Last updated: January 1, 2023
Welcome to LendLink. Thank you for your interest in www.lendlink.homes (the "Website", “Site” or "Platform"), owned and operated by LendLink LLC, organized under the laws of the State of Nevada, hereafter referred to as “LendLink”, "company", “us”, "our" or “we”. LendLink provides this directory Website to individuals seeking the services of real estate lenders (“Borrowers”), and to those individuals and businesses seeking to provide real estate lending services (“Lenders”). Any party, including Borrowers, Lenders and visitors to this Website may be referred to hereafter as the "user" or "you" throughout the Terms of Service. The Website constitutes our Lender directory service (the "Service" or "Services"). Unless otherwise specified, all references to the Services include the directory available through the LendLink Website, as well as any software that LendLink provides to you that allows you to access the Services.
The following Terms of Service ("Terms" or "Agreement") are a legally binding contract between you and LendLink regarding your use of the Service. Please read the following Terms carefully before accessing or using any of the Services. Each time you access or use the Service, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms whether or not you register for an account with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service.
You acknowledge, and agree that Lenders appearing on our Platform are independent contractors and that LendLink is not a party to any engagement, agreement, arrangement, job, service, employment, assignment or transaction between users of our Platform, including without limitation Borrowers for any engagement or transaction with the Lender. No agency, partnership, joint venture, or employment relationship between LendLink and any Lender, Borrower or other user of our Services is created as a result of these Terms of Service or any user's access to, or use of, any part of the Platform.
LendLink does not recommend or endorse any Lender, Borrower or other users of our Services and has no control of the services provided by Lenders; or the payment for the same by the Borrower. It is within the sole and absolute discretion of the users of our Services to engage one another. You should always exercise responsibility, due diligence and care when deciding whether to engage or have any interaction, or transact with any other user as a Borrower or as a Lender.
You agree that the use of our Services is at your sole risk and by using the Platform, you understand and agree that any legal remedy or recovery that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular individual users or other third parties and not LendLink. You agree not to attempt to impose any liability on, or seek any legal remedy from LendLink with respect to such actions or omissions.
Furthermore, you hereby agree that LendLink shall have no liability for any damages or injuries to you resulting from your use of our directory, Platform or any interaction, engagement or transaction with another user by reason of your access to, and use of, our directory, Platform or Services.
Certain areas of our Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
LendLink may change this Agreement at any time by posting an updated Terms of Service on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using this Website. If you continue using the Website, you will be constructively deemed to have accepted the changes.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
a. LendLink is an online directory that allows Borrowers to search for and discover Lenders. It also allows Lenders the ability to increase their online visibility to Borrowers. Lenders can create a public profile describing their credentials, available services and accomplishments.
b. To participate in our directory a Lender must register, create an account and enroll in a paid subscription for our Services. Borrowers are not required to register for an account with LendLink. Borrowers can search our Website for a Lender using the Lender’s profile, then select one or more to contact directly, using the Lender’s personal method of contact or their own personal Calendar link. Lenders set their own fees as well as their loan terms & conditions.
c. Our Service includes LendLink content, systems, procedures, processes and technologies, and; any hardware, software, applications, data, reports, and other content made available by or on behalf of LendLink.
d. Our Service does not include any software application or service that is provided by you or a third party, which you use in connection with the Service.
e. Any modifications and new features added to the Service are also subject to this Agreement.
f. LendLink reserves the right to modify or discontinue the Service, or any feature or functionality thereof, at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with, and belong exclusively to LendLink.
a. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement.
b. If you are a Lender, you further represent and warrant that you have received any required legal authorization, certification or licensure, permitting you to provide your services in the jurisdiction or territory in which you will perform any services.
c. As a user of our Services you represent and warrant that you have not been, and currently are not, the subject of any criminal complaint, action or restraining order for any offence involving fraud, larceny, theft, violence, abuse, neglect or any offense that involves endangering the safety of others.
d. LendLink disclaims any responsibility for, and does not currently conduct criminal background screenings on Lenders or Borrowers, but reserves the right to conduct any criminal background check, at any time using available public records, to confirm your compliance with these and any other terms of this agreement.
