1. USE OF SITES
Lendini reserves the right, at its sole discretion, to restrict in whole or in part, your access to, and use of, the Sites, Services, and Site content at any time, with or without notice, and for any or no reason.
2. PROHIBITIONS ON USE
You agree that you will not violate any law, contract, intellectual property, or other third party right, and that you are solely responsible for your conduct, while accessing or using the Sites or using the Services. As noted above, the Sites and Services may only be used for lawful purposes and in accordance with this Agreement. Additionally, you specifically agree that you will not:
• Provide false or misleading information to Lendini, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
• Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Site;
• Use the Site in any matter that could threaten, bypass, or destroy any security mechanism used with or incorporated in the Site;
• Post or otherwise transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
• Use or attempt to use another user’s account without authorization from such user and Lendini;
• Post or otherwise transmit inaccurate, misleading, deceptive, offensive, lewd, hateful, defamatory, libelous, abusive, illegal, discriminatory, or otherwise inappropriate or objectionable content;
• Post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service; and
• Post or otherwise transmit any content, data, or material that infringes on the intellectual property rights or other personal rights (including privacy) of any third parties.
3. ACCOUNT SECURITY
4. OWNERSHIP, COPYRIGHTS, TRADEMARKS, LICENSES
Except for User Content (as defined below), any and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on behalf of Lendini on any Site (collectively, “Site Content”) is the sole and exclusive property of Lendini or our licensors, as applicable. The Sites, Site Content, and the selection and arrangement thereof, are protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved, and users shall abide by those laws. Lendini reserves all rights not expressly granted in and to the Sites, Services, and the Site Content. Unless otherwise noted, the Lendini trademark, the Lendini name, Lendini abbreviation and all other Lendini service marks, trade names, logos or other designations of source displayed on the Sites are the property of Lendini, and may not be copied, imitated, or used, in whole or in part, without Lendini’s prior written permission. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners, and may not be copied, imitated, or used, in whole or in part, without the permission of the lawful trademark holder. By furnishing Site Content, Lendini does not grant any licenses to, or transfer any title rights for, any copyrights, patents, or any other intellectual property rights. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Unless otherwise expressly stated herein, no part of the Site, including any Site Content, may be reproduced, modified, electronically transmitted, or otherwise copied or exploited for any purpose whatsoever without the express written permission of the intellectual property owner.
5. USER CONTENT
6. THIRD-PARTY CONTENT
7. TELEPHONE COMMUNICATIONS
By your use of the Sites, such as, without limitation, through a submission of a request for commercial revenue-based financing, you expressly consent to receiving servicing, collection, marketing, and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, our marketing partners, our trusted third-party providers, referral provides, and marketplace participants, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. You understand that you are not required to provide consent to telemarketing calls as a condition of receiving any financing or services from Lendini. Please note that you are not required to consent to be called for marketing or promotional purposes in order to qualify for revenue-based financing or obtain any other products or services from Lendini. If you do not agree to be called for marketing or promotional purposes, please call 844.700.5363 or email customerservice@Lendini.com. In your request, please specify whether you would like to stop receiving SMS messages (including text messages), telephone calls, or both, and the telephone number(s) for which you are making the request. You also consent to the recording and monitoring, for quality assurance, training, risk management, collection, or other purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
THE SITES (INCLUDING SITE CONTENT, USER CONTENT, SERVICES, AND WEBSITES LINKED TO THE SITE) ARE MADE AVAILABLE “AS IS,” “AT YOUR OWN RISK,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITES ARE UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THEM FOR ANY DECISION OR TO TAKE ANY ACTION. LENDINI DOES NOT WARRANT THAT THE SITES WILL MEET THE USER’S REQUIREMENTS AND/OR ARE FREE OF INTERRUPTION OR ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, BUGS, OR OTHER MALICIOUS TECHNOLOGY.
9. LIMITATION OF LIABILITY
11. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT (a) MAY REQUIRE YOU TO ARBITRATE DISPUTES WITH LENDINI; (b) PRECLUDES YOU FROM HAVING A JURY TRIAL; AND (c) REQUIRES THAT ANY DISPUTES BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
THIS ARBITRATION PROVISION SHALL APPLY TO ALL DISPUTES WITH LENDINI. YOU HEREBY AGREE TO RESOLVE ANY DISPUTE(S) THROUGH PRIVATE ARBITRATION.
