LEND LEGAL

Introduction

Greetings from Lend! Read our Terms and Conditions below to get a better understanding of how to keep yourself, others, and Lend out of legal trouble!

These Terms and Conditions govern the use of our products and services (“Services”). “Users” include anyone who uses our Services. By using our Services you are a User. These Terms and Conditions apply to our website, mobile applications, and all other products and services offered by Lend (together with its officers, employees, agents, representatives, consultants, affiliates, and directors — collectively, “Lend,” “we,” or “us”). The Services are provided by Lend Inc., located at 6 Loganwood Ct, Rockville, MD 20852, United States. By using our Services, you are agreeing to these Terms and Conditions. Please read them carefully.

In these terms, Users who request anything from another User are referred to as “Borrowers”. In these terms, Users who offer anything to another user are referred to as “Lenders.” “Lenders” also include Users who receive requests from Borrowers.

These Terms and Conditions govern your use of the Services; by using the Services, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Services.

You must be at least 18 years of age to use the Services. By using the Services you warrant and represent that you are at least 18 years of age. We may require you to submit proof of age. When you provide information to Lend, the information must be complete and accurate. Do not impersonate others, use offensive language, or violate anyone’s rights. We may cancel your account for violation of any of these rules, for violation of any part of the Terms and Conditions, or without cause at our discretion.

The Services use cookies. By using the Services and agreeing to these Terms and Conditions, you consent to Lend's use of cookies in accordance with the terms of Lend's Privacy Policy.

Service

Don’t interfere with our Services. Don’t misuse our Services. Don’t attempt to access our Services using a method other than the instructions and interface that we provide. Lend reserves the rights to deny any of the Services without notice or liability. Unless otherwise agreed by Lend in a separate written agreement with a user, the Services provided by Lend are for personal, noncommercial use.

Lend does not guarantee the truth or accuracy of any of the information posted by any User. Information posted by users includes, but is not limited to: availability, existence, quality, authenticity, or value of any item offered on Lend. The User content on Lend is the sole responsibility of the User that makes it available. We may review and remove or refuse to accept content that we believe violates the law, our policies, increases risk to Lend, or content that reduces our quality of service. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from the owner of the content or are otherwise permitted by law. Do not assume that we review content. As part of our Services, we may send you information via text, email, push notifications, or other methods. Some of these communications may be opted out of.

By offering goods for sale on Lend, users acknowledge that they are not employees of Lend, unless they have a separate written employment agreement with Lend. Users are not entitled to any of the benefits associated with employment. Users are responsible for their own behavioral control and financial control.

Do not use the Services in a way that prevents you from obeying safety or traffic laws. Do not use the Services in a way that could foreseeably result in harm to yourself or others.

Payment Processing

We use Braintree to complete our payment processing. Lend is bound to Braintree’s terms and conditions at https://www.braintreepayments.com/landing/gateway-terms-of-service.

Lend uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

If Lend becomes aware of a User using incorrect payment credentials, Lend will attempt to electronically communicate with the User. Users may submit requests for more information through the “contact us” page (https://Lend.com/contact).

There is a $1.00 minimum charge for all transactions.

Every time a Lender and a Borrower opt in, they are both bound to a Lender-Borrower Agreement (https://getlendapp.com/agreement). Lenders are liable for all claims, expenses, fines and liability Lend incurs arising out of:

  1. a Chargeback, Refund, over-payment, payment error, or other invalid payment caused by either the Lender or the Borrower (collectively “Invalidated Payment”);

  2. any error, negligence, misconduct or fraud by Lenders, or someone acting on the Lender’s behalf; and

  3. any losses resulting from Lenders failure to comply with the Terms of Service, the Lender-Borrower Agreement, or Lenders usage of the Braintree Payment Services.


In the event of an Invalidated Payment or other liability, we may deduct the amounts due to Lend from payouts made to you.

