By using the information, tools, features and functionality located at lendocity.com or subdomains (the “Website”) or by submitting an application for credit to Lendocity, you signify that you have read, understand and agree to be bound by these terms and conditions (the “Agreement”) for any and all applications for credit to Lendocity. You further agree all information being provided by your company as the borrower and/or by you as the Guarantor as part of the application process for the Loan is true and complete.
You may not use the Service and you may not accept this Agreement if you are under 18 years of age. You represent that you have the capacity to bind the company or entity applying for credit, on behalf of such company or entity. You understand that we will require you to sign a personal guarantee for the credit obtained by your company from Lendocity. Before you continue, you should print or save a copy of this Agreement for your records. In addition to this Agreement you and your company may enter into other agreements, including a loan agreement that will govern the terms of your company’s loan or line of credit and use of the Service. If there is a conflict between this Agreement and such other agreements that is applicable to specific aspects of the Service, the other agreement shall govern with respect to those specific aspects.
Lendocity may make changes to this Agreement from time to time. If we do this, the date at the top of this page indicates when the latest revisions were made. Your continued use of the Service or the Website will constitute acceptance of such revisions.
Privacy, Personal and Company Information
You hereby consent to receive by electronic means, (or in writing through postal mail or email), this Agreement, communications, disclosures and notices, including and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow Lendocity to respond to any inquiries by e-mail, at the email address you have provided, regardless of the format of the original inquiry. You must also agree to our ESign consent during the online application process.
Third Party Sites or Content
The Website or other materials sent to you under the Service may contain links to other Websites (“Third Party Sites”), as well as content from third parties. Lendocity is not responsible for such Third Party Sites or content from third parties, including without limitation accuracy, reliability, offensiveness, or appropriateness. If you decide to leave the Website and access Third Party Sites or third party content, this Agreement and Lendocity policies no longer apply. In addition, if any such link is to another capital provider or lender, Lendocity acts solely as a referrer and does not guarantee or underwrite the products or services, including credit products, provided by such capital provider or lender. You will be deemed a customer of that capital provider or lender with respect to any products or services provided by such capital provider or lender. Lendocity has no role in, nor any liability for any decision made or product or service provided by such other capital provider or lender.
Credit Profile Authorization
You understand and agree that we and our agents and assignees are authorized to contact third parties to conduct background checks and other investigative reports, including your credit card sales data as described below, and make credit report inquiries (including requesting personal and business credit bureau reports about you and your company, respectively, from credit reporting agencies and other sources) or for any other lawful purpose, and that Lendocity has such authority for the foregoing in connection with any update, ongoing loan review, renewal, or extension of the credit to the company on whose behalf you are applying for credit hereunder. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Lendocity is making no commitment or guarantee that any product, evaluation, or guidance provided by Lendocity will result in an approval for credit from Lendocity.
Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE SERVICES BY US WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Warranty WE DISCLAIM ANY WARRANTY OF MERCHANT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.