automated calls and text messages from Lendia CO for various purposes.
This includes promotional messages and messages related to your account or transactions.
You acknowledge that these communications may occur even if your number is on a Do Not Call list.
Opt-Out Instructions
You can opt-out of automated calls and texts at any time.
To opt-out of text messages, reply STOP to any message, and for voice calls, provide written notice to privacy@lendia.com
Opting out of automated calls or texts does not affect non-automated calls.
Fees and Charges
There is no fee from Lendia CO for receiving automated calls or texts.
You may incur charges from your carrier, and it is your responsibility to check your plan and contact your carrier for details.
Unauthorized Use of Your Telephone Device
You must report any breach or unauthorized use of your telephone device to Lendia CO promptly.
Your Indemnification to Us
You indemnify Lendia CO for claims related to the provision of inaccurate contact information or voluntary provision of a non-owned telephone number
Release of Claims
In consideration of Lendia CO's services, you release Lendia CO from claims related to telephone calls or text messages, including alleged violations of applicable laws.
General
You are responsible for the equipment and services needed to receive calls and texts.
These obligations survive the termination of the Terms of Service.
Text Message Terms and Conditions
By opting in, you accept the Terms and Conditions and agree to resolve disputes through binding arbitration.
You authorize Lendia CO to send text messages to your provided number using autodialer technology.
You can cancel the SMS service at any time by texting "STOP" to the shortcode.
Help can be obtained by replying with the keyword "HELP" or contacting support@lendia.com or 800-692-1459.
Carriers are not liable for delayed or undelivered messages, and message and data rates may apply.
For privacy concerns, refer to Lendia CO's privacy policy here.
12. General Provisions
Controlling Law and Jurisdiction
By using the Site and the Services, you agree that Utah law (excluding its conflicts of law principles) will govern these Terms. Any dispute arising from or related to these Terms, the Site, or the Services will be exclusively subject to the jurisdiction and venue of the federal and state courts in Salt Lake County, Utah. You acknowledge that a violation of these Terms may result in irreparable harm to Lendia CO, and therefore, Lendia CO is entitled to seek extraordinary relief in court. This relief may include, but is not limited to, temporary restraining orders, preliminary injunctions, and permanent injunctions, without the need to post a bond or other security. This is in addition to and without prejudice to any other rights or remedies that Lendia CO may have for a breach of these Terms.
Entire Agreement
The Terms accepted upon your registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, or additional services terms form the complete agreement between you and Lendia CO regarding the use of this Service. These terms supersede any prior agreements between you and Lendia CO related to your use of this Site or Services, including any prior versions of these Terms. The FAQs found on the Services are for informational purposes only and are not considered part of these Terms. Unless explicitly stated otherwise, the Terms will remain in effect even after the termination of your registration for the Service.
Waiver and Invalidity
Lendia CO's failure to exercise or enforce any right or provision of these Terms does not waive such right or provision. If any provision of these Terms is deemed invalid, the remaining provisions will continue in full force and effect.
Time Limit for Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Site or the Terms must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.
Section Titles
The section titles in the Terms are for convenience only and do not have any legal or contractual effect.
13. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively referred to as “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, present on the Lendia CO website, is the exclusive property of Lendia CO. This Content is safeguarded by trade dress, copyright, trademark, and other property laws, as well as unfair competition laws. Any unauthorized use or misuse of the Content will be at your own risk, and Lendia CO reserves the right to take all lawful measures to enforce and protect its Content.
14. Notification of Terms of Use Changes
We reserve the right to update these Terms of Use to reflect changes in our business operations, the methods of collaboration with you, such as altering vendors, and other policies related to our Services. In the event of any material changes, we will notify you via email (sent to the email address provided in your account) or through a notice on this Site. We recommend that you regularly review this page for the most up-to-date information on our Terms of Use. Whenever modifications are made to these Terms of Use, we will update the revision date at the top of the document.
15. Term and Termination
This agreement will take effect upon your acceptance of the Terms through your use of the Site or Services and will continue indefinitely unless terminated as outlined below. Lendia CO reserves the right to terminate your account at any time, for any reason or no reason, with or without explanation, effective upon providing written notice to the other party. Additionally, Lendia retains the right to immediately suspend or terminate your access to any of the Services, without prior notice, for any reason or no reason. We also maintain the right to decline the removal of your account information or data from our Services and any other records at any time to comply with legal and regulatory requirements.
If your access to any of the Services is suspended due to a breach of these Terms, you agree that all fees previously paid to Lendia by you will be nonrefundable, and any outstanding or pending payments will become immediately due. You have the option to terminate your account by following the outlined steps in the applicable section under “Cancellations.” Sections 10 and 11 will persist even after the termination of this Agreement.