Bank accounts must be verified before we can issue payments to them . To verify bank accounts, we may require that Users submit information including, but not limited to: their email address, phone number, home address, bank account number, SSN or other tax identification number, date of birth, first name, and/or last name. If otherwise agreed by Lend in a separate agreement, Users operating as businesses may be required to submit information including, but not limited to: their tax identification number, address, legal name, email address, phone number, and/or their “doing business as” name.

By using the Services, you are subject to Lend’s fees. See getlendapp.com/fees for more information.

Prohibited Items and Activities

We prohibit certain items and activities because they may be inappropriate, risky, illegal, or for other reasons.

The following items and activities are prohibited:

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    Services or activities of any kind

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    Cash or cash equivalent instruments- including, but not limited to: money orders, checks, or any other cash substitute

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    Collection Agencies- any type of offer relating to the collection of debt

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    Illegal, Inappropriate, or Offensive Items- any item that violates federal, state, or local regulations or that would be offensive to others

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    Adult oriented products and services- including, but not limited to: sexually explicit materials, escort services, dating services, or prostitution services

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    Alcohol- including, but not limited to any liquor, wine, and beer

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    Drugs or other illegal items or services- includes, but is not limited to: drug paraphernalia, drugs, mail order or online pharmacies, anything requiring a prescription, and other drug related activities

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    Firearms and weapons – including, but not limited to: guns, ammunition, pistols, rifles, shotguns, grenades, knives, and any other type of weapon

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    Animals

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    Gambling related items and services- including, but not limited to lottery tickets, sports betting, or any other type of gambling

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    Marketing Businesses- without separate prior approval from Lend, Users shall not promote businesses

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    Memberships- including, but not limited to: lifetime guarantees or memberships and membership clubs

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    “Get Rich” businesses- including but not limited to any product or service that promises: guaranteed future results, informative guides, or incentives/premiums


Users must meet all appropriate regulations governing the use, handling, and other interactions with items when using the Services. With explicit written approval from Lend, Users may be granted temporary or permanent permission to offer or request certain prohibited items.

Lend reserves the right to remove any content or User from our Services without warning or cause. If we find that any User or transaction violates our prohibited items policy OR for any reasonable reason regarding the circumstances of your use, we may take any action we deem appropriate , including, but not limited to: holding funds associated with a prohibited transaction, suspending or removing Users from our Services, reversing transactions, or any other corrective actions.

License to use Services

Unless otherwise stated, Lend and/or its licensors own the intellectual property rights in the Services and material on the Services, excluding user generated content. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Services for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

Acceptable use

You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Services in any way that violates any term of this agreement.

You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Visitors to the Services may not interfere with the operations of the Services or take advantage of the Services in a manner which is not mutually agreeable. Visitors may not improperly use or visit the Services.

Examples of improper visiting include but are not limited to:

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    Attempting to disrupt Lend’s services

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    Attempting to use or gain access to any other users’ accounts

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    Attempting to go around security provisions that protect Lend’s services

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    Disclosing security vulnerabilities to parties other than Lend*

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    Attempting to gain unauthorized access or permissions to Lend’s content which is not explicitly provided by Lend.

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    Accessing the source code. Visitors are prohibited from reverse engineering the Services.

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    Excessively using Lend resources. We reserve the right to decide the point at which a user is excessively consuming Lend resources.


*Users are required to submit any privately known security vulnerabilities to Lend through the contact us page. To submit a security vulnerability to another service, first acquire permission from Lend through the “contact us” page.

Text Messaging

By using Lend, you agree that Lend may send you text (SMS) messages to provide you with information as part of normal business operation or your use of Lend. You may unsubscribe to receiving text (SMS) messages from Lend by texting the word STOP from the device receiving the messages. Users acknowledge that opting out of receiving text (SMS) messages may prevent themselves or other users from receiving all of the possible benefits of Lend.