ARBITRATION IS A PROCESS UNDER WHICH A PERSON WITH A DISPUTE: (A) WAIVES THEIR RIGHTS TO FILE A LAWSUIT AND HAVE A JURY DECIDE THAT DISPUTE; AND (B) AGREES INSTEAD TO SUBMIT SUCH DISPUTE TO A NEUTRAL THIRD PERSON (AN “ARBITRATOR”) FOR FINAL BINDING RESOLUTION. EACH PARTY TO ARBITRATION HS AN OPPORTUNITY TO SUBMIT INFORMATION SUPPORTING THEIR CLAIMS AND DEFENSES TO THE ARBITRATOR.
SUCH PRE-ARBITRATION DISCOVERY IS MORE LIMITED THAT WHAT APPLIES INA COURT TRIAL AND THE ARBITRATION ITSELF IS PRIVATE AND LESS FORMAL THAN A COURT TRIAL. YOU AGREE THAT ANY ARBITRATION ARISING OUT OF THIS PROVISION SHALL BE SUBJECT TO EXPEDITED ARBITRATION PROCEDURES, WHEN AVAILABLE. THE APPLICATION OF EXPEDITED ARBITRATION PROCEDURES SHOULD RESULT IN A FASTER FINAL DECISION. IN ORDER TO FACILITATE SUCH PROMPTNESS, THE SCOPE AND DURATION OF PRE-ARBITRATION DISCOVERY AND THE TIME ALLOWED FOR RESPONDING TO INFORMATION REQUESTS WILL BE MORE LIMITED THAN WHAT WOULD APPLY IN A NON-EXPEDITED ARBITRATION. AT THE CONCLUSION OF THE ARBITRATION, THE ARBITRATOR WILL ISSUE A FINAL AND BINDING DECISION THAT CAN BE ENFORCED IN THE SAME MANNER, AND TO THE SAME EXTENT, AS A COURT JUDGMENT AND IS UNLIKELY TO BE OVERTURNED OR REJECTED BY ANY COURT.
THE FOLLOWING DEFINITIONS APPLY TO THIS ARBITRATION PROVISION “ADMINISTRATOR” MEANS THE ARBITRATORS LISTED BELOW. “DISPUTE” AND “DISPUTES” ARE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE, WITHOUT LIMITATION: (a) ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE USE OF THIS SITE, THE VALIDITY AND SCOPE OF THE ARBITRATION PROVISION AND ANY CLAIM OR ATTEMPT TO SET ASIDE THIS ARBITRATION PROVISION; (b) ALL FEDERAL OR STATE CLAIMS, DISPUTES, OR CONTROVERSIES, ARISING FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE USE OF THIS SITE; (c) ALL COUNTERCLAIMS, CROSSCLAIMS AND THIRD-PARTY CLAIMS; (d) ALL COMMON LAW CLAIMS, BASED UPON CONTRACT, TORT FRAUD OR OTHER INTENTIONAL TORTS; (e) ALL CLAIMS BASED UPON A VIOLATION OF ANY STATE OR FEDERAL CONSTITUTION, STATUTE OR REGULATION; (f) ALL CLAIMS BY LENDINI AGAINST USER INCLUDING ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, GOVERNORS, MEMBER, OR AFFILIATE ENTITIES INCLUDING CLAIMS FOR MONEY DAMAGES AND OR EQUITY OR PRIVATE INJUNCTIVE RELIEF; (g) ALL CLAIMS ASSERTED BY USER AGAINST LENDINI INCLUDING ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS, MEMBER OR AFFILIATED ENTITIES INCLUDING ALL COUNTERCLAIMS, CROSSCLAIMS AND THIRD-PARTY CLAIMS.
ANY PARTY TO A DISPUTE, INCLUDING RELATED THIRD-PARTIES, MAY SEND THE OTHER PARTY WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THEIR INTENT TO ARBITRATE AND SETTING FORTH THE SUBJECT OF THE DISPUTE ALONG WITH THE RELIEF REQUESTED, EVEN IF A LAWSUIT HAS BEEN FILED.
YOU AGREE TO USE ONE OF THE FOLLOWING ARBITRATORS: DISPUTE RESOLUTION INSTITUTE,
2 LOGAN SQUARE, SUITE 660, PHILADELPHIA, PA 19103, 800.656.1237; OR ADR OPTIONS, INC., 1800 JOHN F. KENNEDY BLVD., SUITE 1110, PHILADELPHIA, PA 19103, 215.564.1775; MICHAEL MEDICK, ESQ., MEDNICK MEZYK & KREDO PC, 101 GREENWOOD AVENUE, SUITE 203, JENKINTOWN, PA 19046, 215.545.1870, or John W. Herron, Esq, Herron Mediation, 735 Dividing Road, Severna Park, MD 21146, JHerron@herronmediation.com,THE PARTY FILING THE NOTICE OF ARBITRATION SHALL CHOOSE ONE OF THE ARBITRATORS LISTED ABOVE.
