Terms of Use

Terms of Use

LendRev (“LendRev,” “we” or “our”) owns and operates the website located at https://lendrev.com/ (the “Website”). LendRev provides and maintains this Website for your information, conditioned on your acceptance, without modification, of the terms, conditions and notices contained in this Terms of Use. By accessing and using the Website, you accept and agree, without limitation, to the following:

Products and Services

You understand and agree that LendRev is not a lender and is not the creditor for or issuer of any of the products featured on the Website. Any products or services advertised at this Website or made available to you by any of our partners after you leave the Website are by and remain the sole responsibility of the respective product vendors and service providers.

Information Acceptance Policy

Your receipt of an electronic or other form of order request confirmation does not signify any acceptance of your funding, nor does it constitute confirmation of any offer to fund. LendRev reserves the right at any time after receipt of your information via form to accept or decline your request for any reason. LendRev is not responsible for requests that cannot be funded or unsuccessful funding requests arising from an applicant’s ineligibility to qualify for the funding opportunity.

Restrictions

You must be 18 years or older to use the Website. You agree not to use this Website or any content contained in it for any illegal or inappropriate activities.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and your purchase of products or services through the Website’s third-party affiliates. LendRev may, in its sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If LendRev becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or of its Privacy Policy (“Privacy Policy”), LendRev may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action. During the investigation, LendRev may suspend services to any customer being investigated and/or remove any material related to the aforementioned consumer from LendRev’s servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Use or the Privacy Policy could be subject to criminal or civil penalties.

Intellectual Property

The trademarks, titles, characters, trade names, graphics, designs, and other properties, including all software, text and images appearing on this Website are protected intellectual properties owned by LendRev, its licensees, or other third parties who have authorized use of such properties on the Website.

LendRev grants you permission to view and make copies of documents, pages, images, or other materials or content on this Website for the purposes of submitting a request for a loan from LendRev or its affiliates for your non-commercial, personal use. LendRev reserves all other rights in this Website and its contents. You may not distribute, display, transmit, or disseminate any such documents, pages, images, materials, or content without the prior written consent of LendRev. Except as expressly provided on this Website, nothing contained on this Website shall be construed as conferring any right or license under any trademark, copyright or other intellectual property right.

Limitation of Liability and Disclaimer of Warranties

LendRev uses reasonable efforts to ensure that the information on this Website is accurate but cannot guarantee such accuracy. LendRev makes no representations regarding the use or results of any content on the Website as to its accuracy, reliability or any other matter. LendRev disclaims any and all liability for the accuracy, completeness or correctness of such information. Neither LendRev nor any other party involved in creating, producing or delivering the Website assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from this Website. Your use of and browsing in the Website are at your own risk.

NEITHER LENDREV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE. EVERYTHING ON THIS WEBSITE 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. These exclusions and limitations are applied to the fullest extent permitted by law in each jurisdiction.

Third-Party Content

The Website may contain links to Websites maintained by third parties. LendRev is not responsible for the content or privacy policies of those Websites, and the existence of such links should not be considered an endorsement or recommendation of those Websites or of any product or service offered on those Websites or of any party that is associated with those Websites.

Privacy

LendRev’s Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Website in accordance with the Privacy Policy available at https://lendrev.com/privacy-policy. The Privacy Policy sets out your rights and LendRev’s responsibilities with regard to your personal information. LendRev will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that LendRev, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Website after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Website.

Electronic Documents

By submitting your information to LendRev via the Internet, you are consenting to receive certain notifications, disclosures and/or documents electronically. This consenting applies to the information you are providing on this Website and any other communications we or any third parties discussed herein may provide to you.

Delivery

All notifications, disclosures and/or documents that we or any third parties provide to you in electronic format will be considered “in writing” and will be provided either via (i) email; (ii) by access to a secure customer service website which will be provided to you in an email notice sent to you when the documents are available; (iii) by posting on this Website; (iv) or by posting on a website designated for that purpose. You should print or save a copy of these electronic documents for your records. We and any third parties reserve the right, at our sole discretion, to discontinue the electronic provision of notifications and/or documents. You will be provided with notice of any such termination or change as required by law.