Restricted access

Lend reserves the right to restrict access to any part of the Services, or indeed the entirety of the Services, at Lend’s discretion.

If Lend provides you with a user ID and/or password to enable you to access restricted areas of the Services or other content or services, you must ensure that the user ID and/or password are kept confidential. Users are responsible for any activity that happens through or on their Lend account. Users must secure and keep confidential any passwords and user IDs allowing users to access third party services associated with Lend.

Lend may disable your account at our discretion without notice or explanation.

User content

Lend may contain links to third party websites. Any such website may have their own terms of service and privacy policy. We do not accept responsibility or endorse the contents or your use of such websites.

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Services, for whatever purpose.

You grant to Lend a worldwide, irrevocable, non-exclusive, royalty-free license to use, modify, reproduce, host, store, and publish your user content and any works derived from your user content in any existing or future media. Two reasons that this is done is to allow us to promote the Services, as well as increase the visibility of certain Services.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Lend or a third party (in each case under any applicable law).

You must not submit any user content to the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Lend reserves the right to edit or remove any material submitted to the Services, or stored on Lend’s servers, or hosted or published upon the Services. If a user deletes their account, all provisions of this agreement and all other agreements made available on the Services will survive the deletion of their account (this includes but is not limited to using user content).

Notwithstanding Lend’s rights under these Terms and Conditions in relation to user content, Lend does not undertake to monitor the submission of all such content to, or the publication of such content on, the Services.

Users of the Services must:

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    Abstain from breaking any laws.

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    Abstain from creating inaccurate, false, or misleading content, or content that promotes illegal activities

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    Abstain from engaging in deceptive or fraudulent activities.

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    Abstain from spamming other users. Users must abstain from distributing unsolicited or unauthorized advertising, junk mail, and any other types of undesirable communication practices.

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    Abstain from offering prohibited items (see prohibited items list)

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    Abstain from abusing the personal information of other users. Lend may provide users with relevant personal information of other users in order to allow Lend customers to receive a high quality of service. For more information see the privacy policy.

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    Abstain from the use of harassing, obscene, profane, tortious, libelous, threatening, abusive, or other types of behavior that could invade the privacy of other users or cause them discomfort.

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    Abstain from any civil wrongs relating to the use of the Services.

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    Abstain from impersonating any individual

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    Abstain from soliciting a password or personal identifying information from another user for unlawful or commercial purposes


Insurance

You are solely responsible for any loss or damage suffered as a result of borrowing, leasing, lending, renting, selling, distributing, or otherwise obtaining or using any item using the Lend platform. Users are responsible for maintaining their own insurance which they deem to be advisable or necessary to cover any loss or damage to any items incurred by anyone in connection to the use of the item. If you maintain such insurance, you are solely responsible for ensuring that your insurance policy covers the intended exchange of the good or service.

Intellectual Property

You agree not to submit any user content that you do not hold the copyright for unless you have received permission from the appropriate party or parties. You also verify that if Lend uses your content, that Lend is not violating anyone’s rights or copyrights (if you have permission to use copyrighted material ensure that Lend can also use the copyrighted material free of charge).

Lend is not responsible for any licensing or royalties on user submitted content.

Users are responsible for content that they generate.

Lend is not responsible for mistakes in user content.

Lend will comply with the Digital Millennium Copyright Act and will respond to notices of alleged infringement as appropriate. Lend may, at its discretion, delete any content or user accounts of infringers. Lend’s pending copyright agent is:


Lend does not intend to infringe on any third party’s intellectual property.

Warrantees and Disclaimers

This Services are provided “as is” without any representations or warranties, express or implied. Lend makes no representations or warranties in relation to the Services or the information and materials provided on the Services.

Without prejudice to the generality of the foregoing paragraph, Lend does not warrant that:

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    the Services will be constantly available, or available at all; or

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    the information on the Services is complete, true, accurate or non-misleading.


