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Terms & Conditions

Terms and Conditions

Product Owner

Congratulations!!! You have decided to rent some of your products you own but do not regularly use. Peer to peer rental transactions is an ever-growing segment of our economy. However, you may be concerned about what happens if your rental asset is lost or damaged during the rental period.

This Product Owners terms and conditions contains the terms that govern your access to and use of the services through a particular account or accounts and is an agreement between you or the business you represent ("you") and LEND INC., with regards to the use of the services rendered via www.lendthat.com (the “website or site”).

By registering for or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this agreement.

As used in this Agreement, "we," "us," and "LEND" means the LEND INC named in the applicable Product Owners Terms and conditions. If there is any conflict between these PRODUCT OWNER TERMS and the GENERAL TERMS AND CONDITIONS as it relates to a registered Licensed professional on the platform, the General Terms and Conditions agreement shall prevail in any issue as it relates to registered Product owners listing properties on the site.

Acceptance of this Agreement directly or indirectly shall include your affirmative action of clicking on “I Accept/I Agree” provided at the end of the Agreement;
Agreement shall mean this Product Owners terms and conditions in its entirety and shall include any amendment thereto, from time to time;
Renter shall mean the person who accept the product owners offer to provide rental services listed on the site.
Selling Price shall mean the price of the products as exhibited on the website.

It is important to check with your Homeowner’s insurance company and/or insurance agent for your homeowner’s insurance policy to see if there is coverage for personal property rented to individuals who are not members of your household. Some insurance companies provide coverage for this rental exposure; some insurance companies have special endorsements to cover the rental exposures, which charge an additional premium; whereas many homeowner’s insurance companies exclude any coverage for renting of your personal property.

The rental platform offers a limited / conditional protection plan for your “products” (personal property). The protection plan is for direct physical damage for your item rental asset. The name for the protection plan is the Rental Protection Plan (RPP). The terms and conditions for the RPP offered by Lend, are disclosed in the rental agreement between you, (the owner of the property), and Lend. The RPP is not an insurance product and only provides direct physical damage reimbursement for the rental asset during a confirmed rental transaction with the rental platform.

When a renter takes temporary custody of the personal property during the rental term, they are responsible for the care, custody and control of the item rental asset until they return it and it is accepted by you, the asset owner, at the end of the rental term. Any party to these rental transactions accepts that when the custody of a rental asset is turned over transferred to another party to the rental transaction in any part of the rental process the party transferring custody of the rental asset warrants and represents that the item rental asset is in good working condition.

Your rental transaction is not a sale of the rental asset.

Some important issues about the RPP:

Not all assets you own are protected by the RPP. For a listing of assets excluded by the RPP (See Exhibit A, located at the end of this document).
The RPP is activated when the rental asset(s) become confirmed in a rental transaction accepted and confirmed by the rental platform and custody has been transferred in accordance with the approved rental transaction.
The rental asset valuation is used as the basis for calculating the fee the renter will pay for the direct physical damage, loss or mysterious disappearance of the rental asset, which is included in the rental transaction fee paid by the renter during the confirmed rental transaction.
There is a limited time period when a rental asset is covered for Direct Physical damage. The rental asset is only covered for direct physical damage during an approved rental transaction. You, as the owner of the rental asset, have the potential to recover funds to replace the lost or damaged rental asset, through the RPP. The RPP does not provide any protection before the rental period starts and there is no protection after the rental transaction ends. However, you have a limited time period to make a claim for loss or damage from the rental transaction.
The RPP has a per claim deductible equal to the amount you, the product owner, puts as the hold price. The renter is responsible for the per claim deductible. The credit card processor will create a “hold” on the renter's credit card. The credit card hold will be released when the rental transaction period is over, confirmed by the rental platform, and if there was not a damage or loss claim.
The RPP is activated when the renter has taken possession thereby taking care, custody and control of the rental asset and the platform has confirmed a valid rental transaction.
The RPP ends when renter:

Transfers custody back to the owner of the rental asset and you, the owner, have concluded the rental agreement with the platform and you the owner of the rental asset has accepted the rental asset in the condition as presented by the renter. The RPP effective time period starts when the rental asset is exchanged with the renter. The RPP does not include loss or damage done while the rental asset is in transit to or from the exchange location while in the custody of the asset owner.