YOU AGREE THAT THE ARBITRATION SHALL BE IN ENGLISH. YOU FURTHER AGREE THAT THE ARBITRATOR SHALL APPLY APPLICABLE SUBSTANTIVE LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C. §1 ET SEQ. (“FAA”), AND APPLICABLE STATUES OF LIMITATION ANDSHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. THE PARTIES TO THE DISPUTE WILL BE GOVERNED BY THE RULES AND PROCEDURES OF THE ADMINISTRATOR TO THE EXTENT THOSE RULES AND PROCEDURES: (i) DO NOT CONTRADICT THE EXPRESS TERMS OF THIS ARBITRATION PROVISION; AND (ii) APPLY THE APPLICABLE ADMINISTRATOR’S EXPEDITED ARBITRATION PROCEDURES.
AT THE REQUEST OF EITHER PARTY THE ARBITRATOR SHALL PROVIDE A WRITTEN EXPLANATION OF THE ARBITRATOR’S DECISION AND/OR AWARD.THE ARBITRATOR WILL APPLY THE APPLICABLE SUBSTANTIVE LAW RELATING TO THE DISPUTE AND AWARD ANY REMEDIES AVAILABLE AS IF THE DISPUTE WAS HEARD BY A COURT.THE ARBITRATOR’S AWARD MAY BE FILED WITH ANY COURT HAVING JURISDICTION.THE ARBITRATION HEARING WILL BE HELD AT A LOCATION CHOSEN BY THE SELECTED ARBITRATOR OR VIA ZOOM OR TELEPHONE. ARBITRATIONFEES SHALL BE EQUALLY DIVIDED BETWEEN THE PARTIES THROUGHOUT THE ARBITRATION;HOWEVER, THEY SHALL BE SUBJECT TO REIMBURSEMENT. THE ARBITRATOR’S DECISION IS AND BINDING, EXCEPT FOR ANY RIGHT OF APPEAL PROVIDED BY THE FAA.
IF YOU OBJECT TO THIS ARBITRATION PROVISION DO NOT USE THIS SITE.
12. WAIVER OF JURY TRIAL.
YOU ACKNOWLEDGE AND AGREE THAT AS A USER OF THIS SITE YOU ARE ENTERING INTO AN AGREEMENT TO ARBITRATE AND WAIVE YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST LENDINI OR RELATED THIRD PARTIES; WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAT A SMALL CLAIMS TRIBUNAL RESOLVE ANDY DISPUTE ALLEGED AGAINST LENDINI OR RELATED THIRD PARTIES.
13. NO CLASS ACTIONS.
ALL DISPUTES INCLUDING ANY REPRESENTATIVE CLAIMS AGAINST LENDINI AND OR RELATED TO THIRD PARTIES SHALL BE RESOLVED BY BINDING ARBITRATION ONLY. WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OR CLAIMANTS, IN ANY LAWSUIT FILED AGAINST LENDINI AND/OR ITS RELATED THIRD PARTIES. DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONDUCT CLASS ARBITRATIONOR TO CONSOLIDATE CLAIMS OF MULTIPLE PARTIES.
14.BINDING EFFECT; GOVERNING LAW, VENUE, AND JURISDICTION
EXCEPT AS SET FORTH IN THE ARBITRATION SECTION, THE USE OF THIS SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO ANY APPLICABLE CONFLICTS OF LAW. YOU AGREE AND UNDERSTAND THAT LENDINI IS LOCATED IN PENNSYLVANIA, LENDINI MAKES ALL DECISIONS FROM LENDINI’S OFFICE IN PENNSYLVANIA, AND CONDUCTS ALL ITS BUSINESS FROM PENNSYLVANIA. ANY SUIT, ACTION OR PROCEEDING ARISING HEREUNDER, OR THE INTERPRETATION, PERFORMANCE OR BREACH, SHALL IF LENDINI SO ELECTS BE INSTITUTED IN ANY COURT SITTING IN PHILADELPHIA COUNTY (“ACCEPTABLE FORUM”). YOU AGREE THAT THE ACCEPTABLE FORUMS ARE CONVENIENT AND SUBMIT TO THE JURISDICTION OF THE ACCEPTABLE FORUMS AND WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION OR VENUE. YOU WAIVE ANY RIGHT TO OPPOSE ANY MOTION OR APPLICATION MADE BY LENDINI TO TRANSFER SUCH PROCEEDING TO AN ACCEPTABLE FORUM.
NOTWITHSTANDING THE ARBITRATION CLAUSE SET FORTH ABOVE, ALL CLAIMS LESS THAN $50,000.00 SHALL BE SUBJECT TO MANDATORY ARBITRATION IN THE PENNSYLVANIA COURTS.
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