The services that Lendmerit Inc. provides to User(s) is subject to the following Terms of Use. Lendmerit Inc. reserves the right to update the Terms of Use at any time without notice to the user. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located on our online site or application. This notice describes your rights and responsibilities when using Lendmerit Inc.’s online site, including alternatives and obligations for resolving disputes or violations of the Terms of Use. You should read this agreement in its entirety.

Terms of Use
December 17, 2016

Please review these Terms of Use before using this site or accessing any data on the Lendmerit Inc. platform. If you do not agree to these terms without limitation or exclusion, you should exit this site.

Welcome to the Lendmerit Inc. financial platform. The service and network (collectively, the "Service") are operated by Lendmerit Inc. Corporation, a California corporation ("the Company," "we," or "us"). This Agreement, which incorporates by reference other provisions applicable to use of Lendmerit Inc.’s online site(s) and related platform(s), including, but not limited to, supplemental terms and conditions set for hereof (“Supplemental Terms”) governing the use of certain specific material contained in our online site, sets forth the terms and conditions that apply to the use of our site(s). By accessing or using our web site at www.Lendmerit.com, including any subdomain thereof (the "Site"), you (the "User") demonstrate that you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you are a registered member of the Service. In addition to these Terms of Use, you may enter into other agreements with Lendmerit Inc. that will govern your use of the Service or related services offered by Lendmerit Inc. If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, "Users" means anyone who accesses and/or uses the online site. For any terms herein applicable to all Users, all applicants, whether individually or jointly, all investor members, or business and other entity Users specifically, or where the context otherwise requires, "Users" shall be deemed to include any business or other entity on behalf of which the Site or Service is accessed by any other User, and "you" shall be deemed to include any such business or other entity and any person acting on behalf of any such business or other entity in connection with the use of the Site or Service. The right to use our site is personal to User and is not transferable to any other person or entity. User is responsible for all of User’s Account and for ensuring that all use of User’s account complies fully with the provision of this Agreement. User shall be responsible for protecting the confidentiality of User’s passwords(s), if any.

Changes to these Terms of Use

Lendmerit Inc. shall have the right at any time to change or discontinue any aspect or feature of our site, including, but not limited to, content hours of availability, and equipment needed for access or use. Lendmerit Inc. shall have the right at any time to change or modify the terms and conditions applicable to User’s use of our Site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. If changes are made, we will post the changed Terms of Use on the Site and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Use.

TERMS APPLICABLE TO ALL USERS: ELIGIBILITY, LICENSE AND REPRESENTATIONS

General Eligibility

This Site is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older. Any registration by or use of or access to the Site by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all the terms and conditions of these Terms of Use. Any violation of these Terms of Use by you, or otherwise a violation of an agreement between you and us, Lendmerit Inc. may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 or violating the Terms of Use.

Proprietary Rights & Limited License

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, their selection and arrangement (the "Site Content"), and the entire contents are the proprietary property of Lendmerit Inc. with all rights reserved. User(s) may not engage in the modification, copying, distribution, framing, reproducing, republishing, downloading unless allowed by Lendmerit Inc., displaying, posting, transmitting, or selling in any form or by any means, in whole or in part, without Lendmerit Inc.’s prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. If you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your use in connection with your use of the Site or Service, provided that you keep all copyright or other proprietary notices intact. Any use of the Site or the Site Content, without the prior written permission of Lendmerit Inc., is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

Use of the Site and Restrictions

Without our prior consent from Lendmerit Inc., you may not:

Lendmerit reserves the right to terminate, disable or limit your access to, or use of, this Site and the Services at any time without notice for any reason, with or without cause.

User Representations

You represent, warrant and agree that no materials of any kind will be submitted or otherwise posted, shared or uploaded by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose. You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:

User content, Account, Password and Security

You are solely responsible for the personal or business information, photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content uploaded, published, provided or displayed on or through the Service or the Site, or transmit to or share with other Users.

Users may have to open an account and must complete the registration process to open account. User understands and agrees to provide Lendmerit Inc. with current, complete and accurate information as prompted by the applicable registration form(s). User is responsible for maintaining the confidentiality of their account. User agrees to immediately notify Lendmerit Inc. of any unauthorized use of access of User’s account. As a use, you understand and agree that Lendmerit has no obligation to monitor or review the information. You also understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting any User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.

You may review personal or business information (including credit data) posted by other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users.

ALL USERS: CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

Because part of the Lendmerit Inc financial platform operates only on the Internet, whether you choose to participate on our platform as a borrower or in any other manner, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements (including any IRS Form 1099) arising from or relating to your use of the Site and Service, including any loans you may request or receive, your registration as a borrower or investor on our Site, any loans you may fund, notes you have purchased, your use of this Service, and the servicing of your loan. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.

CUSTOMER COMMUNICATIONS: By accepting these Terms of Use, you consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, physical or electronic address you provide or at which you may be reached. You consent and agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. If an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a telephone number.

CALL RECORDING AND MONITORING: You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection 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.

Electronic Communications. Any Disclosures will be provided to you electronically through our online platform or either on our Site or via electronic mail to the email address you provided. At any time you require a paper copy, you may access your documents electronically and print them or contact us for further assistance at (888) 866-8808. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate. Your consent will remain in effect for so long as you are a User.

Hardware and Software Requirements. To access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software.

Access through mobile. If you are accessing our site and the Disclosures electronically via a mobile device, we recommend using our mobile application for better navigation. Through a registered user under the mobile application, you will be able to access your account and other pertinent documents and information.

Updated contact Information. You must keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. Contact us at loans@lendmerit.com with your updated information or (888) 866-8808 for further assistance on how to update your information.

ALL USERS: INTELLECTUAL PROPERTY

Trademarks

Lendmerit Inc. and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, about any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Privacy

Please review the Site's Privacy Policy. You consent that by using our site or service, you agree that we may share your personal data within the united states, as allowed by law. We may also listen to and/or record phone calls between you and our agents without notice to you as permitted by law.

Disclaimer of Warranty; Limitation of Liability

User expressly agree that use of our online site or services is at the User’ sole risk. Neither Lendmerit Inc, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that our site or service will be uninterrupted or error free; nor fo they make any warrant as to the results that may be obtained from use of our site or service, or as to the accuracy, reliability or content of any information, service or merchandise provided through our site. Our online site is provided on an “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a purpose, non-infringement or title. There are no warranties as to the results of your use of the Content. For a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. We also do not warrant the site is free of any malicious virus, although we make sure to maintain and provide up to date safeguard on confidential information.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Use. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the state of California to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.

Indemnity

User agrees to defend, indemnify and hold Lendmerit Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Unaffected terms

If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please contact us at Loans@lendmerit.com or call us at (888) 866-8808

 

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