Rental Asset Valuation is important to understand

As the owner of the rental asset, you will be asked to agree to the value of the rental asset as determined by the rental platform. The rental platform will generate a valuation that will be used as valuation for the replacement value of the rental asset. It is important for the rental asset owner to provide a detailed description of the rental asset, including any and all accessories. (See item 8 b) below for additional information concerning valuation).
The platform (using a service provider) searches the internet to confirm the replacement cost of the designated rental asset, or the value of a similar asset. The valuation of the rental asset from the internet search will be the valuation used in processing a claim, will determine the “hold back” on the renter’s credit card, will be the basis for calculating the direct damage protection (RPP), and overrides the valuation provided by the asset owner at the time of listing the asset for rental.
The owner of the rental asset should learn as soon as possible, of the asset valuation determined by the rental platform. The asset owner has the option to withdraw the rental asset from the asset sharing platform before any rental transactions start.
The rental asset valuation is used as the basis for calculating the fee the renter will pay for then RPP. The maximum claim paid is determined by the value of the asset as determined above and is a maximum of $5,000 US dollars as per the platform's insurance policy.
RPP reimburses the asset owner for direct physical damage, loss or mysterious disappearance of the rental asset, which is included in the rental transaction fee paid by the renter during the confirmed rental transaction. The terms and conditions for reimbursement are contained in the rental agreement.

The value of the asset is calculated and set when the rental asset is posted on the platform and then valued at the time of confirmation of rental transaction. The rental asset value to be used for claims processing and calculation for direct damage coverage is the value determined by the platform through the rental asset value confirmation process. By agreeing to the terms and condition of the rental agreement, the asset owner and asset renter agree to the rental asset valuation performed by the platform for the rental confirmation process.

The Claims Process consists of the following steps:

Either the owner or the renter can initiate a claim under the Rental Protection Plan (RPP) by going to the claims section on the platform’s website and using the claim team. This must be done within 24 hours of the end of the rental transaction.
Claims can only be made by the platform team as linked by the rental platform. The notification will establish the first notice of claim. The claims team will ask a series of questions about the claim. These will include, but are not limited to, a description of what happened and why the person is making a claim, and other details. Failure to provide any of this information may delay the processing of the claim and/or result in a denial of the claim.
The claim notification process will require you to provide information about the claim occurrence. Please be prepared to provide the information at the time of reporting the claim. Be prepared to upload photos, videos and witness statements of the claim occurrence.
If the rental asset is stolen or missing, the renter is responsible for notifying the local police and obtaining an incident number from the police that received the notification of the lost rental asset. The claims team will require a copy of the police report from the local police station notified where the disappearance occurred. The claim will not be reviewed until the police report is obtained and no money will be disbursed until that time.
The claims team will also assign a platform claim number. You will be potentially contacted by the claims team who will be handling the claim for the platform.
If the claim is confirmed to be a valid claim, the owner of the rental asset will be paid electronically by the platform.
For any confirmed RPP claim that is settled with a payment resulting from damage to the owner's asset incurred during a rental transaction, the asset owner will be required to sign a settlement agreement indemnifying the Lend or other entities against subsequent claims for this rental transaction.

Exhibit A

Items that are excluded under this program are as follows:

Aircraft of any kind including items with an FAA identification number
Powered watercraft of any kind (including boats and jet skis)
Autos of any kind (including cars, trucks, snowmobiles, all-terrain vehicles, RV’s or anything else motorized)
Firearms or Weapons
People or animals
Medical Devices
Alcohol, tobacco, guns, drugs and drug paraphernalia
Illegal items, items promoting illegal activity and highly regulated items
Internationally regulated items
Pornography and mature content
Items that violate third party intellectual property rights
Heavy Construction Related Equipment

Listing Terms

By using the Listing Service to list product(s) on the Site, you represent and warrant that:

(a) the product is eligible to be submitted using the Listing Service, meaning the property is not anything excluded under Exhibit A of this agreement;

(b) you own or have the right to advertise the product you are submitting;

(d) you are willing to rent the listed product at the price and on any other terms specified in your submission;

(e) upon renting out the product, you will within 72 hours delete the availability of that product;

(f) you will not use the Product Listing Service to advertise or promote anything, including, without limitation, any product, service or business, other than the unique product offered for lease or sale;

(g) you will not use the Product Listing Service or the Site for any fraudulent, false, misleading or deceptive activity;

