LendingKarma Terms of Service Agreement (Updated 2/5/14)
IMPORTANT: THIS NOTICE GOVERNS USE OF THIS WORLD WIDE WEB SITE ("SITE") LendingKarma.com. BY USING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Copyright in the content of this site, including the screens displaying the pages and their arrangement, is owned by LendingKarma.com unless otherwise indicated. All rights reserved. Users of LendingKarma's World Wide Web site pages (the "Work") shall only be entitled to copy the Work for their own personal use but may not republish nor reproduce any substantial part of the Work in any manner whatsoever, including electronically reproducing this Work by "uploading", "downloading" or accessing the Work on to the Internet or any other local or international computer system, without the prior written permission of LendingKarma, and any such unauthorized use constitutes copyright infringement.
Definitions“Borrower” or "Lender" means a User that utilizes the Services to create a loan agreement and/or payment processing for a loan agreement.
“LendingKarma.com” is a DBA for GrokitLabs, Inc. (http://grokitlabs.com), a California corporation, that provides specialized loan documentation, payment tracking services, and electronic payment processing services to individuals and businesses involved in private loan transactions.
Where “LendingKarma” is used it refers to "LendingKarma.com" and may be used interchangeably in this agreement.
“Payment Plan” means the payment plan selected by the User upon registration with LendingKarma.
“Services” means any and all services offered to Users through LendingKarma’s software, including electronic payment management and software for the creation and management of loan documentation and payment tracking.
“Software” means the computer programs or routines made available to Users by LendingKarma at www.lendingkarma.com, through mobile device applications, through downloadable software, or through any other related domains or subdomains under the control of LendingKarma.
“Terms” means these Terms of Service, as may be modified or amended by LendingKarma pursuant to these Terms.
“User” or “you” means any person or entity that registers as a user on LendingKarma’s website, whether a Borrower, Lender, or ThirdParty.
“User Data” means any data uploaded or entered by a User and hosted/stored by LendingKarma.
User of Services, Intellectual PropertyAn acknowledgement of the source must be included whenever LendingKarma material is copied or published. If you require further information on a permitted use or license to reproduce or republish any material, address your inquiry to [email protected] Any infringement of LendingKarma rights will result in appropriate legal action. LendingKarma disclaims any and all liability for any consequences which may result from any unauthorized reproduction or use of this Work whatsoever. Use of any software downloaded from this site is governed by the terms of any license agreement provided with that software.
Not all products and services that other country residents may be interested in are available in that country.
LendingKarma's products and services are available in accordance with local law and only if they may be lawfully offered for sale in any particular jurisdiction. All LendingKarma products and services are subject to the terms of applicable agreements.
LendingKarma.com provides specialized loan documentation and payment tracking services to individuals involved in private loan transactions. LendingKarma.com is not a law firm or accounting firm and does not provide legal or tax advice. A private loan is a significant legal transaction and every person's situation is unique.
Any individual contemplating a private loan transaction should carefully review the risks and benefits of such a transaction before entering into it. LendingKarma.com does not give legal advice in any form or practice law in any way, and LendingKarma.com makes no assurances or warranties, express, implied, or statutory that the Loan Documents or the terms of the Loan are legally enforceable in a specific jurisdiction by any competent court or administrative body.
Use of Loan DocumentsBorrower and Lender hereby agree that the Loan Documents and any other services provided by LendingKarma.com are intended solely for the specific transaction between Borrower and Lender and are for the sole and exclusive use of Borrower and Lender. Any subsequent modifications by the Borrower or Lender to the Loan Documents are done at the sole risk of the party making the changes. LendingKarma.com will not be responsible for the legal validity of such changes or the affect such changes may have on the validity or enforceability of any Lon Documents which have been altered by the Borrower or Lender.
The Loan Documents provided by LendingKarma.com may not be copied, modified, published, broadcast, or otherwise distributed. Any commercial reproduction or redistribution of the Loan Documents not in accordance with this Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any other use of the Loan Documents other than those contemplated by this Agreement constitutes a violation of this Agreement.