a. To access some features of the Service you may be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number or other personal information). Lenders on our Website may also be required to provide, without limitation, your business entity information, a driver license, picture ID, and information regarding any credentials, licenses or registrations you hold. Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
b. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes, including the revocation or expiration of any credentials, licenses or registrations you hold.
c. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy which you may access here: https://www.lendlink.homes/privacy.
a. If you have been issued an account by LendLink in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not LendLink, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify LendLink immediately.
b. LendLink may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
c. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you. If you have been refused an account, or your account has been terminated, you will not be permitted to register again.
d. You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
e. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
Borrowers are not required to create an account or register with LendLink. If Borrower engages the services of, or enters into a transaction with one, or more, of the Lenders on our Service, Borrower hereby agree that LendLink is not a party to that transaction and Borrower will be responsible for, and pay the fees and loan payments charged by the Lender according to the terms Borrower has agreed upon with the Lender.
LendLink offers an automatically renewable and payable Subscription Plan for our Lenders. The features, subscriber rights, terms and price of the Subscription Plan may change from time to time and the most current description and price may be found on our Subscription Plan Website page here: https://www.lendlink.homes/lender-sign-up.
a. By completing your registration for a Subscription Plan, you authorize LendLink or its third party payment processor to charge your payment method on a recurring basis (i.e. annually) for: (i) the applicable Subscription Plan charges; (ii) any and all applicable taxes; and (iii) any other charges incurred in connection with customer’s use of the LendLink services. The authorization continues through the subscription term, and any renewal term, until the subscriber cancels the Subscription Plan prior to the renewal date.
b. By purchasing a Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and LendLink (or our third party payment processor) is authorized to automatically charge your payment method at the then-current Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your Subscription Plan is continuous and will be automatically extended for successive subscription periods until you cancel it prior to the renewal date.
c. You may cancel your Subscription Plan within thirty (30) days of the purchase date for a full refund of your purchase price. Please email us at support@lendlink.homes to cancel and receive your refund.
d. After the initial 30 day cancellation period you will not be eligible for a refund of the purchase price, however, you may cancel your Subscription Plan at any time, by logging into your account or emailing us at support@lendlink.homes. If you cancel, you will not be entitled to a refund (either partial or prorated) for your last payment but you may continue to use your Subscription Plan until the end of your then-current paid-up subscription term.
e. LendLink may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before LendLink reasonably could act.
f. In the event you cancel your Subscription Plan, please note that we may still send you promotional communications about LendLink, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME AS A RESULT OF A VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY. SUBSCRIPTION MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Your subscription order constitutes an offer to purchase a Subscription Plan and Services available on our Platform. We reserve the right at any time to accept or decline any Subscription Plan order. We reserve the right to cancel your order at any time before it has been accepted and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Subscription Plan or Services is no longer available.
a. All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
b. All applicable taxes and other charges are additional and your responsibility.
c. We reserve the right in our sole discretion to change prices at any time and without notice.
a. By providing LendLink or our third party payment processor with your method of payment information, you authorize us to charge you for subscription purchases using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
b. You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account and subscription. Your notice to us will not affect charges to your account before we reasonably could act on your request.
c. You agree that we may charge you, and you will pay to LendLink, any fee or penalty that is assessed or charged to us for a "Chargeback" resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
The Lender users of our Services are independent contractors and LendLink is not a party to any relationship, transactions, loans, dealings or contracts between Lenders and Borrowers, including proposals, selection, contracting and performance of Lender's services, and Borrower’s payment and performance of any loan. LendLink is only a directory venue that provides a Platform on which users can meet and independently decide whether or not to engage with each other. LendLink does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any services provided by Lenders, nor of the integrity, responsibility or any of the actions or omissions of any Lender or Borrower. LendLink makes no representations, guarantees or warranties whatsoever with respect to Services offered or provided by Lenders through the use of the Services, whether in public, private, in online or offline interactions; or about the accreditation, registration or licensing of any Lender.