(h) all Content that you provide to LEND and everything in your submission, including without limitation, any photos or text description, is truthful, accurate and complete and comply with all local, state and federal laws and regulations;

(i) you are solely responsible for any and all submissions you add using the Product Listing Service, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site;

(j) you have all the rights necessary to post your product using the Product Listing Service, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and

(k) photos you upload to the Product Listing Service will only show the product submitted for rent, and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or items excluded in Exhibit A of this terms. By submitting product(s) via the Product Listing Service, you grant to LEND, its affiliates, and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant LEND includes express permission to syndicate the product(s) submission and Content to affiliated or partner sites. LEND reserves the right, in its sole discretion, to remove any submission or Content from the Product Listing Service, without notice and without liability, that does not meet the requirements of these terms and conditions, or if LEND otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason.

(l) You agree to put contact information (email addresses and phone numbers) on the website so that potential renters may contact you directly. You also agree to allow interested parties to contact you directly through email or phone.

(m) Regarding the use of your contact information, you accept and understand that we are not liable for any such use/misuse that occurs outside of our control. (For example, spam calls, emails, and other harmful or unwelcome contact).

(n) You agree to receive alerts, notifications, promotions, and other information from US via phone/email in addition to direct contact with possible renters.

Fees & Commissions

LEND charges the product owner fee for platform listings and advertising. These charges are used to provide, maintain, and operate the Website. Lend charges both the owner and renter 10% of the rentsal fee. You accept and recognise that we have the right to increase the subscription cost in order to satisfy economic needs. Please keep in mind that we do not charge any fees to users who do not provide services on the site.

Acceptable mode of Payments for transactions on the site can be done via credit cards - VISA, MasterCard, AMEX, and DISCOVER. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.

Currency. LEND offers the ability to pay for Services in a number of different currencies. If your local currency is not supported by your account, the price payable for Services will be converted, using the applicable exchange rate, at the time of purchase.

Billing Issues and Support. You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please contact us by clicking on the “contact us” hyperlink at the bottom of our webpage

Prohibitions.

We strongly oppose the marketing of unlicensed material on the internet; if a user is no longer licenced, we recommend that you change your profile type to consumer. If we discover that you are providing unauthorised work, we will not hesitate to ban the user from the website or services. You also promise that there will be no harassment or spam on the platform.

Third – Party service providers

We employ companies and individuals to perform functions on our behalf. Viz. fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. The Product owners would be provided access to personal information needed to perform their functions, which they shall not use for any other purposes without our explicit consent.

Promotional Offers

Sometimes we send offers to selected groups of LEND customers on behalf of other businesses. While sharing, we do not share the detail business your name and address. If you do not want to receive such offers, please adjust your Communication Preferences.

Governing Law

This Agreement shall be interpreted under and governed by the laws of Pennsylvania as applied to an agreement made and wholly performed within the Pennsylvania.

Waiver

Failure to enforce compliance with any terms or conditions of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.

Severability

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.

Product Renter Terms and Conditions

www.lendthat.com, is owned and operated by LEND INC., carrying on its business activities in Pennsylvania. These terms and conditions govern your use of the services offered on the LEND website.

These Terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you, or, renter, or, user”) and LEND INC., (“LEND, we,” “us” or “our”), concerning your access to and use of www.lendthat.com, and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, “the website or site” or LEND”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these terms and conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Congratulations!!! You have decided to help yourself and your neighbor.

Peer to peer rental transactions are an ever-growing segment of our economy. By renting personal property owned by a neighbor, you benefit, as well as your neighbor. However, you may be concerned about what happens if the rental asset is lost or damaged during the rental period.

It is important to check with your insurance company and/or insurance agent for your homeowner’s insurance policy to see if there is coverage for personal property you rent from individuals who are not members of your household or from rental businesses. Some insurance companies provide coverage for this rental exposure; some insurance companies make an additional premium charge for a special endorsement to extend coverage for the rental asset during the rental term; however most homeowner’s insurance companies exclude any coverage for renting personal property.

The rental platform offers a limited / conditional protection plan for “stuff”, the personal property you rent. The platform provides a protection plan for direct physical damage for the owner of the item you are renting. The name for the protection plan is the Rental Protection Plan(RPP). The terms and conditions for the RPP offered by the rental platform is disclosed in the rental agreement between you, (the renter of the property), and the rental platform. The RPP is not an insurance product and only provides direct physical damage reimbursement for the rental asset during a confirmed rental transaction with the rental platform.

