Terms and Conditions
Terms and Conditions of Use
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. USING THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
Thank You. Thank you for visiting this website, which is provided by Lendmart, LLC (hereinafter “Lendmart “we”, or “us”) for your personal information.
Using this Site Constitutes Acceptance of a Legal Agreement. This Terms and Conditions of Use is a legal agreement (the “Agreement”) between you and Lendmart. The Agreement sets the terms and conditions for using the web Site (“Site”). We provide this Site to you expressly subject to this Agreement. By accessing, browsing, or using the Site in any other way, you acknowledge that you have read, understand, and agree that the terms of this Agreement bind you. You further agree to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Lendmart.
Eligibility. This Site is not directed at children under the age of eighteen (18) and Lendmart does not knowingly collect personal information from any child under the age of eighteen (18) at this Site. Your eligibility for particular products or services is subject to final determination by Lendmart. You must be 18 years of age or older (the age of legal capacity to contract, as applicable). Persons under age 18 may not participate in the offers on this website.
Use of Site. Lendmart authorizes you to view and make copies of documents, pages, images or other materials or content on this Site, for your non-commercial, personal use only. We reserve all other rights. You may not distribute, display, transmit, or disseminate any such documents, pages, images, materials, or content without the prior written consent of Lendmart.
Modification and Continued Use. Lendmart reserves the right to modify these Terms and Conditions of Use from time to time. Your use of this Site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.
Electronic Communication. When you visit www.Lendmart.net or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permitted by law.
Consumer Reports. You authorize us to obtain consumer reports about you in connection with your request for credit and at any time that you owe us money under this or any Agreement.
Copyright, Trademark and Related Issues. The trademarks, titles, characters, trade names, graphics, designs and other properties appearing on this Site are protected intellectual properties that are owned by Lendmart, it subsidiaries or affiliates, or by third parties who have authorized use of such properties on this Site. Nothing contained on this Site confers any right under any trademark, copyright or other intellectual property right, except as expressly provided on this Site.
Linking. This Site may contain links to sites maintained by third parties. Lendmart is not responsible for the content or the privacy policies of those sites. You should not consider the existence of such links as an endorsement or recommendation of those sites or of any party who is associated with those sites.
Submission of Ideas. Our policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments or concepts that are offered or communicated to us through this Site or otherwise shall be the property of Lendmart, and may be treated by us as non-confidential. Lendmart maintains the unrestricted right to use and disclose such ideas, suggestions, knowledge, expertise, comments, or concepts for any purpose without compensation or obligation to any party.
Damage to Website. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. Lendmart reserves the right to seek damages from any such person to the fullest extent permitted by law.
Improper Use. You agree not to post or transmit through this website or any “@Lendmart.net” email address, any improper material. This includes material or violating or infringing on the rights of others or solicits, encourages or promotes the use of illegal substances or activities. This includes material which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website by “hacking”, “cracking”, “spoofing”, or defacing any portions of this website.
You may not post or transmit through this website or any “@Lendmart.net” email address advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Lendmart and/or this website. You may not post or transmit through this website or any “@Lendmart.net” email address software or other materials that contain viruses, worms, time bombs, trojan horses, or other harmful or disruptive components. You may not post or transmit through this website or any “@Lendmart.net” email address political campaign materials; chain letters; mass mailings, spam mail, any robot, or spider. You may not post or transmit through this website or any “@Lendmart.net” email address any Site search/retrieval applications, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.
International Use. None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) to (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Lendmart against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
User Name, Password, and Misuse. If you are a Lendmart applicant or customer, you must select a user name and password and you agree (i) to provide Lendmart with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; (iii) comply with these Terms and Conditions of Use. Failure to provide accurate information constitutes a breach of this Agreement, which may result in immediate termination of your right to access this website. You may not select a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. Lendmart reserves the right to reject any user name in our sole discretion.
No Transfer of User Name. You agree not to sell or transfer your use of or access to this website or permit anyone else whose account was suspended or terminated to use this website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify Lendmart of any unauthorized use of your account or any other breach of security. Lendmart will not be liable for any loss you incur because someone else uses your password and account with or without your permission.