In furtherance of the above:
a. LendLink is not a party to any agreement for Lender services and does not itself offer to perform any loan services.
b. The users of our Services are not employees or agents of LendLink.
c. LendLink is not an agent or representative of any user.
d. LendLink does not, in any way, supervise, direct, or control the Lender or the Lender’s services.
e. LendLink makes no representations about, and does not guarantee or warranty the quality, safety, or legality of the Lender services, including, without limitation, all warranties, express or implied, Including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
f. LendLink does not intervene in any transaction or dispute between the Borrowers and Lenders. If you have any issues with a Borrower or a Lender respectively, you must resolve it between yourselves.
g. LendLink Services may identify a Lender with a title, nevertheless, LendLink does not endorse or recommend the services of any particular Lender and we do not independently verify their representations about their services, their qualifications, their licenses, registration or credentials, their background, their identities, the ability of a Lender to deliver their services, nor do we validate any reviews. It is the sole responsibility of each Borrower to evaluate the Lender and their qualifications to perform their services.
LendLink does not verify any Lender's professional credentials, license, registration or qualifications. Users must determine for themselves whether a Lender is licensed and qualified to perform the loan services requested.
a. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
b. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
c. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
d. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
e. Our Services may have "publicly accessible areas" that allow users to post User Content (defined hereafter) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that LendLink shall not, under any circumstances, be liable in any way for any User Content.
f. Except as expressly permitted in our Services, you shall not use any communication systems provided on our Services including, without limitation email and chat services for any commercial or solicitation purposes or to circumvent our Services.
g. You shall not solicit for commercial purposes any users of our Services that are not intended by the purpose of our Services, without our prior written permission.
h. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services.
For information about the LendLink data protection practices and privacy policies, please read our Privacy Policy, which is incorporated herein by reference, here https://www.lendlink.homes/privacy. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data by LendLink in accordance with our Privacy Policy.
a. We make no representation as to the completeness, accuracy, or currency of any information appearing on our Service or other content available on this Site including, without limitation, information posted or uploaded by any Lender in their profile. You are solely responsible for independently verifying all information delivered through the services before relying on that information in any manner
b. We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date and LendLink disclaims any responsibility or liability for such information. By using the Services, you agree to accept such risks.
As between LendLink and you, LendLink or its licensors own and reserve all right, title and interest in and to our Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by LendLink.
a. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"), are owned by LendLink. You may not use the Proprietary Marks without our prior written permission.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
c. The information, descriptions, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all text, graphics, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
d. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work").
e. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
f. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
a. We grant you a limited, nonexclusive, non-transferable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
b. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental. You may not decompile, reverse engineer, or disassemble Our Content, and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
a. "User Content" means, without limitation, any personal or professional profile (including your photo) that you create, text, images, photos, digital files, artwork, videos, audio, messages, text communication, reviews, comments, feedback, suggestions, documents, or any other content you upload, transmit or otherwise make available to LendLink and its users, including Borrowers, via our Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify LendLink and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
b. By submitting User Content on or through the Service, you grant LendLink a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.
c. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
d. You agree that any User Content you submit to our Service may be viewed by other users including Borrowers, any person visiting or participating in the Service and by the public in general.
e. LendLink expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.
f. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by LendLink resulting there from.
g. LendLink may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
h. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
i. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
j. LendLink has no control over User Content once posted, and it is possible that visitors to the Site may copy User Content and repost it elsewhere.
k. You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material.
LendLink does not investigate any posted user reviews, comments, suggestions or feedback for accuracy or truth. Users may be held legally responsible for damages suffered by other users or third parties as a result of their comments if they are legally actionable or defamatory. You agree that LendLink is not legally responsible for any comments posted or made available on our Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. LendLink reserves the right to remove user comments or information that, in our sole judgment, violates this Agreement or negatively affects our Services.
a. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
b. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
a. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
b. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
c. We reserve the right to refuse access to the Service to anyone for any reason at any time.
The Service may contain features, services and functionalities linking you to, or providing you with access to third party services and content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising or other materials on or available from such sites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms of Service and Privacy Policy and you release us from any liability.
a. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
a. Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions, payments and purchases (i.e. Subscription Plan purchase and payments). You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions, payments and purchases.
b. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, cancellation notices, policies, contracts, and applications.
If you access our Services through a third party social networking site or application including, but not limited to, Facebook, LinkedIn or Twitter, you authorize LendLink to access certain information about you that is made available through that third party social networking site according to your social networking privacy settings, and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.
Violating the security of our Website and Services is prohibited and may result in criminal and civil liability. LendLink may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service, or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host or network.