When you take temporary custody of the personal property during the rental term, you are responsible for the care, custody and control of the item until you return it and it is accepted by the asset owner at the end of the rental term. Any party to these rental transactions accepts that when a rental asset is turned over to another in any part of the rental process that the item is in good working condition.

Your rental transaction is not a purchase of the rental asset.

Some important information about the RPP:

1. Not all assets you could rent from the rental platform are protected by the RPP. For a listing of assets excluded by the RPP (See Exhibit A).

2. The RPP is activated when the rental asset(s) become confirmed in a rental transaction accepted and confirmed by the rental platform and custody has been transferred in accordance with the approved rental transaction.

3. The rental asset valuation is used as the basis for calculating the fee the renter will pay for the direct physical damage, loss or mysterious disappearance of the rental asset, which is included in the rental transaction fee paid by the renter during the confirmed rental transaction. As an example, this what you (the renter) agree to how the product you’re renting will be valued whether you choose to opt into RPP or not:

The basic starting point in the pricing of the item up for sharing is its price new. This is due to the fact that the protection being offered is to fully repair or replace any particular item due to a covered loss and to make the asset owner whole in the transaction and subsequent loss.
The range in the initial grid of the pricing structure is 10 – 20% of the value new on annual basis. This allows Lend to vary the pricing based upon the item’s exposure to loss for covered risks. This exposure varies by item with such items as a sleeping bag being on the low-risk grid (10%), to a mid-level item of perhaps a TV (15%) to an upper level item of a sophisticated camera or a 3D printer (20%).
As an example, let’s use a 45” Toshiba Smart TV, valued new at $650. Let’s also assume that it assigned a mid-level exposure to loss (15%). Then the annual rate becomes $650 x 15%, or $97.50. This rate remains fixed until we collect enough credible loss experience across all platforms to adjust the rate either upward or downward. Our dynamic pricing algorithm allows for instantaneous adjustment based upon the item’s experience.
Daily: 1/30^th of the annual rate, or $3.25 per day. This is based upon the major rental businesses pricing approach, which is an optional coverage

4. There is a limited time period when a rental asset is covered for Direct Physical damage. The rental asset is only covered for direct physical damage during an approved rental transaction.

5. The owner of the rental asset has the potential to recover funds to replace the lost or damaged rental asset with the RPP. The RPP does not provide any protection before the rental period starts and there is no protection for the rental asset once the rental transaction ends. However, you have a 24-hour time period to make a claim for loss or damage from the rental transaction.

6. The RPP has a per claim deductible equal to the amount the product owner puts as the hold price. You, as the renter, are responsible for the per claim deductible. The credit card hold will be released when the rental transaction period is over, confirmed by the rental platform, and if there was not a damage or loss claim.

7. The RPP is activated when the renter has taken possession thereby taking care, custody and control of rental assets and the platform has confirmed a valid rental transaction.

8. The RPP ends when the renter transfers custody back to the owner of the rental asset. The RPP effective time period does not include loss or damage done while the rental asset is in transit to or from the exchange location while in the custody of the asset owner.

IMPORTANT: If the renter does not opt-in to RPP, they will be responsible for all damages to the product owner’s item. This is including lost or stolen items, broken products, and all other damage to the product owner’s item while in possession of the product.

9. Rental Asset Valuation is important to understand

a) The platform (using a service provider) searches the internet to confirm the replacement cost of the designated rental asset, or the value of a similar item.

b) The rental asset valuation, confirmed by the platform, is used as the basis for calculating the fee the renter will pay for the direct physical damage, loss or mysterious disappearance of the rental asset, which is included in the rental transaction fee paid by the renter during the confirmed rental transaction.

c) The rental asset value to be used for claims processing and calculation for direct damage coverage is the value determined by the platform for the rental asset value confirmation process. By agreeing to the terms and condition of the rental agreement, the asset owner and asset renter, agree to the rental asset valuation performed by the platform confirmation process.

Some important information to note about the Claims Process: Any of the entities involved in the rental transaction can file a direct damage personal property claim by going to the Lend app or website when a product is picked up or returned, or by emailing Lend Support at Support@lendthat.com within 24 hours of the end of the rental period.