Nothing on the Services constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

SOME JUSIRSDICTIONS PROVIDE FOR CERTAIN WARRANTIES LIKE THE IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Limitations of Liability

Many jurisdictions have laws that limit consumer abilities to waive certain rights and responsibilities, Lend respects such laws, and nothing herein shall waive responsibilities or rights that can not be waived.

Lend will not be liable to you or any third party relating to the service (whether under the law of contact, the law of torts or otherwise, or as a result of Lend’s own negligence) in relation to the contents of, or use of, or otherwise in connection with, the Services. All user content is uploaded using automated software. Lend is responsible for user content in compliance with relevant governing laws (in some cases, Lend is required to remove potentially infringing copyrighted material in compliance with the Digital Millennium Copyright Act). Visit the Contact Us page to submit a notification of possible copyright infringement or to file a counter claim for material that has been removed from the Services. For more information, visit http://www.copyright.gov/legislation/dmca.pdf. Lend is not liable for any losses or damages that are related to the use of Lend’s services. Lend may, at our discretion, become involved in disputes between users and Lend does not become involved in disputes between users and any third party relating to the use of the Services. Lend is not liable for any losses or damages arising out of the conduct of yourself or other users, including but not limited to any damages resulting from agreements, communications, meetings, or other dealings with Users you encounter in connection with your use of Lend. It is your responsibility to take whatever precautions you deem necessary prior to interactions and transactions with other users.

The limitations of liability survive the termination of any agreements between Lend and a user.

These limitations of liability apply even if Lend has been expressly advised of the potential loss. Other users can be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Services.

WHEN PERMITTED BY LAW, LEND WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, OR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LEND FOR ANY CLAIMS IN THE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.

IN ALL CASES, LEND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORSEEABLE.

Account Security

Lend is not liable for any loss or damage arising from unauthorized access to your account. To ensure that your account is secure, we recommend using multifactor authentication. You agree to notify us immediately if you suspect any unauthorized use or access of your account.

Exceptions

Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Lend’s liability in respect of any matter which it would be illegal or unlawful for Lend to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using the Services, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use our Services.

Other parties

You accept that, as an entity, Lend has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Lend’s officers or employees in respect of any losses you suffer in connection with the Services.

You agree that the limitations of warranties and liability set out in this disclaimer will protect Lend’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Lend.

Unenforceable provisions

If any provision of the Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms and Conditions.

Indemnity

To the extent allowed by law , you hereby indemnify Lend and undertake to keep Lend indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Lend to a third party in settlement of a claim or dispute on the advice of Lend’s legal advisers) incurred or suffered by Lend arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Lend is not responsible for the performance or punctuality of users or items.

Users are responsible for any losses, damages, costs, liabilities and expenses that are a result of their use of Lend. Users are prohibited from exchanging objects that could foreseeably result in any losses, damages, costs, liabilities and expenses to themselves or others. If users are unsure if an object will result in any losses, damages, costs, liabilities and expenses to themselves or others, the user is required to consult with a knowledgeable and responsible third party and eliminate any foreseeable risks before submitting to the Services. All content, goods, and services users access through Lend is at the risk of the user. Users shall not intentionally deceive other users.

You warrant and represent that all of the information that you provide to Lend is correct and current.

Breaches of these Terms and Conditions

Without prejudice to Lend’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Lend may take such action as Lend deems appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you.

Variation

Lend may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of our Services from the date of the publication of the revised Terms and Conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Lend may transfer, sub-contract or otherwise deal with Lend’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and Lend in relation to your use of the Services, and supersede all previous agreements (whether electronic, written, or oral) in respect of your use of the Services.

Law and jurisdiction

These Terms and Conditions will be governed by and construed in accordance with Maryland law and the law of the United States of America, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of the state of Maryland, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

Arbitration. If a dispute arises, with Lend, Lend occasionally prefers to negotiate over taking judiciary action or entering a binding arbitration.

