Terms of Use

YOUR CONSENT TO THIS AGREEMENT

Please review these Terms of Use (the “Agreement”) carefully. By accessing, browsing or using the websites or any other services (collectively, the “Services”) of [LENDonate, Inc.] (“Company”) and our affiliates (“we” or “us”), you agree to be bound by these terms.

This agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes the Company’s Privacy Policy (available at: [lendonate.com/privacy]).

By using the Service, you agree to all the terms, conditions, and notices contained or referenced in this Agreement. This Agreement may be modified by the Company in its sole discretion from time to time, and such modifications shall become effective once posted by the Company on the Website. You should review the Website and these Terms of Use from time to time for any modifications. Your continued use of the Website after any change to this Agreement constitutes your agreement to be bound by any such changes. If you do not agree to the terms of this Agreement, including the Company Privacy Policy, do not use the Service.

This website is for informational purposes only and should not be considered an offer or solicitation of an offer to sell or buy any security. Such an offer, if any is made at all, can only be made by a prospectus pertaining to that particular security. This website has not been approved by any securities regulatory authority – foreign or domestic. Offers can only be made when they are lawful under applicable law.

Opinions expressed herein are those of the writer at the time of writing, not those of the Company, are subject to change without notice, and may or may not be updated. Past results are not necessarily a guide to the future performance of an investment. The value of an investment may fall as well as rise and investors may not be able to recover the amount invested.

Please contact us at [support@lendonate.com] with any questions regarding this Agreement.

ELIGIBILITY

You must be at least 18 years of age to access and use the Service. By accessing and using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions. You further represent that you have such education and experience to enable you to evaluate the risks and merits of investing in any of the securities offered, and that you can bear the economic risk of an investment for an uncertain period, and can afford the loss of your entire investment.

CREATING AN ACCOUNT

To create an account, you must sign in using your own personal email. By using such email, you verify that it is indeed your email and you authorize Company to contact you using the email.

ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your username and password, and solely responsible for all activities that occur under your username and password. You will not share your password with anyone who is not specifically authorized to act on your behalf. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you will log out from your account at the end of each session when accessing your account from a public or non-personal computer.

PROPRIETARY RIGHTS, LIMITATIONS OF USE

We own and retain all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other related intellectual property rights. You agree to not copy, modify, transmit, or create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights.

We encourage users to report any violations of these policies by other users by contacting the Company at [support@lendonate.com].

You agree to use the Content and Website only for lawful purposes. You are prohibited from any use of the Content or Website that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, locality, or any international law or treaty that could give rise to any civil or criminal liability. Any unauthorized use of the Website, including but not limited to unauthorized entry into the Company’s systems is strictly prohibited.
You agree that you will not invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without that individual’s knowledge and willing consent. You further agree that you will not impersonate or misrepresent your affiliation with any person or entity; and you will not send unsolicited email, junk mail, “spam”, chain letters, promotions, or advertisements for products or services.

CONTENT YOU POST

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display, or otherwise make available (“post”) on the Service or transmit to other users, including personal and business information, notes, comments, text messages, chat, videos, photographs, profile text, or any other content that you upload, publish, provide, or display (collectively, “Content”). You understand and agree that the Company may review any Content you post, and may delete any Content, in whole or in part, that the Company believes violates this Agreement or may harm the reputation of the Service or the Company. The Company reserves the right to investigate and take any legal action against anyone who violates this Agreement, including removing the offending communication from the Service and terminating or suspending the account of such violators.

You agree that any Content you place on the Service may be viewed by other users and any other person visiting or participating in the Service. You represent and warrant that (i) all information that you submit is accurate and truthful and that you will promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false, and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.

You agree that any attempt to contact members directly or to enter into any lending transactions with users outside of the Service shall be a violation of this Agreement.

We are entitled to monitor, review, delete, or remove any Content, without notice, in its sole discretion. However, by retaining this right, we do not undertake any responsibility for Content, and no duty to monitor or review Content.

You agree not to use any Content or other data provided by the Company for any competing purposes. You represent that you have never used any Content or data provided by the Company in the past to compete with the products and services offered by the Company.

MAKING COPYRIGHT INFRINGEMENT CLAIMS

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide the Company with the following information:

1) if applicable, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) identification of the copyrighted work that you claim has been infringed;
3) identification of the material that is claimed to be infringing or to be the subject of infringing activity
4) a description of where the allegedly infringing material is located on the Service that is reasonably sufficient to enable the Company to find the alleged infringing material (e.g. a url);
5) your address, telephone number and email address;
6) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Claims of copyright infringement should be sent to [support@lendonate.com]. The Company will terminate the accounts of repeat infringers.

THIRD-PARTY LINKS

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not liable for any content, information, statements, advertising, goods or services, or other materials on or available from third-party websites or resources. Your correspondence or business dealings with third parties, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods, services, or other materials available on or through any third-party websites or resources.

