Terms of Use

(844) 700-5363

Website Terms and Conditions of Use

This website (including all sub-sites) is operated by Funding Metrics, LLC dba Lendini or a subsidiary or affiliate thereof (collectively, “Lendini,” “we,” or “us”). By accessing a Lendini website, mobile application (including but not limited to the “Lendini App”), interface, or platform (collectively, “Site” or “Sites”) that links to this Terms of Use Agreement ( the “Terms of Use” or “Agreement”), you agree to abide by this Agreement and by our Privacy Policy ( which is hereby incorporated by reference), regardless of the device used (e.g., personal computer, mobile device, or any other technology or software) for access. These Terms of Use govern your access to, and use of, the Sites and any of the tools, features, functionality, services, or products offered on or through the Sites, including your access to information and data; your use of any web portal, customer account, sales partner account, syndicate investor account, or online services; your submission of application and/or provision of information for qualification for financing or other purposes; your subscription to blogs, newsletters, and alike; and your participation in any public areas on the Sites (collectively, the ”Services”).

In addition to these Terms of Use and the Privacy Policy, certain of our services offered through the Sites, such as your ability to submit requests for commercial revenue-based financing and related services, will be subject to, and governed by, separate terms and conditions or contracts that will be provided to you, and that you must agree to, in connection with those requests or transactions. To the extent there is a conflict between these Terms of Use and a transaction-specific agreement, the transaction-specific agreement will govern.

PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND EACH PROVISION. THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND LENDINI FOR THE USE OF THE SERVICES AND THE TERMS OF USE SHALL APPLY TO ALL USERS OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES, SERVICES, AND/OR CONTENT.

We may update these Terms of Use from time to time by making available a revised, dated version on the Sites. If the revised version includes a substantial change, we will provide a more prominent notice (including, for certain services, an email or other type of notification of Terms of Use changes) prior to the change becoming effective. Your continued use of the Sites shall constitute your acceptance of such updated Terms of Use. We encourage you to periodically review this page for the latest information.

1. USE OF SITES

You may view and use the Sites and/or any of the information or Services only in accordance with these Terms of Use. You agree to use the Sites and/or Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability as determined by applicable law. The Sites are for individual business owners and legal entities organized and authorized to do business in the United States and are not intended for use by others or for use outside of the United States. To access certain features of the Site, you may need to register for an account and to provide us certain documentation or information, including information about your identity, finances, and business performance. By creating or accessing a user account, submitting a request for revenue-based financing, and/or otherwise using the Sites, you represent and warrant that: (i) you are 18 years old or older and are fully able to enter into a binding agreement; (ii) all information and/or documentation you submit is true, accurate, current, and complete; (iii) you will update such information, as necessary, to keep it true, accurate, current, and complete; and (iv) the information belongs to you and does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party.

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 violates any federal, state, international, or local law or regulation, or engage in, facilitate, encourage, or promote any activity that violates the Terms of Use;

• 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

Each user is responsible for any misuse of his or her account, even if the inappropriate activity was committed by someone other than the account holder (i.e., his or her family member, friend, or employee). Therefore, each user must take all reasonable steps to protect his or her account from unauthorized access. In addition, no user may access his or her account to breach the security of any other user’s account or attempt to gain unauthorized access to another server or network. As such, each user must always ensure the security of his or her password, including without limitation, by not sharing it with others for any reason, creating passwords that are hard to guess, and updating passwords on a regular basis. Lendini reserves the right to terminate your access to the Sites or cancel your username and password at any time, without notice, and for any reason including, without limitation, your violation of these Terms of Use.

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

All information or other content conveyed or communicated by you to Lendini as a contribution to any of the Sites (each, a “Submission”) shall comply with these Terms of Use and, upon receipt, will become property of Lendini. Lendini will not be required to treat any Submission as confidential and will not be liable for the use of any ideas (including without limitation, any product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Lendini shall have the right to use any content contained in a Submission for any purpose, without acknowledging the source of that Submission, and without compensation to you or any other person sending that Submission. Lendini may permit the posting of text, files, images, photos, video, sounds, musical works, works of authorship, and other materials and content by you and other users (“User Content”) on certain areas of our Sites, including those that are interactive and accessible to the public. By submitting or posting User Content, you understand and acknowledge that any materials, ideas, or other communications you submit or post in any manner and for any reason will not be treated as confidential or proprietary and may be preserved, disclosed, or removed from the Sites by Lendini at its sole discretion. Lendini has the right to accept, post, refuse, remove, or delete any User Content for any reason (including Content that Lendini considers violative of these Terms of Use or otherwise illegal or objectionable). Notwithstanding the foregoing, you understand and acknowledge that Lendini has no responsibility to monitor any materials submitted, posted, transmitted, or communicated to or within the Sites.