Lend requires binding arbitrations to settle disputes. All claims and disputes arising under or relating to the use of Lend are to be settled by binding arbitration in the state of Maryland or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. In the event of an arbitration, all parties other than Lend are responsible for paying all upfront arbitration fees (including but not limited to paying the arbiter and filing fees). If legally required by the arbiter, Lend will award some or all of the upfront arbitration fees to the parties that covered the initial fees. Any such arbitration shall be conducted by an arbitrator experienced in and law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

Lend’s details

The full name of Lend is Lend.

You can contact Lend by email to [email protected] or at https://getLendapp.com?contactus.

Credit

This document was created in part using a Contractology template available at http://www.freenetlaw.com.

Introduction

A Lender is a User who owns a specific piece of property (the “Item”) and grants temporary rights in the use, access, or control of the Item to the Borrower.)

The Lender-Borrower Agreement is part of the Terms of Service. Every time a Lender and a Borrower both opt in, they are bound by the agreement below:

Lender-Borrower Agreement

As part of our Services, a Lender may grant temporary use, access, or control of an Item (a “Transaction”). An “Item” refers to any object that a Lender or Borrower attempts to lend or borrow as part of our Services. “Duration” refers to the amount of time that a Lender and a Borrower agree to before initiating a Transaction. “Start Time” refers to the time that a Transaction begins. When a Lender and a Borrower agree on an Item, Duration, Price, and Start Time as part of our Services, to the extent permitted by applicable law, they enter a binding legal agreement. If the Duration is longer than 1 year, the Borrower and Lender must sign a copy of this Agreement. The Lender-Borrower Agreement begins when the Borrower accepts the offer proposed by the Lender. The price may be $0.

Both the Lender and the Borrower may:

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    Review and rate each other when allowed to do so by Lend


The Lender must:

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    Provide use, access, or control of the item to the Borrower for the entirety of the Duration, starting at the Start Time. If the item is not provided to the Borrower for the entirety of the Duration, starting at the Start Time, the Lender may be liable for refunding the Lender and/or for reputation damage (for example: a bad rating may damage the Lender’s reputation).

  • ◦  

    Bear the burden of proof if the Borrower has damaged or lost the item


The Borrower must:

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    Return the item to the Lender at or before the duration has ended. If the item is not provided to the Lender at or before the duration has ended, they may be liable for paying up to the full value of the Item to the Lender.

  • ◦  

    Protect the item when reasonable to do so

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    Pay damages to the Lender in the event that the item is damaged during the agreement. Even if the damage to the item is not done by the Borrower, the Borrower is still responsible for the damages. The damages paid to the Lender shall be the amount of the damage (as determined by Lend, as determined by a court, or as agreed upon by both the Lender and the Borrower), plus any service fees. These damages may be taken, in full or in part, from a card hold or deposit required by the Lender.


Both the Borrower and the Lender agree that:

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    They allow their interactions with each other to be filmed, photographed, or otherwise monitored

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    Lend may or may not become involved with their interactions

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    Lend is in no way liable for any actions taken by the Lender or Borrower

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    Lend does not make any guarantees.


As part of our Services, the Lender and Borrower may agree to:

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    Modify the start time, price, or duration set in the agreement.

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    Cancel the agreement

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    Request a refund. At Lend’s discretion, a refund, in full, or in part may be issued. Refunds are not guaranteed. If the refund is issued, both the Lender and the Borrower are freed from any remaining obligations in the Lender-Borrower Agreement.


If a Lender or a Borrower does not agree to Lender-Borrower Agreement, the Lender or Borrower should not enter a Lender-Borrower agreement.

If any part of this agreement is not enforceable, this will not affect any other part of this agreement.

Introduction

We hope you enjoy our product! Here’s what we do with your information.

Lend collects information about you when about you when you use our mobile applications, websites, and other online products or services (collectively, the “Services”) and through other communications and interactions you have with us.