Notice of claim has the potential to be made by the renter, owner and or platform via the outlets noted above in section 6B. First notice of claim is very important.
The notification will establish first notice of claim. The claims section will ask a series of questions about the claim. The claim notification will request:

the date, time, location, and the names of all individuals who were part of the rental transaction;
a description of what happened;
where the incident occurred;
who was present when the incident occurred? Provide witness statements if possible and upload the witness statements to the claim team on the rental platform;
on whose behalf are you making the claim and the phone number of the claimant? The phone number is important to allow the claims team is able to contact anyone involved later, to ask any additional questions; and
provide photos and or video of the damage(s) and upload the images to the claim team.

If the rental asset is stolen or missing, the renter is responsible for notifying the local police and obtaining an incident number from the police that received the notification of the lost rental asset. The claims team will request a copy of the police report from the police station notified where the disappearance occurred. The claim will not be reviewed until the police report is obtained and no money will be disbursed until that time.
The claims team will also assign a platform claim number. You will be potentially contacted by the claims team who will be handling the claim.
If the claim is confirmed as a valid claim, as determined by the claims team, the owner of the rental asset will be paid by the platform via a transaction processed by the credit card processor for the rental transaction to the asset owner’s credit card.
For a valid RPP claim, the product owner will be paid 90% of the confirmed asset value or the claim value, up to 60 days after claim is finished being reviewed. The other 10% of the asset value or claim amount (or $25.00 whichever is larger) is paid to the platform by the credit card processor from the “holdback” on the renter’s credit card.
The renter has the potential to be paid by the platform for approved expenses incurred during an approved rental period for fixing or replacing broken or damaged parts to the rental asset. In order to be reimbursed for these expenses, the renter must first seek pre-approval by following the steps listed below, before initiating any fixes/replacements to the asset.

The renter must contact the platform at the contact information in your agreement to notify the platform that there is an issue and provide as much detail as possible including contact information and location. The platform can contact the claims team to determine how to proceed for a repair situation.

The claims team could ask for details such as photos of the damage, if there is a repair or parts shop nearby, if the renter has received an estimate, etc.

The claims team will determine if the estimate is reasonable and the will approve or reject the repairs. The payment to the renter for approved expenses is subject to the financial impact of the 10% of the asset value or $25.00 whichever amount is larger.

For example, if a bicycle is damaged during an approved rental transaction, and the renter has received prior approval, the renter has the ability to submit a copy of the invoice for the repair, photos of the damage, photo of invoice for replacement parts and labor to initiate a claim. Note: This applies only to damage to the asset during the rental period and not for normal wear and tear of the asset being used.

For any confirmed RPP claim that is settled with a payment resulting from damage to the owner's asset incurred during a rental transaction, the asset owner will be required to sign a settlement agreement indemnifying Lend against subsequent claims for the same incident

The renter or owner will be notified if an RPP claim is denied. The platform will receive notification from the claims team giving reasons for the denial. Lend is then responsible for notifying the owner that the claim was denied and the reason(s) for denial. It is important that, in doing so, the platform refers to the Lend User Agreement and RPP.
It is important for the platform and the owner of rental assets to understand the importance of the valuation of the rental asset posted for rental at the platform website, as this has an impact on the settlement amount in the event of a claim. Any party to these rental transactions accepts that when a rental asset is turned over to another in any part of the rental process that the item is in good working condition.

Exhibit A

Items that are excluded under this program are as follows:

Aircraft of any kind including items with an FAA identification number
Autos of any kind (including cars, trucks, snowmobiles, all-terrain vehicles, RV’s or anything else motorized over 50 cc’s)
Firearms or Weapons
People or animals
Motorized blades, including, but not limited to chain saws, table saws, reciprocating saws
Medical Devices
Alcohol, tobacco, guns, drugs and drug paraphernalia
Illegal items, items promoting illegal activity and highly regulated items
Internationally regulated items
Pornography and mature content
Items that violate third party intellectual property rights
Heavy Construction Related Equipment without your/your company’s own agreement & insurance

User Conduct

•The renter agrees to accept responsibility for verifying the authenticity, accuracy, and other aspects of any listings listed on the site. We cannot guarantee the legality, legitimacy, authenticity, or correctness of any of the listings, and the renter accepts and recognizes this.