Compliance with state and federal lawsBorrower and Lender are solely responsible for assuring that requirements under any state or federal laws that may apply to the Loan have been met, including the preparation and delivery of any disclosures, notices or other documents required by state or federal law.
Validity of Terms of LoanBorrower and Lender are solely responsible for establishing the terms of the Loan and for determining if the Loan terms are in compliance with any applicable local, state or federal laws, including but not limited to laws relating to usury and income tax liability. LendingKarma.com makes no representation regarding the legal validity or enforceability of the terms of the Loan between Borrower and Lender and assumes no responsibility under this Agreement for enforcing or interpreting the terms of the Loan. Provision of Loan Documents formalizing the Loan between the Borrower and Lender do not imply LendingKarma.com's endorsement of, liability for or participation in the creation of the terms of the Loan, or any contract, agreement or other arrangement, whether lawful or illicit, reached by Borrower and Lender.
Any dispute between or among Borrower and Lender and their respective successors in interest regarding sums due and paid, or for the compliance with other terms under the Loan Documents and any underlying agreement and similar matters is not the responsibility of LendingKarma.com. Borrower, Lender and their respective successors in interest jointly and severally shall indemnify and hold LendingKarma.com harmless from any liability, claim, demand, loss or expense by any party against LendingKarma.com as a result of or arising out of its performance of the services described in Section I above.
Fees; PaymentsThe fees for the Services and Software for your relevant Payment Plan are set forth on LendingKarma’s website. You hereby authorize LendingKarma to charge the fees associated with your Payment Plan to either your credit card or your Dwolla account. Any transaction based fees may be collected at the time such transaction is processed, while any monthly fees will be charged on a monthly basis. LendingKarma shall provide at least monthly reports showing the total fees you paid during such month.
Third Party Payment ProcessingLendingKarma is not a payment processor and does not handle your personal financial information or process financial transactions. Rather, LendingKarma uses application programming interfaces (“APIs”) provided by third party payment processors to facilitate the delivery of the Services. Currently, LendingKarma utilizes the Dwolla API, which provides a mechanism for its users to send or receive instantaneous electronic funds transfers. To use LendingKarma’s Services, you must create a Dwolla account and allow LendingKarma to link to your Dwolla account. Dwolla will maintain all of your financial information and provides a secure mechanism for LendingKarma to send instructions through the Dwolla system without accessing such financial information, except that the Dwolla API may permit LendingKarma to receive information about your current Dwolla account balance or information necessary to confirm that a transaction has been completed. All transactions processed using Dwolla, your relationship with Dwolla, and LendingKarma’s access to your Dwolla account information are governed solely by Dwolla’s terms and conditions (including for its API) and such other documentation provided by Dwolla on its website at www.dwolla.com. LendingKarma is not responsible for any failures or malfunctions of Dwolla’s system, or any other third party system.
SecurityUsers acknowledge that LendingKarma uses third party data centers and hosting services to store the User Data. All facilities used to store and process User Data will adhere to reasonable security standards no less protective than the security standards at facilities where LendingKarma stores and processes its own information of a similar type. All such facilities are required to implement at least industry standard systems and procedures to ensure the security and confidentiality of User Data, protect against anticipated threats or hazards to the security or integrity of User Data, and protect against unauthorized access to or use of User Data.
Disclaimer of Warranty. BORROWER AND LENDER HEREBY AGREE THAT LendingKarma.com PROVIDES THE LOAN DOCUMENTS "AS IS" AND, AS PERMITTED BY GOVERNING LAW, WITHOUT ANY WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY AS TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. IN NO EVENT SHALL LendingKarma.com BE LIABLE FOR (I) DAMAGES CAUSED OTHER THAN BY INTENTIONAL MISCONDUCT OR (II) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, OR LOSS OF PRIVACY), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE LendingKarma.com WEBSITE OR ANY OF THE ASSOCIATED SERVICES, EVEN IF LendingKarma.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Malfunction of Computer Equipment and SoftwareLendingKarma.com shall not be responsible for any failure in the Services due to malfunction or loss of equipment, software or Internet service providers used by Borrower, Lender or Representative; or from the malfunction or failure of equipment, software or services used by LendingKarma.com which are beyond the reasonable control of LendingKarma.com.
