Terms of Use

This is a legal agreement ("Agreement") between you and Lendeavor, Inc, a Delaware corporation doing business as Lendeavor (“Lendeavor”), which may be contacted at 311 California St, STE 700, San Francisco, CA 94104. By accessing the Lendeavor website, currently located at www.Lendeavor.com (the "Site"), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services or purchase such products.

This Agreement is subject to change by Lendeavor in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

1.  Defined Terms

2.  Use of Site and Service

3.  Proprietary Rights

4.  User Information

5.  Content & Services

6.  Links to Third-Party Websites/Dealings with Advertisers and Sponsors

7.  Disclaimer of Warranty

8.  Limitation of Liability

9.  Indemnification

10.  Communication and Privacy

11.  Term and Termination

12.  Cancellation

13.  General Provisions

14.  Revision Date


1. Defined Terms

As used in this Agreement, the following words shall have the following meanings. "Lendeavor" includes "Lendeavor", "we", "us" and variations such as "our". "Service" includes the products, services and software that you order, receive or access as part of the Lendeavor service.

2. Use of Site and Service

As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:

a. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lendeavor is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.

b. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you provide through your use of the Site and any Services; (ii) the information and content you make available in any manner through the service; and (iii) your interaction with any and all third-parties. By submitting such information, feedback, content, comments and/or materials to us, you, subject to the Privacy Policy: (a) represent and warrant that Lendeavor’s use of your submission does not and will not breach any agreement, violate any law or infringe any third-party's rights and is true and accurate in all respects; (b) agree that Lendeavor is free to use, in any manner, all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Lendeavor all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, content, information and/or materials, in whole or in part, or as a derivative work, without any duty by Lendeavor to anyone whatsoever. Lendeavor does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.

c. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties.

d. No False Information. You will provide accurate, true, current and complete information.

e. Legal Purpose. You will not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.

f. Business Purpose. You will only use the Site or Services for a bona fide business purpose. You will not use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

g. Age. You must be eighteen (18) years or older and capable of entering into legally binding contracts under applicable law to use the Site or Services.

3. Proprietary Rights

a. Ownership of Proprietary Information. You hereby acknowledge and agree that Lendeavor is the owner of all rights in and to the Site and Services. These proprietary rights are protected by federal, state and local laws and regulations. You are permitted to use the Site and Services only as expressly authorized by this Agreement. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.

b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.

c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Lendeavor and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

4. User Information

a. Privacy Policy. For information about the collection and possible use of information and material provided by you, please click on Lendeavor´s Privacy Policy located on the Site. The Lendeavor Privacy Policy is hereby incorporated by reference into this Agreement. By using the Site or the Services, you are consenting to the terms of Lendeavor´s Privacy Policy.

b. Disclosure by Law. You acknowledge and agree that Lendeavor may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Lendeavor´s, or a third-party´s, rights or property.

c. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow Lendeavor to anonymously use the information from you and your experiences through the Services to continue Lendeavor's research into successful business practices and to improve the Services.

5. Content and Services

The information on this Website is for information purposes only. It is believed to be reliable, but Lendeavor does not warrant its completeness, timeliness or accuracy. Users access, use, and rely upon such content at their own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website.

Lendeavor offers a subscription service. Further product, subscription and services descriptions are provided through the Site and are made a part of this Agreement by reference.

6. Links to Third-Party Websites and Dealings with Advertisers and Sponsors

The Site and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of Lendeavor, and Lendeavor is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. Lendeavor makes no warranties, either express or implied, concerning your use of or inability to use such sites, the content of such sites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that any such sites or their content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. The inclusion of any co-branding and/or link does not imply any endorsement of or responsibility by Lendeavor for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation on such third-party websites or any association with the websites’ operators. Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that Lendeavor will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such third-parties on the Site. Please visit our Privacy Policy to learn more about how we use your information.

7. Disclaimer of Warranty

a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LENDEAVOR PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. LENDEAVOR DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. LENDEAVOR DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. LENDEAVOR DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Lendeavor, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LENDEAVOR DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN LENDEAVOR. UNDER NO CIRCUMSTANCES WILL LENDEAVOR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE´S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

c. Beta Features. From time to time, Lendeavor may offer new "beta" features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Lendeavor's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

8. Limitation of Liability

a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL LENDEAVOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITVE, DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF LENDEAVOR KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL LENDEAVOR´S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID LENDEAVOR FOR THE USE OF ANY SERVICES, THE AMOUNT OF US $25.00 OR ITS EQUIVALENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE LENDEAVOR VISITOR OFFERINGS AND/OR ANY OTHER LENDEAVOR PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR LENDEAVOR MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION .

b. No Liability for non-Lendeavor Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LENDEAVOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.

c. Information Verification. Lendeavor and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Lendeavor and its contractors will have no liability to you arising from any incorrectly verified information.

9. Indemnification

You agree to indemnify, defend and hold harmless Lendeavor, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys´ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (iii) your violation of any applicable laws, rules or regulations. Lendeavor reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lendeavor in asserting any available defenses.

10. Communication and Privacy

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls, please refer to our Privacy Policy to review your options.

11. Term and Termination

This agreement will become effective upon your acceptance of the Agreement by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Lendeavor may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Lendeavor reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. Termination of your access to the Lendeavor Services will not excuse you from any criminal or other civil liability that may result from your actions. You may terminate your account by following the steps in the applicable section under "Cancellations" below.

12. Cancellations

You may cancel your profile at any time by contacting Customer Service at (877) 341-0617.

13. General Provisions

a. Controlling Law and Jurisdiction. You agree that Delaware law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the (which one?) District of Delaware. You acknowledge and agree that any violation of this Agreement may cause Lendeavor irreparable harm, and therefore agree that Lendeavor will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Lendeavor may have for a breach of this Agreement.

b. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, or Additional Services terms, comprise the entire agreement between you and Lendeavor regarding the use of this Service, superseding any prior agreements between you and Lendeavor related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Lendeavor to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Delaware. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

c. Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor.

d. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention of the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the Delaware State and United States Federal Courts located in Delaware, and each party hereby submits to the personal jurisdiction of such courts.

ALL USERS: CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

Because Lendeavor operates on the Internet, it is necessary for you to consent to transact business with us electronically. We also need you to consent to 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 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, your use of this Service, and the servicing of your loan, if funded, (each, a "Disclosure"), from us or our lender partners.

Opt-Out: You can revoke your consent by contacting us via email at support@lendeavor.com or by calling Customer Service @ 877-341-0617. You may also reach us by writing to us at the following address: Lendeavor, 311 California St, STE 700, San Francisco, CA 94104.

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.

Scope of Consent: 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 and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

14. Revision Date

These Terms and Conditions were last updated on October 18, 2016.