•You agree and acknowledge that any interaction or dealings with the Product owner are entirely at your own risk. You agree to practice general financial and personal safety measures of dealing with persons over the internet or in person.

•You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.

•You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

•You agree that you will not use or attempt to use another user’s account without authorization from such user and LEND.

•You agree that you will not use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;

•You agree that you will not do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;

•You agree that you will not attempt to circumvent any content-filtering techniques we employ.

You agree that you will not access any feature or area of the Sites that you are not authorized to access.

•You agree that you will not develop any third-party applications that interact with the Sites without our prior written consent.

•You agree not to use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.

•You agree that you will not bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

User Due Diligence

We recommend that a User undertake their own personal due diligence before conducting a transaction between a User and a product owner on the platform. LEND provides no assurances about the character and integrity of the product owner.

Exclusion of Liability

The Website may provide links to external Internet sites. LEND hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. LEND shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

Your Representation and Warranties

You hereby represent and warrant that: (i) you will only use LEND as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using LEND; (iii) you will not use LEND for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using LEND.

Indemnity

You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of LEND; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

Governing Law

This Agreement will be governed by, construed and enforced in accordance with the laws of Pennsylvania, without regard to its conflicts of law principles or provisions.

Lend API Terms and Conditions

Addendum A

API Terms and Conditions

Thank you for using LEND, INC, Inc. 's APIs, other developer services, and associated software (collectively, "APIs"). By accessing or using our APIs, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other LEND, INC, Inc. products or services, then the terms for those other products or services also apply.

Under the Terms, "LEND, Inc. " means , a Delaware Company with a mailing address of 1045 N. Canal st, Pittsburgh, PA 15215 United States, unless set forth otherwise in additional terms applicable for a given API. We may refer to "LEND, INC, Inc. " as "we", "our", or "us" in the Terms.

Section 1: Account and Registration

a. Accepting the Terms

You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with LEND, INC, Inc. , or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.

b. Entity Level Acceptance

If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).

c. Registration

In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to LEND, INC, Inc. will always be accurate and up to date and you'll inform us promptly of any updates.

d. Subsidiaries and Affiliates

LEND, INC, Inc. has subsidiaries and affiliated legal entities around the world. These companies may provide the APIs to you on behalf of LEND, INC, Inc. and the Terms will also govern your relationship with these companies.

Section 2: Using Our APIs

a. Your End Users

You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

b. Compliance with Law, Third Party Rights, and Other LEND, INC, Inc. Terms of Service

You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with LEND, INC, Inc. (or its affiliates).

c. Permitted Access

You will only access (or attempt to access) an API by the means described in the documentation of that API. If LEND, INC, Inc. assigns you developer credentials (e.g. client IDs), you musta use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.

d. API Limitations

LEND, INC, Inc. sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain LEND, INC, Inc. 's express consent (and LEND, INC, Inc. may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant LEND, INC, Inc. API team for information).

e. Open-Source Software

Some of the software required by or included in our APIs may be offered under an open-source license. Open-source software licenses constitute separate written agreements. For certain APIs, open-source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with LEND, INC, Inc. for the applicable open-source software.

f. Communication with LEND, INC, Inc.

We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.

g. Feedback

If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.

h. non-Exclusivity

The Terms are non-exclusive. You acknowledge that LEND, INC, Inc. may develop products or services that may compete with the API Clients or any other products or services.

Section 3: Your API Clients

a. API Clients and Monitoring

The APIs are designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT LEND, INC, INC. MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE LEND, INC, INC. PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include LEND, INC, Inc. accessing and using your API Client, for example to identify security issues that could affect LEND, INC, Inc. or its users. You will not interfere with this monitoring. LEND, INC, Inc. may use any technical means to overcome such interference. LEND, INC, Inc. may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.

b. Security

You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information ("PII"), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.

c. Ownership

LEND, INC, Inc. does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.

d. User Privacy and API Clients

You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with LEND, INC, Inc. and third parties.