When you share information with us, we use that information to make our services better, to help you connect with nearby users and to improve your user experience.

Our privacy policy explains the information we collect, why we collect that information, and how we use that information.

This Privacy Policy governs the manner in which Lend collects, uses, maintains, and discloses information collected from users (each, a "User") of the Services. This privacy policy applies to all products and services offered by Lend.

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our website or mobile application, register on our website or mobile application, fill out a form, and when Users do anything in connection with other activities, services, features or resources we make available in our Services. Users may be asked for, as appropriate, name, email address, home address, phone number, current location, Facebook information, PayPal information, Venmo information, banking information, SSN (or other governmental issued verification numbers), and credit card information. We may ask for additional information in ways not described in the Privacy Policy. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identifying information, except that it may prevent them from engaging in certain Services related activities. When signing in using social networks, we will collect your profile picture, name, personal website (if applicable), friends using Lend (if applicable), and/or bio (if applicable). Some or all of the personal information provided by users may be made available to other users as part of the Services.

We aim to have secure and safe Services. In order to do this, we may ask for additional identity verification from you, or request information about you from third parties to perform fraud prevention, identity verification, and similar services.

Non-Personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Services. Non-personal identification information includes, but is not limited to: the browser name, the device used to access our Services, and technical information about a User’s means of connection to our Services, such as the operating system and the Internet service providers utilized, and other similar information. Non-personal identification information also includes information such as the number of messages sent by a user before they agree to borrow an item.

Web browser cookies and similar technologies

Our Services may use "cookies" or similar technologies to enhance User experience. User's web browser places cookies similar technologies on their device for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Services may not function properly.

Local Storage

We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

How we use collected information

Lend may collect and use Users personal information for the following purposes:

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    To improve customer service

    Information you provide helps us respond to your customer service requests and support needs more efficiently.

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    To personalize user experience

    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Services.

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    To help mediate user interactions

    We may use user messages, locations, and any other user interactions to help determine an appropriate mediation recommendation for disputes or arguments between users.We may use user messages, locations, and any other user interactions to help determine an appropriate mediation recommendation for disputes or arguments between users.

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    To improve our Services

    We may use feedback you provide to improve our products and services.

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    To analyze user patterns

    We use Google Analytics in order to determine user patterns. We use these patterns to determine which Services are preferred and where users may be having difficulties. We may use your Google Analytics information for any purpose. We will not share your Google Analytics information with anyone other than you. Google Analytics information can track all of your interactions with Lend. Google Analytics does not track any personally identifying information other than a number associated with your account.

  • ◦  

    To process payments

    We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

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    To troubleshoot and resolve disputes

    In the event of a problem, we may use or share your information in order to help fix the problem.

  • ◦  

    To verify user identities

    Information you provide helps us verify your identity.

  • ◦  

    To send periodic emails

    We may use the email address to send User information and updates pertaining to their use. It may also be used to respond to their inquiries, questions, and/or other requests.

  • ◦  

    To send push notifications

    We may use information unique to the phone of a User to send User information and updates pertaining to their use. It may also be used to respond to their inquiries, questions, and/or other requests.

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    To send text messages

    We may use the phone number to send User information and updates pertaining to their use. It may also be used to respond to their inquiries, questions, and/or other requests.

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    Any reason

    We may collect information about you for reasonable reasons not specifically mentioned in this Policy.


How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our servers. We use modern security measures including, but not limited to: sending information only via transport layer security (TLS) or secure socket layer (SSL) connections, encryption, firewalls, hashing and coding with security in mind. We also use Cloudflare to provide even further security benefits. Our credit card processing is handled by one or more of the following companies: Braintree, Venmo, or PayPal. Braintree, Venmo, and PayPal are all secure Payment Card Industry compliant businesses.