All User Content shall comply with these Terms of Use. In addition, you specifically represent that: (i) you own or have the necessary licenses, rights, consents or permissions to use, and authorize Lendini to use, all patent, copyright, trade secret, trademark, and other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Sites and these Terms of Use; and (ii) you have the appropriate and necessary written consent, release, or permission of each identifiable individual person or business in your User Content to use the name, likeness, or other personal characteristics of each such identifiable individual or business (as applicable) to enable inclusion and use of such User Content in the manner contemplated by the Sites and these Terms of Use. You are solely responsible for any User Content you submit or post and the consequences of submitting or posting it. By submitting or posting User Content, you grant Lendini a non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, modify, prepare derivative works based upon, and otherwise exploit (including, but not limited to, over the Internet, social media, broadcast television, radio or any other uses or media), the User Content to the maximum extent permitted by applicable law. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites, and to use, access, reproduce, distribute, transmit, forward, display, and perform such User Content to the extent permitted by the Sites under these Terms of Use.

6. THIRD-PARTY CONTENT

Lendini may link to other websites that we believe may be useful to you, provide information about third-party products, services, or events, or allow third parties to make their content and information available on or through our Sites (collectively “Third-Party Content”). Lendini does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and Lendini assumes no liability for such use. Your dealings and correspondence with third parties and your use of, or interaction with any Third-Party Content is solely between you and the third party. When leaving our Sites, you should be aware that these Terms of Use no longer govern, and therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites.

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.

8. DISCLAIMERS

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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LENDINI (INCLUDING ITS SUBSIDIARIES AND AFFILIATES) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR ATTORNEY’S FEES) ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, ACCESS TO, USE OF OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

10. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Lendini (including any of its subsidiaries, affiliates, licensors and their respective officers, directors, employees, agents and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) (collectively the “Claims”) arising out of or relating to: (i) your access to or use of the Sites or Services; (ii) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and (iii) your breach of any of these Terms of Use. You shall promptly notify Lendini of any third-party Claims, cooperate with Lendini in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). Lendini reserves the right to assume, at its sole discretion, the exclusive control over defense or settlement of any third-party Claims.

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 AND SHALL 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. ARBITRATION FEES 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 ARBITRATION OR 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.

15. MISCELLANEOUS

a. Entire Agreement. These terms and any and all language directly linked to or within these terms constitute the entire agreement between you and Lendini relating to the subject matter of these Terms of Use, and these Terms of Use supersede all prior or contemporaneous communications or proposals relating to the subject matter of these Terms of Use.

b. Severability. In the event any part of these Terms of Use is found to be invalid, void, or unenforceable in any respect, the validity, legality, and enforceability of any other term contained therein or herein shall not in any way be affected or impaired and shall remain in full force and effect.

c. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but they may be assigned by Lendini without restrictions or limitations. Any attempted transfer or assignment in violation hereof shall be null and void.

d. Waiver. Our failure to enforce any part of these Terms of Use shall not be deemed a waiver of any further rights hereunder, and does not mean we give up the right to later enforce that part or any other part.

e. No Interpretation of Caption or Headings. The captions and headings within these Terms of Use are for ease of reference only and are not intended to create any substantive meaning or to modify the terms or clauses either following them or contained in any other provisions herein.

16. PRIVACY POLICY

In addition to reviewing these Terms of Use, you should also review our Privacy Policy to better understand how we collect and use your personal information. Your use of the Sites constitutes your agreement to the terms and conditions of our Privacy Policy.

17. CONTACT INFORMATION

If you have any questions or concerns about these Terms, please contact us at customerservice@Lendini.com.

September 2023

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