Section 4: Prohibitions and Confidentiality

a. API Prohibitions

When using the APIs, you may not (or allow those acting on your behalf to):
Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
Perform an action with the intent of introducing to LEND, INC, Inc. products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
Defame, abuse, harass, stalk, or threaten others.
Interfere with or disrupt the APIs or the servers or networks providing the APIs.
Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
Remove, obscure, or alter any LEND, INC, Inc. terms of service or any links to or notices of those terms.
Unless otherwise specified in writing by LEND, INC, Inc. , LEND, INC, Inc. does not intend use of the APIs to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to LEND, INC, Inc. unless you have received prior written consent to such use from LEND, INC, Inc.

b. Confidential Matters

Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open-source projects.
Our communications to you and our APIs may contain LEND, INC, Inc. confidential information. LEND, INC, Inc. confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without LEND, INC, Inc. 's prior written consent. LEND, INC, Inc. confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose LEND, INC, Inc. confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

Section 5: Content

a. Content Accessible Through our APIs

Our APIs contain some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

b. Submission of Content

Some of our APIs allow the submission of content. LEND, INC, Inc. does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in the Terms. For the sole purpose of enabling LEND, INC, Inc. to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable LEND, INC, Inc. privacy policies, you give LEND, INC, Inc. a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.

c. Retrieval of content

When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

d. Data Portability

LEND, INC, Inc. supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from LEND, INC, Inc. products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.

e. Prohibitions on Content

Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:
Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
Misrepresent the source or ownership; or remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

Section 6: Brand Features; Attribution

a. Brand Features

"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of LEND, INC, Inc. 's Brand Features (including any goodwill associated therewith) will inure to the benefit of LEND, INC, Inc.

b. Attribution

You agree to display any attribution(s) required by LEND, INC, Inc. as described in the documentation for the API. LEND, INC, Inc. hereby grants to you a nontransferable, non-sublicensable, nonexclusive license while the Terms are in effect to display LEND, INC, Inc. 's Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the LEND, INC, Inc. Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using LEND, INC, Inc. 's Brand Features, you must follow the LEND, INC, Inc. Brand Features Use Guidelines. You understand and agree that LEND, INC, Inc. has the sole discretion to determine whether your attribution(s) and use of LEND, INC, Inc. 's Brand Features are in accordance with the above requirements and guidelines.

c. Publicity

You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by LEND, INC, Inc. without LEND, INC, Inc. 's prior written approval.

d. Promotional and Marketing Use

In the course of promoting, marketing, or demonstrating the APIs you are using and the associated LEND, INC, Inc. products, LEND, INC, Inc. may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.

Section 7: Privacy and Copyright Protection

a. LEND, INC, Inc. Privacy Policies

By using our APIs, LEND, INC, Inc. may use submitted information in accordance with our privacy policies.

b. LEND, INC, Inc. DMCA Policy

We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and LEND, INC, Inc. 's policy about responding to notices in our Help Center.

Section 8: Termination

a. Termination

You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide LEND, INC, Inc. with prior written notice and upon termination, cease your use of the applicable APIs. LEND, INC, Inc. reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

b. Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the LEND, INC, Inc. Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. LEND, INC, Inc. may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.

c. Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10.

Section 9: Liability for our APIs

a. WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER LEND, INC, INC. NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

b. LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, LEND, INC, INC. , AND LEND, INC, INC. 'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LEND, INC, INC. , AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

IN ALL CASES, LEND, INC, INC. , AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

c. Indemnification

Unless prohibited by applicable law, if you are a business, you will defend and indemnify LEND, INC, Inc. , and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
- your misuse or your end user's misuse of the APIs;
- your violation or your end user's violation of the Terms; or any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

Section 10: General Provisions

a. Modification

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the LEND, INC, Inc. developers console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.

b. U.S. Federal Agency Entities

The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

c. General Legal Terms

We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and LEND, INC, Inc. does not take action right away, this does not mean that LEND, INC, Inc. is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and LEND, INC, Inc. relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact LEND, INC, Inc., please visit our contact page.

Except as set forth below: (i) the laws of Pennsylvania, U.S.A., excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COUNTY, STATE, USA, AND YOU AND LEND, INC, INC. CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs. Solely to the extent permitted by United States Federal law: (i) the laws of the State of STATE (excluding STATE's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN COUNTY , STATE.

If you are accepting the Terms on behalf of a United States city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.

Except as otherwise noted, the content of this page is licensed under the Creative Commons Attribution 4.0 License, and code samples are licensed under the Apache 2.0 License. For details, see the LEND, INC, Inc. Developers Site Policies. Java is a registered trademark of Oracle and/or its affiliates.