Thank you for visiting our site. We strive to share valuable information with our readers. In order for us to be in the business of doing so, we need to make sure our readers understand the terms on which we share this information with visitors of our site.
Please read these terms of service carefully. By using our website, www.lendingmemo.com, you agree to the Terms of Service provided below.
The terms and conditions stated below (collectively, the “Agreement”) constitute a legal agreement between you and LendingMemo Media LLC, a Michigan limited liability company (the “Company,” “We,” “Our,” or “Us”). In order to use Our website and any of the services that We provide on Our website (collectively, the “Website”) you must agree to the terms and conditions that are provided below. By using the Website you agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at www.lendingmemo.com. If you do not agree to the terms below, please do not use the Website. If you have any questions or concerns about this Agreement please feel free to contact Us via email at admin|at|lendingmemo.com.
We reserve the right to modify this Agreement. Any modifications will be effective upon posting an updated version of this Agreement at www.lendingmemo.com/terms-of-service/. You are responsible for regularly reviewing this Agreement, and your continued use of the Website or any software that We provide after any changes have been made will constitute your consent to such changes. You can reject any new, revised, or additional terms by discontinuing use of the Website and any software that We provide.
3. Restrictions on Use
3.1. Personal Use Only
You may not build a business, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Website.
3.2. Interference with Intellectual Property or Advertising
You may not remove, alter, interfere with, or circumvent any (a) copyright, trademark, or other proprietary notices on the Website, or (b) any advertisement on the Website.
You may not reproduce, distribute, or modify any content provided by the Website without Our express consent.
You may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine or aggregate data from the Website.
3.5. Denial of Service Attacks
You may not take any action that may impose an unreasonable burden or load on the Website or its servers and infrastructures.
4. Inappropriate Content
You agree not to upload, download, display, perform, transmit, or otherwise distribute on the Website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, (b) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your distribution of any such material, and, to delete any such material from the Website and Our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
5. Unacceptable Conduct
You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation:
5.1. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
5.2. Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization;
5.3. Interfering or attempting to interfere with Our services to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing the Website;
5.4. Using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
5.5. Forging any TCP/IP packet header or any part of the header information in any e- mail or in any posting using the Website; or
5.6. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to any form any of the source code used by Us to provide and maintain the Website.
Any violation of system or network security may subject you to civil liability, criminal liability, or both.
6. Ownership of Intellectual Property
We retain all right, title, and interest in and to the Website, including without limitation all software We created to provide the Website and all intellectual property, including, without limitation, all ideas, logos, copyrights, trademarks, or other information provided by you or any other party relating to the Website. This Agreement does not grant you any intellectual property rights in or to the Website, or any of the components of the Website, including any software used in the Website.
7. Grant of Limited License
If you post or upload any content to the Website (“User Content”), you acknowledge and agree that you are granting the Company (and its licensees, affiliates, successors, and assigns) a worldwide, royalty-fee, perpetual, irrevocable, sub-licensable, non-exclusive right to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute in any manner and any media. You represent and warrant that you own such content or have sufficient rights in the content to grant to Us the license detailed above without infringing or violating any third party rights. Further, you acknowledge and agree that We may retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights drafted by you to Us under this license.
8. Use of Software
We may make certain software available to you from the Website. If you download software from the Website, the software, including all files and images contained in the software, and accompanying data (the “Software”) will be licensed to you by Us for your personal, noncommercial use only. We do not transfer title to or the rights in the Software and all components of the Software. We retain all rights, title, and interest to the Software and any intellectual property associated with the Software.
You may not sell, redistribute, or reproduce the Software, or reverse-engineer, disassemble, or otherwise convert the Software in any way or in any form. All trademarks and logos associated with the Software are owned by Us or its licensors and you are not granted any rights to use them for any purpose.
9. Access to Site
10. Copyrights and Digital Millennium Copyright Act
10.1. Notice of Copyright Infringement. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website infringes your rights under U.S. copyright law, you may send Us a notice requesting that the material be removed. The notice must include the following information:
10.1.1. The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
10.1.2. Identification of the copyrighted work claimed to have been infringed;
10.1.3. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information that reasonably allows Us to locate the material on the Website;
10.1.4. Your name, address, telephone number, and email address (if available);
10.1.5. A representation that the you have a good faith belief that use of the material in the manner complained of is not authorized by you (the copyright owner), your agent, or the law; and
10.1.6. A representation that the information in the notice 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.
10.1.7. Please be advised that We will not respond to complaints that do not meet the requirements above. If We determine that the materials alleged to infringe your rights do not require removal, We will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful.
