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Lenmo Terms of Use

 

 

These terms of use (“Terms of Use”) are provided on behalf of Lenmo, Inc. (“Lenmo”, “we”, “us”, “our”). By using the Lenmo mobile application platform (the “Service”), you agree that you have read, understand and agree to be bound by these Terms of Use. If you do not wish to be bound by these terms of use, you should not access or use the Service. In addition to these Terms of Use, you may enter into other agreements with us that will govern your use of the products and services offered on the Service. If there is any contradiction between these Terms of Use and another agreement you enter into that is applicable to a product or service offered on the Service, then the other agreement will take precedence as it applies to the product or service.

 

AGE REQUIREMENTS

This Service is intended solely for users who are 18 years of age or older, and any registration or use of the Service by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Service, you represent you are 18 or older and that you agree to and to abide by all the terms and conditions of these Terms of Use. If you violate any of these Terms of Use or violate any other agreement with us, we may terminate your registration, delete your loan listing and any content or information that you have posted on the Service and/or prohibit you from using or accessing our products and services or the Service.

 

REGISTRATIONS AND APPLICATIONS

You may be presented with the opportunity to register, apply for a loan or register to be an investor through the Service. When you register, become an investor, or apply for a loan, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with you and restrict your future use of the Service and our products and services. We reserve the right to reject any registration and/or decline any application for a loan.

 

YOUR ACCOUNT

When you successfully register with us you will be required to create an account on the Service. When you create an account, you must pick a username and a password. You may not disclose your username and password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You may be required to log in to use certain parts of the Service.

 

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Lenmo, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  Lenmo does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does Lenmo adopt nor endorse, nor is Lenmo responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Lenmo.  Lenmo takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service.  Under no circumstances will Lenmo be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users.

Though Lenmo strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable.  Lenmo reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  [E-mails sent between you and other participants that are not readily accessible to the public will be treated by us as private to the extent required by applicable law.]  Lenmo shall have the right to remove any such material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of our Service, please contact us at contactus@golenmo.com.

 

LINKS TO OTHER SERVICES AND/OR MATERIALS

As part of the Service, Lenmo may provide you with convenient links to third-party web service(s) (“Third Party Services”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to Service subscribers.  Lenmo has no control over Third Party Services and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Services or Third-Party Applications, Software or Content.  Such Third Party Services and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Lenmo, and Lenmo is not responsible for any Third Party Services accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Services or the Third Party Applications, Software or Content. The inclusion of, linking to or permitting the use or installation of any Third-Party Service or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by Lenmo.  If you decide to leave the Service and access the Third-Party Services or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any Service to which you navigate from the Service or relating to any applications you use or install from the Service.

 

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts.  Lenmo respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Lenmo has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers.  Lenmo may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Lenmo’s designated copyright agent at 1111 Broadway Suite 300, Oakland CA 94607:

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Service are covered by a single notification, a representative list of such works at that Service;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed because of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Lenmo copyright agent, Lenmo may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Lenmo’s discretion) be reinstated on the Service in 10 to 14 business days or more after receipt of the counter-notice.

 

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Lenmo a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

 

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights.  Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

 

RESTRICTIONS ON USE

You agree to abide by all applicable laws and regulations in your use of the Service. In addition, you may not do any of the following:

  1. Register for more than one account (unless the additional account is for purposes of applying for additional products or services), or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
  2. Post or otherwise make available content or take any action on the Service, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
  3. Post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type
  4. Post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
  5. Use the information or content on our Service to send unwanted messages to any other user;
  6. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  7. Post or otherwise make publicly available on the Service any personal or financial information of any third party;
  8. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  9. Use the Service or our products and services in any manner that could damage, disable, overburden or impair the Service;
  10. Harvest or collect email addresses or other contact information of our users from the Service by electronic or other means, including via the use of automated scripts; or
  11. Post or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

 

INTELLECTUAL PROPERTY

You agree that “Lenmo.com”, “Lenmo”, and all logos related to our products and services are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the web service, any content thereon, our products and services, the technology related to our products and services, and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property.

 

DWOLLA TERMS OF SERVICE DISCLOSURE

In order to use the payment functionality of Lenmo platform, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize Lenmo to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. Lenmo will provide customer support for your Dwolla account activity, and can be reached at contactus@golenmo.com  or 1 (844) 890 8900.

 

PRIVACY

Please refer to our privacy policy located at www.golenmo.com/privacy. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Service. We will not share or sell any of your information with any third party, except as specifically described in our privacy statement, which is incorporated by reference into these Terms of Use.

 

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT WWW.GOLENMO.COM/PRIVACY-POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Effective Date: July 23, 2018

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