Electronic Signatures in Global and National Commerce Act

You agree and intend the federal Electronic Signatures in Global and National Commerce Act to apply to (i) your consent to receive notifications, disclosures and/or documents in electronic form; (ii) the information you provide, and (iii) our and/or any third-party lenders’ ability to conduct business with you by electronic means.

By completing and submitting your information, you (i) agree to provide us with an accurate and complete email address and other required information requested on this Website; (ii) confirm your consent to receive notifications, disclosures and/or documents from us and any third-party lender in electronic format; (iii) affirmatively demonstrate your ability to access the notifications, disclosures and/or documents in electronic form; (iv) acknowledge that you have read and reviewed the terms contained in this electronic disclosure section; and (v) agree to the terms contained in this electronic disclosure section.

You may withdraw your consent prior to submitting your information by exiting this Website or by closing your browser, but this will prevent you from accessing our services. Following the submission of your information, you may be able to withdraw your consent to future electronic disclosures from a third-party lender by contacting the lender directly, but due to rules regarding the timing of delivery of disclosures that need to be made to you, you acknowledge that an opt-out notice may not be received and acted upon by such third-party lender prior to such disclosures being delivered to you electronically. We do not process opt-out communications for third party lenders, and each third-party lender establishes its own rules regarding opting out of future electronic communications and disclosures.

Security

LendRev has put in place physical, procedural and technological security measures to help prevent the loss, alteration, unauthorized access, and improper use of personal information under our control. Although LendRev has taken reasonable measures to provide for the security of certain information that you submit to the Website, LendRev cannot guarantee that this information will not be intercepted or decrypted by others. LendRev accepts no responsibility for such interception or decryption.

Website Use

LendRev is not your agent. LendRev may receive compensation from third parties for goods, facilities or services that LendRev provides to third parties under separate contract. Such goods, facilities or services may or may not relate in any way to your use of the Website. You agree to any such compensation arrangement whether or not related in any way to your use of the Website.

Law and Venue

You agree that any legal action brought against us shall be governed by the laws of the Big Valley Band of Pomo Indians of the Big Valley Rancheria (the “Tribe”), without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Website shall be an appropriate tribal court. LendRev makes no representations that the content on the Website is appropriate for access outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Referring Short Code

Where “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, and text and SMS messages to the telephone number(s) that you provided from us and our Marketing Partners. You are not required to provide this consent to purchase goods or services offered on http://www.lendrev.com. Your consent simply allows us to contact you via these means. If you provide consent, LendRev and our affiliates or Marketing Partners may send you SMS messages from their short codes or long codes. Message and data rates may apply.  The mobile carriers are not liable for delayed or undelivered messages.

Modification

LendRev reserves the right to modify these Terms of Use from time to time. Your use of the Website after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.

Indemnification

By using the Website, you agree to indemnify and hold LendRev, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or attempted use of the Website, including providing a link to another Website or uploading any content to the Website.

Waiver

YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US, OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.

Monitoring, Copying, Altering or Interfering With the Site

You agree that you will not use any robot, spider, web crawler, screen scraper, automated query program, or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Website without the prior expressed written permission of LendRev.

Violation of the Terms of Use

By using the Website, you understand and agree that LendRev, at its sole discretion and without prior notice, may terminate your access to the Website and to any services offered on the Website, and may remove any content you have provided if LendRev believes that such content violates or is inconsistent with these Terms of Use or the Privacy Policy or their intent, that your conduct is disruptive, or you have violated the law or the rights of LendRev or another user.

Miscellaneous

All rights not expressly granted are reserved to LendRev. The headings used in these Terms of Use are intended for convenience only and shall not affect the construction and interpretation hereof or thereof. A party’s failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms of Use is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms of Use, which shall remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.

Notices

LendRev may give notice to its users by means of a general notice on this Website, electronic mail to a user’s email address on its records, or by written communication sent by First Class Mail to a user’s address on its records.

Contact Information

LendRev is always willing to answer your questions or concerns about this Website at customerservice@lendrev.wpcomstaging.com. If you have questions relating to the terms of your loan, please contact your lender directly.