10.2. Counter-notices. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:
10.2.1. Your name, address, and telephone number;
10.2.2. A description of the source of the content that was removed;
10.2.3. A representation under penalty of perjury that you believe that the content was removed in error;
10.2.4. A representation that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district that We choose, and that you will accept service of process from the person who provided the original complaint; and
10.2.5. Your signature (physical or electronic is acceptable).
10.3. Updated Requirements. Notices and counter-notices with respect to the Website must meet the then-current statutory requirements imposed by the DMCA and should be sent to Us through the address listed below. Please be aware that there can be penalties for false claims under the DMCA.
ATTN: DMCA Copyright Claims Department
LendingMemo Media LLC
38 W Fulton St Ste 400
Grand Rapids, MI 49503
You agree to fully indemnify Us, Our employees, directors, officers, and affiliates, from any claims or damages resulting from your breach of this Agreement, your violation of any rights of any third party service providers you were introduced to by Us, or your use or misuse of the Website, including, without limitation, attorneys’ fees and costs incurred by Us.
13. Each Party’s Representations and Warranties
13.1. Your Identity
You warrant: (a) that you have accurately identified yourself through your account and will maintain the accuracy of such identification; and (b) that you are 18 years or older, or that you are acting on behalf of a corporation or other business entity that is authorized to do business under applicable law.
13.2. Right to Do Business
Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
13.3. Not Investment Advice
The information on this Website is provided for educational purposes only. You represent and warrant that you understand and agree that the Website does not provide investment advice. You further represent and warrant that you will not rely on any information on this site for the purposes of making any investments.
Except for the express representations and warranties specified in this section, the Website is provided “as is” and as available, and the Company disclaims all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights, to the fullest extent permitted by applicable law. Without limiting the general nature of the previous sentence, (a) the Company has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) although We make Our best efforts to keep the site up and running, the Company does not warrant that the Website will perform without error or immaterial interruption; (c) although We make Our best efforts to keep the Website free of any viruses or other harmful components, the Company cannot make any guarantees, thus the Company does not warrant that the Website will be free of viruses or other harmful components.
You acknowledge and agree to assume the entire risk associated with your use of the Website, including any third party services or products that you use as a result of the Website.
14. Limitation of Liability
You agree that in no event will Our liability arising out of or related to this Agreement exceed $100.00. In no event will the Company be liable for any consequential, indirect, special, incidental, or punitive damages. Further, the Company is not liable or otherwise responsible for any damages resulting from your reliance on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party whose advertising appears on the Website or is referred by the Website.
We introduce Our Website users to third party service providers such as peer to peer lenders. We receive compensation from some of these vendors for these referrals. You acknowledge that while We may introduce you to third party service providers, We do not assess the suitability, legality, or ability of any of these third party service providers. Accordingly, you expressly waive and release Us from any and all liability that is related in any way to the third party service provider. We will not participate in any way in any dispute between you and a third party service provider.
If applicable law limits the application of any part of this section, Our liability will be limited to the maximum extent permissible.
15. Internet Problems
Our Website may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software, and other electronic communications. We are not responsible for such delays, failures, or other damages that result from such problems.
We may send notices pursuant to this Agreement to you via your e-mail address listed on your account, and such notices will be deemed received by you three days after they are sent. You may send notices pursuant to this Agreement to us via email at admin|a|lendingmemo.com, or to our post address at 38 W. Fulton St Ste 400, Grand Rapids, MI 49503, and such notices will be deemed received by Us three days after they are sent.
16.2. No Waiver
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
16.3. Assignment & Successors
Neither party may assign this Agreement or its right or obligations under this Agreement, except We reserve the right to assign this Agreement or any of Our rights or obligations under this Agreement without your consent as part of a merger, acquisition, or any other change of control of the Company. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
16.4. Choice of Law & Jurisdiction
This Agreement will be governed solely by the internal laws of the State of Michigan, without reference to any principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts in Kent County, Michigan.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
16.6. Entire Agreement
This Agreement is the entire agreement of the parties and supersedes all prior agreements as to the use of the Website. If you have any questions or concerns regarding any of the terms above, please feel free to contact Us via email at admin|at|lendingmemo.com
LendingMemo Media LLC
38 W Fulton St Ste 400
Grand Rapids, MI 49503
Last updated: January 1, 2016