CONSENT TO DOING BUSINESS ELECTRONICALLY

Because the Company operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us and our partnership banks (“Bank”), we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099, arising from or relating to any loans you may request or receive, your registration as a borrower or lender on our Site, any loans you may fund, your use of this Service, or the servicing of your loan (if you are a borrower (each, a “Disclosure”), from us, whether we are acting in the capacity as trustee or otherwise, or Bank. An IRS Form 1099 refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an “IRS Form 1099”). The decision to do business with us and Bank electronically is yours. This document informs you of your rights concerning Disclosures.

Electronic Communications. Any Disclosures will be provided to you electronically through the Service, either on our Website or via electronic mail to the email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. If you do not consent to receive an IRS Form 1099 electronically when you agree to these Terms of Use or subsequently revoke such consent, a paper copy of any IRS Form 1099 required to be delivered to you after the effective time of your failure to consent or revocation of consent will be sent to you at no cost. However, a fee may be charged for any additional or replacement copies of such IRS Form 1099. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS 1099 Forms provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and the Company or between you and the Bank. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
Hardware and Software Requirements. Before you decide to do business electronically with the Company or a Bank, you should consider whether you have the required hardware and software capabilities described below. In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, or the equivalent software; and hardware capable of running this software.

Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post loan requests on our Site. If you have a pending loan request on our Website, we will terminate it and remove it from our system. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your home address provided during registration. If you are a lender on the Website and you withdraw your consent to receive Disclosures electronically, you may continue to contribute funds to requests on the Website. If you have already purchased one or more loans, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your home address provided during registration.

If you withdraw your consent to receive IRS Forms 1099 electronically, we will confirm your withdrawal and its effective date in writing by email. Such withdrawal will take effect for the calendar year in which it is made so long as such withdrawal is made before November 1 of such calendar year.

How to Contact Us regarding Electronic Disclosures. You can contact us via email at support@lendonate.com. You may also reach us in writing to us at the following address: 2323 Broadway, Oakland CA 94612, Attention: Compliance.
You will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to support@lendonate.com. You also agree to update your registered residence address and telephone number on the Site if they change.

You will print a copy of this Agreement for your records and You agree and acknowledge that you can access, receive, and retain all Disclosures electronically sent via email or posted on the Site.

DISCLAIMERS AND LIMITATION OF LIABILITY

You acknowledge and agree that the Company, its affiliates, and third-party partners are not liable, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any inaccurate Content in the Service, whether posted by users, or caused by any of the equipment or programming associated with the Service; (ii) the timeliness, deletion or removal, incorrect delivery, or failure to store any Content, communications, or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user communications; or (v) any problems, failure, or technical malfunction of any telephone network, computer online systems, servers or providers, computer equipment, software, email or players on the Internet or at any website, including injury or damage to users or to any other person’s computer or device related to participating in the Service or downloading materials in connection with the Internet or Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

The Company may make third-party opinions, advice, statements, offers, or other third-party information or content available through the Service. All third-party content is the responsibility of the respective authors and should not necessarily be relied upon. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT USES OR APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA, OR PROGRAMS, SERVICE INTERRUPTIONS, AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Any advice that may be posted in the Service is for informational purposes only and is not intended to substitute for any professional financial, tax, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any action by, or effect on any person following the information provided within the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

SPECIAL JURISDICTIONS

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or (b) fraudulent misrepresentation; or (c) any liability that is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

INDEMNIFICATION

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Company’s Service, and the violation of any law or the rights of a third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection with such matters.

NOTICE

The Company may provide you with notices, including those regarding changes to this Agreement, using reasonable means, including by email, regular mail, SMS, MMS, text message, or postings in the Service. You may not receive such notices if you access the Service in an unauthorized manner.

CONTROL

You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind the Company in any manner.

DISCLOSURE BY LAW

You agree that the Company may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property, or personal safety of the Company or any other person.

WAIVER

Failure by the Company to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

ARBITRATION AND GOVERNING LAW

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and the Company agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and the Company agree (a) that any arbitration will occur in San Francisco County, California; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND COMPANY WILL NOT COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST EACH OTHER. You hereby agree to personal jurisdiction by federal or state courts located in the City and County of San Francisco, California, USA, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

TERMINATION

The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause. Upon such termination or suspension, you will not be entitled to access the Website, any Content or Service. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. All terms of this Agreement survive any such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

The following provisions of this Agreement shall survive termination of your use or access to the Website: the sections concerning Indemnification, Disclaimers and Limitation of Liability, Arbitration and Governing Law, and any other provision that by its terms survives termination of your use or access to the Website.

MISCELLANEOUS

This Agreement, with the Privacy Policy and any specific guidelines separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If two or more terms in the Agreement are deemed to conflict with each other’s operation, the Company shall have the sole right to elect which provision remains in force.