Despite our security efforts, we cannot guarantee that user information will never be destroyed, disclosed, accessed, or altered via a breach of our technical defenses, our administrative safeguards, or through an unknown means. If Lend becomes aware of a breach of your personal data, Lend will attempt to notify you electronically, in writing, and/or in person. By using our Services, you consent to allowing Lend to contact you if a breach occurs.

Sharing your personal information

We do not sell, trade, or rent Users’ personal identification information to others. We may share some of your personal information with other Users as part of the Services. Personal information that may be shared with other users includes, but is not limited to: contact information, location, name, and information generated by your use of our Services. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, potential business partners, trusted affiliates, advisors, and advertisers. We will not disclose your credit card number and bank account number to anyone other than Braintree Inc., PayPal Holdings, Inc., and Venmo, LLC unless required by law. We may share Users information with any person, party, or other entity if required by law to do so. We may share User information with reputable third party service providers to verify User identities for fraud prevention purposes. With your consent or direction to do so, we may share your personal information with other third parties.

In the event that we merge with another company or are acquired by another company:

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    We may share your personal information with the other company if they continue to follow this privacy policy.

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    If your personal information could be used contrary to this policy, you will receive an electronic notice if possible.


Third Party Websites

Users may find advertising or other content on our Services that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Services. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Services, is subject to that website's own terms and policies.

Compliance with the Children's Online Privacy Protection Act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information as part of our Services from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Changes to this Privacy Policy

Lend has the discretion to update this Privacy Policy at any time. When we do, we will post a notification on getlendapp.com, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Your acceptance of these terms

By using our Services, you signify your acceptance of this Privacy Policy and our Terms of Service. If you do not agree to this policy, please do not use our Services. Your continued use of the Services following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of our Services, or your dealings with our Services, please contact us at:

Lend

getlendapp.com

[email protected]

This document was last updated on August 8, 2015

Privacy policy created in part by Generate Privacy Policy

Refunds can be issued if both the lender and the borrower agree that a refund should occur. We can also grant refunds when it is reasonable to do so. If you would like a refund, please contact us.

Prohibited Items and Activities

We prohibit certain items and activities because they may be inappropriate, risky, illegal, or for other reasons.

The following items and activities are prohibited:

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    Services or activities of any kind

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    Cash or cash equivalent instruments- including, but not limited to: money orders, checks, or any other cash substitute

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    Collection Agencies- any type of offer relating to the collection of debt

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    Illegal, Inappropriate, or Offensive Items- any item that violates federal, state, or local regulations or that would be offensive to others

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    Adult oriented products and services- including, but not limited to: sexually explicit materials, escort services, dating services, or prostitution services

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    Alcohol- including, but not limited to any liquor, wine, and beer

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    Drugs or other illegal items or services- includes, but is not limited to: drug paraphernalia, drugs, mail order or online pharmacies, anything requiring a prescription, and other drug related activities

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    Firearms and weapons – including, but not limited to: guns, ammunition, pistols, rifles, shotguns, grenades, knives, and any other type of weapon

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    Animals

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    Gambling related items and services- including, but not limited to lottery tickets, sports betting, or any other type of gambling

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    Marketing Businesses- without separate prior approval from Lend, Users shall not promote businesses

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    Memberships- including, but not limited to: lifetime guarantees or memberships and membership clubs

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    “Get Rich” businesses- including but not limited to any product or service that promises: guaranteed future results, informative guides, or incentives/premiums


Users must meet all appropriate regulations governing the use, handling, and other interactions with items when using the Services. With explicit written approval from Lend, Users may be granted temporary or permanent permission to offer or request certain prohibited items.

Lend reserves the right to remove any content or User from our Services without warning or cause. If we find that any User or transaction violates our prohibited items policy OR for any reasonable reason regarding the circumstances of your use, we may take any action we deem appropriate , including, but not limited to: holding funds associated with a prohibited transaction, suspending or removing Users from our Services, reversing transactions, or any other corrective actions.