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
A valid complaint under the DMCA must provide the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work that you claim has been infringed.
c. Identification of the material that is claimed to be infringing and where it is located on the Service.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: support@lendlink.homes
a. It is the user’s sole responsibility to perform or obtain any and all background and reference checks regarding other users, including, without limitation a criminal background check.
b. LendLink may, at our sole and exclusive discretion, perform a basic background screening on any user by utilizing third party services as appropriate. Although LendLink may require background screening of users, we are not required or obligated to do so and cannot confirm that each user is who they claim to be and therefore, LendLink cannot and does not assume any responsibility for the accuracy, completeness, timeliness or reliability of identity or background screening information or any information provided through the LendLink services by the user.
c. Furthermore, LendLink makes no representations, guarantees or warranty that any Lender's representations about their services, their qualifications, their licenses, their credentials, their background, their identities or the ability of Lender to deliver their services. It is the sole responsibility of each Borrower to evaluate the Lender and their qualifications to perform their service.
d. You agree to release LendLink, our agents and employees from all claims, demands and damages, actual and consequential and direct and indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the LendLink services to the fullest extent permitted by law.
a. ALL SERVICES AND PRODUCTS AVAILABLE FROM LENDLINK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LENDLINK AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “LENDLINK PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS, INCLUDING THE SERVICES OF THE LENDERS WILL BE EFFECTIVE, RELIABLE OR MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
c. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE; HOWEVER WE HAVE NO OBLIGATION TO DO SO.
d. THE LENDLINK PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SERVICE OR PRODUCT DESCRIPTION, OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
f. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
g. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
a. IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR ANY CLAIMS HEREUNDER, SHALL, IN THE AGGREGATE, BE LIMITED TO $100.
e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
a. You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless LendLink and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) serious physical or emotional harm, including death, to you or any third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third party.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
a. By using the Services, you release, to the maximum extent allowed by law, LendLink, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and any interaction with other users through the Services, including without limitation, any serious physical or emotional harm, including death, to you or any third party.
b. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You and LendLink agree that any claim or dispute at law or equity that has arisen, or may arise, between you and LendLink (including any claim or dispute between you and a third-party agent of LendLink) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of LendLink or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
a. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Nevada, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and LendLink, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and LendLink, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and LendLink are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
c. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND LENDLINK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LENDLINK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
d. Pre-Arbitration Dispute Resolution. We at LendLink believe that most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@lendlink.homes. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to LendLink should be sent to the address provided in the Contact Us section at the end of these Terms of Service ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If LendLink and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or LendLink may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by LendLink or you shall not be disclosed to the arbitrator during the arbitration proceeding.
e. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless LendLink and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, LendLink agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
h. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Nevada. You and we agree to submit to the personal jurisdiction of the courts located within the State of Nevada for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Nevada; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Nevada.
This Agreement shall be construed, interpreted and enforced in accordance with, and governed by, the laws of the State of Nevada, regardless of the effect of choice of law principles of such laws. The Parties hereto consent to personal jurisdiction and venue for the courts of the State of Nevada.
The LendLink Platform and Service is a directory for use by Lenders and potential Borrowers and LendLink not a party to any contract or agreement between users. In the event that you have a dispute with another user, you hereby release, and hold harmless, LendLink and its affiliates, officers, directors, agents, subsidiaries, and employees from any and all claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
LendLink is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If LendLink receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
LendLink is committed to making its Website usable by all people by meeting or exceeding the requirements of the Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA). To reach this goal we strive to have all of our visitors be able to access and understand our Services and the products available on our platform. While some existing content may not be in compliance, and some content may meet only the minimum required compliance standards, we continue to make every effort to improve the Website and remove barriers that prevent persons with disabilities from interacting with, or accessing, information made available on our Website. If you need assistance interacting with our Website, or accessing information on our Website, please email us at support@lendlink.homes and we will work with you to provide the assistance you need. Please note that our Website may link to, or interface with, third party websites that we do not control. These third-party websites may not have undertaken the efforts that LendLink has to comply with WCAG 2.0 AA standards. We welcome all feedback on improving our site's accessibility for all of our users. If, at any time, you have specific questions or concerns about the accessibility of any particular page, please contact us at support@lendlink.homes. We thank you for your assistance in enhancing the accessibility of our Website.
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@lendlink.homes.