Unauthorized Access or Interception of Data.LendingKarma.com will have no liability in connection with any unauthorized interception, alteration or use of data relating to the Services including, but not limited to, e-mail correspondence; any inability to use or access the Services or the LendingKarma.com website for any reason; any actions or transactions by an individual or party using Borrower's, Lender's and/or Representative's name and password without authorization; or any cause over which LendingKarma.com does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or the parties' respective Internet service providers.
Refund PolicyLendingKarma is happy when you’re happy. We want to ensure that you are successful and satisfied using our products. If for any reason you are not happy with your purchase simply contact us within 60 days of your purchase and we’ll gladly refund the full purchase price, no questions asked.
Support ServicesLendingKarma shall provide online support for the Software through its website, by email to [email protected], or as otherwise provided on the website that may be applicable to your Payment Plan. The Software, like all software products, is a continual work in process. LendingKarma will determine whether and when to correct reproducible errors by considering the number of Users affected and the effect of the error on the Software’s overall performance, all in its sole and absolute discretion. LendingKarma has no obligation to provide support under these Terms if support is required due to: (a) improper use or failure of other software or systems not covered under these Terms, (b) failure of customer’s computer hardware and/or related systems, (c) any upgrade/update for existing User Data files or other third party software services required in relation to the installation of a Software update provided under these Terms, (d) the migration of existing User Data files to the Software, or any services required in relation to the installation of or update to any other software or systems which are not part of the Software, or (e) accident, neglect or “Acts of God”.
CureYou agree to notify LendingKarma in writing of any claimed error or defect in the Software or of its failure to perform substantially in accordance with the specifications set forth in these Terms. LendingKarma will determine whether and when to correct reproducible errors by considering the number of users affected and the effect of the error on the Software’s overall performance, in LendingKarma’s sole and absolute discretion. LendingKarma shall have a commercially reasonable amount of time to cure any such failure, in no cases less than five (5) business days.
Access to and Use of SiteLendingKarma adheres to the highest security measures on its LendingKarma.com websites. Sensitive communication between you and these sites is always protected via encryption while in transit. However, LendingKarma advises you that, unlike communication with our website, we have no control over the privacy of your e-mail communications with us. We recommend that you not include private and sensitive information in e-mails to the us, including, but not limited to, account numbers, passwords, etc. LendingKarma and its subsidiaries and affiliates will not be responsible for any damages you may suffer if you transmit confidential or sensitive information to us through e-mail.
Facts and data provided by LendingKarma, its subsidiaries and affiliates and other sources are believed to be reliable when posted. LendingKarma cannot guarantee that they are accurate or complete or that they will be current at all times. Information on this WWW site is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. LendingKarma, its subsidiaries and affiliates, are not responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of this WWW site.
Hyperlinks to other Internet resources or web sites are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by LendingKarma and its affiliates. Sites accessed by hypertext appearing in this LendingKarma site have been independently developed by parties other than LendingKarma and LendingKarma does not guarantee the accuracy of information contained in such sites. The listing of an organization in this site should not be construed as an endorsement of its services or products, and LendingKarma will not be responsible for any losses suffered in visiting those sites.
TrademarksLicensed and Authorized Use “LendingKarma”, "Lend Wisely", and “What Goes Around Comes Around” and each of their logos are trademarks of GrokitLabs Inc., a California Corporation. All rights reserved. All other trademarks appearing on LendingKarma are the property of their respective owners.
The display of trademarks herein does not imply that a license of any kind has been granted. Adobe; Adobe and Design and Acrobat are registered trademarks of Adobe Systems Corporation in Canada.