PLEASE READ THIS INFORMATION CAREFULLY AND PRINT AND RETAIN THIS INFORMATION ELECTRONICALLY FOR FUTURE REFERENCE.
Eligibility. The Site is intended solely for users who are U.S. residents who are 18 years of age or older. Use or access of the Site by anyone else violates the Mobile Terms. By using our services or accessing or using the Site, you represent and warrant that you are a U.S. resident, that you are 18 years of age or older and that you agree to the Mobile Terms. If you violate any of the Mobile Terms, or you otherwise violate an agreement between us, we may prohibit you from using or accessing our services or the Site at any time in our sole discretion, with or without notice, including without limitation if we believe that you are under 18.
You are solely responsible for ensuring that your use of the Site is in conformance with applicable federal, state and local laws and regulations.
FCRA Consent: You are giving us your express written consent under the Fair Credit Reporting Act and Regulation V to obtain consumer reports (including credit reports) about you and other information, including credit and employment information, about you from one or more consumer reporting agencies (including credit bureaus) and to review and act on those reports and information.
Communications: The word “Communications” in these Mobile Terms includes, but is not limited to:
Legal and regulatory disclosures and notices associated with a loan, a loan application, an account or an account application;
Documents that evidence a loan or account or the assignment or pledge thereof;
Periodic statements related to a loan or account;
Communications between (x) a lender and (y) a borrower or a loan or account applicant;
Communications and agreements related to the Site and its usage;
Postings and other material made available to you on the Site; and
Privacy and security policies and notices.
Consent: By agreeing to the Mobile Terms, you agree that all Communications from us relating to your loan, your application for a loan and/or the use of or access to the Site may be provided or made available to you electronically by email, text messaging, “in-app” messaging or by posting a Communication on the Site, and that you can access the Communications in the designated formats described below. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us and our agents concerning your loan, loan application and Site usage and access. You agree that all Communications will be considered “in writing.” You also agree that we may assign your consent to any entity that may purchase your loan from us.
Requesting Paper Copy of Documents: If you ask us by contacting us as described below, we will send you a free paper copy of any Communication. We will retain copies of Communications for the time period required by law and will provide you with a copy upon request within those time periods. We may elect to not retain copies for longer than is required by law. Save or print copies of Communications to ensure you have them if needed.
Our Right to Send Paper: We reserve the right to provide Communications to you in paper form in our discretion even if you have given us consent to provide them electronically. For example, but without limitation, we may do this if we have a system outage, if we suspect fraud or if for any reason your designated email address or mobile phone does not accept emails or texts, respectively, from us.
Hardware and Software Requirements: To access and retain the Communications electronically, you will need to have access to the Internet, an email account and related software capable of receiving email through the Internet, a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above and Firefox 3.0 or above, or the equivalent software, Adobe Acrobat and hardware capable of running that software. Your access to the Mobile Terms verifies that your computer has the system, browser and Internet access necessary to review Communications in an electronic format online.
Telephone Consumer Protection Act Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Mobile Technology Requirements: If you are accessing the Site or the Communications electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements, you must make sure that you have software on your mobile device that allows you to print or save the Communications presented to you during the application and loan process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access the Site through a device that provides these capabilities.
Withdrawing Consent: You may withdraw your consent to receive Communications electronically by contacting us as described below. If you withdraw your consent, your withdrawal will not affect the legal validity and enforceability of any loans you have obtained from us, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. We will then send you any future Communications by mail or other non-electronic means.
Changes to Your Contact Information: Please tell us by contacting us as described below if you change your email or mailing address so that you continue to receive all Communications without interruption.
How to Contact Us: You can contact us by email at firstname.lastname@example.org or by writing to us at Lenny Loans Inc., 1447 2nd Street Suite 200, Santa Monica CA 90401, Attn: Compliance.
By agreeing to these Mobile Terms, you acknowledge that you can access and store or print the electronic Communications in the designated formats described above, and you consent to having all Communications provided or made available to you in electronic form and to doing business electronically on or through the Site with us and our agents. In addition, you agree that we may assign your consent to any entity that may purchase your loan from us.
Suggestions: Suggestions and offers on the Site are not recommendations, unless expressly identified by us as such, and may not be appropriate for all users, even where the Site indicates that users like you have purchased the product.
Tax/Legal Advice: The Site does not and is not intended to provide legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.
Jurisdictions: Lenny products and services are available only in those jurisdictions where we are authorized or permitted by local law to offer, promote and provide them.
Company Identification: The products and services offered on the Site are provided by Lenny.
Mobile Technology Requirements: To access and use the Site electronically, you should have a functioning mobile device (such as a smart phone or tablet) on which you have installed the Lenny application. That application can be found for most mobile devices in the device’s respective “app store”. You are responsible for the selection, maintenance and operation of your mobile device, your telecommunications service provider and your mobile device software. We are not responsible for any errors, failures, or malfunctions of your mobile device and software or your telecommunications services. You are responsible for ensuring that your mobile device, software and telecommunications services are compatible with the Site. We reserve the right to change the system requirements for using the Site.