Our Right to Monitor. Lendmart has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms and Conditions of Use and any other operating rules established by Lendmart. Lendmart has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms and Conditions of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree that Lendmart does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.
Non-Waiver of Our Rights. You agree that our failure to enforce any rights under this Agreement or applicable law cannot be construed as a waiver of our rights in any way.
Global Availability. Lendmart controls this Site from its offices in California; other Lendmart sites may be administered and operated from various locations inside and outside the United States. If you use this website from other locations you are responsible for compliance with applicable local laws. Lendmart makes no representation that the products and services referenced herein are appropriate or available worldwide, and in fact, certain products and services may not be available globally. Some service offerings are not available in every state of the United States.
Termination and Suspension. This Agreement is effective until we terminate the Agreement. We may terminate this Agreement at any time without notice. We may suspend or terminate your access and use of the Site at any time, with or without cause, in our absolute discretion and without notice. This Agreement’s provisions addressing the following shall survive termination: the sections concerning Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
No Representation Regarding Jurisdictional Availability, Promotions Void Where Prohibited by Applicable Law. Lendmart makes no representation that the documents, pages, images or other materials or consent on this Site are appropriate or available for use in jurisdictions outside the U.S.A. All offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers or promotions.
Severability. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be legally invalid or unenforceable: (1) the validity and enforceability of the remainder of these Terms and Conditions of Use shall not be affected; (2) such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law; and (3) such provision shall be valid, enforceable and enforced in its modified form.
Rules of Conduct, Applicable Law, and Venue. Your use of this Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. California law governs your use of this Site, without regard to its choice of law provisions. The Los Angeles County and California State or federal courts of general jurisdiction will be the exclusive venue for litigating disputes arising out of these Terms and Conditions of Use or your use of this Site. In offering this Site and Content, we are not distributing or soliciting any person to use the Site or Content in jurisdictions where applicable law prohibits providing the Site or Content.
Cookies. Lendmart collects anonymous, non-confidential, and non-personal information when you use our Site, send us emails, or respond to special promotions or other communications that we may send to you from time to time. For example, cookies are small computer files that we transfer to your computer’s hard drive that allow us to know how often someone visits a site and the activities they conduct while on that site. Every computer is assigned a different cookie by Lendmart. The information collected by cookies helps us dynamically generate content on web pages and also allows us to statistically monitor how many people are using our Site or are opening our emails. We may use cookie information to determine the popularity of certain content or advertisements. It may be possible to link non-personal cookie information to personally identifiable information collected. You may be able to turn off cookies in your browser, but this may hinder our ability to provide you with certain services or your ability to enjoy certain features of the Site.
Browser Signals. We do not currently take actions to respond to “Do Not Track” signals from your browser because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
Promotions. Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers or promotions.
Notice of Grievance and Opportunity to Cure. Before initiating arbitration or litigation concerning any potential dispute arising from the Agreement you and we agree to mail a written notice to the other party, return receipt requested, to provide the other party an opportunity to resolve such grievance. Such notice shall include a proposed resolution. A party receiving such notice must mail a written offer return receipt requested proposing a reasonable settlement within 20 days (or such longer period as applicable law may require). If an aggrieved party ultimately initiates arbitration or litigation, and if applicable law allows, then the adjudicator shall award reasonable attorney fees, court costs, and litigation expenses to the opposing party, if the adjudicator determines the (a) aggrieved party cannot prove compliance with this paragraph or (b) opposing party timely offered a reasonable settlement.
Additional Provisions. This Agreement supersedes any previous Terms and Conditions of Use Agreement to which you and Lendmart agreed. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Limitation of Liability and Disclaimer of Warranties. Lendmart uses reasonable efforts to ensure that the information on this Site is accurate, but does not guaranty such accuracy. Lendmart makes no representations regarding the use or results of any content on this Site with respect to its accuracy, reliability or any other matter. NEITHER LENDMART NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. Without limiting the foregoing, neither Lendmart nor any other party involved in creating, producing or delivering this Site shall be liable for any damage to your computer equipment or other property, or for any viruses that may infect your computer equipment or other property.
Everything on this Site is provided “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Because some jurisdictions may not allow the exclusion of implied warranties or certain types of damages, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Effective as of February 8, 2016.