Last Updated: July 9, 2014
We publish our website terms and conditions (“Terms and Conditions”) for everyone to see, at any time. By using our site or applying for a LendUp product or service, you are agreeing to the terms and conditions set forth below. These Terms and Conditions constitute a legal contract between you and Flurish Inc. dba LendUp and cover all aspects of your use of the LendUp website, including all of its pages, and, to the extent not superseded by the terms and conditions of any contract we may sign with you, of any product or service we may provide you.
If any of these Terms and Conditions do not make sense, please consult a legal expert for a clarification.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OUR SITE AND ANY OF ITS PAGES (COLLECTIVELY, THE “LENDUP WEBSITE,” “LENDUP.COM” OR “OUR SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE SITE NOW. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THIS SITE.
1. Eligibility; Privacy
The products and services offered through our site are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE LENDUP WEBSITE YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
2. Registration: Accountholder Responsibilities
Certain areas of the LendUp website (hereinafter “LendUp.com,” “this Site” or “our Site”) are accessible only to registered accountholders. In order to access the registered-accountholder-only areas of LendUp.com, you will need the username and password you have created. You acknowledge that use of a username and a password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing LendUp in writing of any need to deactivate a username due to security or other concerns. LendUp is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use LendUp.com using your username or password. You must immediately notify LendUp of any unauthorized use of your username or password and any breach of confidentiality. Until LendUp receives this notification from you, you will be held liable for any harm ensuing from the use of your username on LendUp.com.
3. Consent to Be Contacted by Telephone, Email or Postal Mail
By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
In connection with Your Loan, We may need or want to contact You from time to time in connection with your account or any loan for which you have begun or completed the application process. By registering for a LendUp account or beginning an application on our Site for any loan or service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your LendUp account, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.
4. Intellectual Property
The LendUp website, the content, any materials downloaded, and all intellectual property pertaining to or contained on our Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by LendUp or third parties; all right, title and interest therein shall remain the property of LendUp and/or such third party owner, as applicable. All content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized solely to view and retain a copy of the pages of the site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with LendUp. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit this Site, or any portion of the Site for any public or commercial use without the express written consent of LendUp. Additionally, you agree that you (i) will not remove or alter any author, trademark or other proprietary notice or legend displayed on this Site (or printed pages produced from this Site), and (ii) will not make any other modifications to any documents obtained from this Site other than in connection with completing information required to transact business with LendUp.
5. Use of Information and Materials
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of LendUp's web sites and systems including but not limited to unauthorized entry into LendUp's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by LendUp and/or its affiliates.
7. NO WARRANTY
THE INFORMATION AND THESE MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". LENDUP DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL LENDUP BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF LENDUP OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
All information submitted to LendUp via this site shall be deemed and remain the property of LendUp, and LendUp shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to this site provides LendUp through this site. LendUp shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by LendUp or as otherwise specifically required by law.
This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
11. Additional Terms
Certain sections or pages on this site may contain additional terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Without limiting the generality of the foregoing statement, any dispute relating to a LendUp loan shall be subject to resolution by arbitration exclusively at the request of any party thereto and in accordance with the applicable loan agreement.
LendUp works hard to offer you products and services that it believes to be useful and reliable; however, LendUp does not provide, endorse, or guarantee these unaffiliated third-party products, services, or information nor does it guarantee their accuracy. LendUp is not liable for any third party's failure with regard to such advertised products, services, and information.
12. Users Outside of the United States
At the current time, LendUp is only available to persons residing in the states of California, Illinois, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, Oregon, Tennessee, Texas and Wyoming in the United States. You may not use or export or re-export any portion of this website in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. LendUp makes no representation that the documents, pages, images or other materials or content on this site are appropriate or available for use in jurisdictions outside the U.S.A.
LendUp is not directed at children under the age of thirteen years old. LendUp does not knowingly collect personal information from children under thirteen years old from this website.
14. Governing Law
Use of this site shall be governed by all applicable federal and state laws. LendUp's corporate offices are located in the state of California. The San Francisco County Courts have general jurisdiction and will be the exclusive venue for litigating disputes arising out of these Terms and Conditions.
Last Updated: 7/9/2014