Computer Requirements: You may be able to access and use the Site with a personal computer equipped with a modem or other Internet access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with the Site. We reserve the right to change the system requirements for using the Site.
Our Right to Publish: By posting a comment on the Site or on Lenny-sponsored message boards, discussion forums or other interactive content on third party sites, you agree that we may publish your comment in whole, or in part. We do not agree to post all comments received. We reserve the right to remove or modify any posting that is false, offensive, violates any law or the rights of third parties, violates the Site Terms, or is defamatory or duplicative.
Identification of Posters: When you submit a posting to us on this or other sites, we may identify you by: your hometown, and state or country; and your first name, or last name and initial, or an alias that you have provided to us; your ‘member since’ date; and other information that does not specifically identify you.
Disclosure in Legal Actions: We reserve the right to reveal your identity and the content of your original and posted submissions in response to legal action by any party, or in response to a request by governmental authority, or in our defense.
Lenny Ownership of Content: We retain ownership of all postings submitted on the Site, except when we post copyrighted material. By posting content, you warrant and represent that you own the rights to the content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the content and grant Lenny the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site will become our exclusive property. Such disclosure, submission or offer of any posts constitutes an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the posts and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and will not be limited in any way in the use, commercial or otherwise, of your content. We are and will be under no obligation to pay to you or any third party any compensation for any of this content.
You may not:
The Site contains links to other Internet sites and mobile applications that are not maintained by Lenny. Unless otherwise stated, we make no warranties or representations regarding these websites, applications or the products or services offered on them. We do not control the privacy or security practices of third parties or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours.
Please see our FAQ for more details on limits.
We provide customer support for Dwolla Account activity and for all services related to the Site and any line of credit you may obtain from us. The ways you may access that customer support are as follows:
Lenny Copyright: The entire Site is the copyrighted work of Lenny. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.
Trademarks: By providing content, we do not allow you to use trademarks referenced in the Site. You may not use any meta tags or any other “hidden text” using Lenny’ name or trademarks without our express written consent. The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Lenny or other parties. Users are prohibited from using any Marks without our written permission or the third party that owns the Marks.
Copyright Infringement Claims: It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on the Site may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit Lenny to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by Lenny. Written notice must be sent to: Lenny Loans Inc., 1447 2nd Street Suite 200, Santa Monica CA 90401.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR IN EQUITY. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SITE IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO ANY EQUIPMENT YOU USE IN ACCESSING THE SITE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVERS THAT PROCESS INFORMATION FOR US, ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INABILITY TO USE THE SITE, OR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ON LIABILITY APPLY TO CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS ON LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, MANAGERS AND SHAREHOLDERS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY DAMAGE, LOSS, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND OR ACTION (“CLAIM”) BROUGHT OR ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES: ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THESE SITE TERMS BY YOU; ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR COMMENTS, YOUR USE OF THE SITE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION PURSUANT TO THIS PROVISION, WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT OUR EXPRESS WRITTEN CONSENT.
Governing Law: Use of the Site is governed by and will be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws.
Jurisdiction and Venue: Exclusive jurisdiction and venue will be with a court of competent jurisdiction in Los Angeles, California. You consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.
Severability: If any provision of the Mobile Terms is unlawful, void or unenforceable, the remaining provisions will remain valid and in effect to the fullest extent possible.
Waivers: Any waiver of any provision of the Mobile Terms will be effective only if in writing and signed by an authorized representative of Lenny. Any delay or omission by Lenny to exercise any rights under the Mobile Terms may not be construed to waive any rights.
Section Headings: The section titles, the italicized explanations, and the section headings are not part of the agreement and are not to be used in interpreting the terms of the agreement.
Conflicts: In the event of a conflict between the Mobile Terms and your Loan Agreement, the Loan Agreement will control.
Notices: If you have registered at the Site, we will provide notices to you by using any of the contact information you have provided to us. You may only provide notice to us at the following address: Lenny Loans Inc., 1447 2nd Street Suite 200, Santa Monica CA 90401.
Survival: Certain provisions of the Mobile Terms by their nature will continue in full force and effect after termination, including authorizations you have granted, the Disclaimer of Warranties and Limitation of Liability, and Jurisdiction and Venue.
Assignment of Rights: You may not transfer or assign any rights or obligations you have under the Mobile Terms without our prior written consent. We reserve the right to transfer or assign the Mobile Terms or any right or obligation under the Mobile Terms at any time.
No Third Party Beneficiary: You agree that, except as otherwise expressly provided in the Mobile Terms, there are no third-party beneficiaries to the Mobile Terms.
Modification: We reserve the right to modify these Mobile Terms at any time in our sole discretion. Any changes to the Mobile Terms become effective when we post them to the Site. Your continued use of the Site after we posting the modified Mobile Terms to the Site constitutes your agreement to the modified Mobile Terms.
V. 03 April 8, 2016