Terms and Conditions
Messaging Terms and Conditions
1. Frequency of Messaging
By opting into our messaging services, you agree to receive periodic text messages, which may include but are not limited to account updates, promotional offers, loan status notifications, and reminders. The frequency of messages will vary based on your interaction with our services, typically ranging from 2-5 messages per week unless otherwise specified.
2. Potential Fees
Message and data rates may apply. These charges are determined by your mobile service provider and are your responsibility. We are not liable for any charges incurred from using our messaging services.
3. Opt-In Methods
To opt into our messaging service:
• Fill out the online form on our website.
• Text our designated keyword (“JOIN”) to the provided phone number 888-717-5350.
• Provide explicit consent during the loan application or account setup process.
When you text “JOIN,” you will receive the following confirmation message:
“Thank you for opting into SMS messages from Lendibly by Flexible Financial. Message and data rates may apply. Reply STOP to opt out or HELP for assistance.”
4. Opt-Out Methods
You may opt out of receiving text messages at any time by:
• Replying to any text message with the word “STOP.”
• Contacting our customer service at admin@lendiblyloans.com and/or call us direct at 888-717-5350
• Updating your preferences in your account settings on our website.
When you reply “STOP,” you will receive the following confirmation message:
“Thank you for opting out of SMS messages from Lendibly by Flexible Financial. To opt back in at any time, reply ‘JOIN.’”
5. Privacy Policy
We value your privacy. To learn how we handle your personal information, please review our Privacy Policy: https://www.lendiblyloans.com/privacy-policy
6. Support
For assistance, reply “HELP” to any message or contact us at admin@lendiblyloans.com.
By using our messaging services, you agree to these Terms and Conditions. At Lendibly, we take pride in offering our clients the assistance they need with lending solutions. When using our website, please adhere to the following terms and conditions.
By accessing this website: https://www.lendiblyloans.com/get-started, you agree to the terms and conditions outlined here. Please review them, and if you do not agree, refrain from using our website. For those who choose to use our site, we hope you find it an informative resource. We also reserve the right to modify our website at any time, and your continued use indicates your acceptance of any changes.
We hope you find this site helpful. If you would like to discuss our lending solution services with an experienced professional, please contact Lendibly today for a free consultation.
We may update the Terms and Conditions periodically. If changes are made, we will post the revised Terms and Conditions on the Site and indicate the date of the last revision at the top of this page. By continuing to use the Service or the Site after any changes, you acknowledge and accept the new Terms and Conditions.
Eligibility
This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older and agree to abide by all the terms and conditions of the Terms of Use. If you violate any of these Terms of Use or any agreement with us, the Company may terminate your membership, delete your profile and any content or information you have posted on the Site, and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect, or feature thereof) at its sole discretion, with or without notice, including if it believes you are under 18.
User Representation
You represent, warrant, and agree that any materials submitted through your account or otherwise posted or shared by you through the Service will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Additionally, you agree not to post or share any libelous, defamatory, or otherwise unlawful material. You also agree not to harvest or collect email addresses or other contact information of users from the Service or the Site by electronic or other means for the purpose of sending unsolicited emails or other communications. Automated scripts to collect information from the Service or the Site are also prohibited.
You further agree not to use the Service or the Site in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Site. Specifically, you agree not to:
- Upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
- Except where authorized by the Company, register for more than one user account, register for a user account on behalf of someone else, operate a user account for someone not eligible to register for their own account, or register for a user account on behalf of any group or entity (other than approved investment accounts or accounts for our Small Business lending program).
- Impersonate any person or entity, or falsely state or misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity.
- Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
- Solicit personal information from any person under 18 or solicit passwords or any personally identifying information for commercial or unlawful purposes from any user.
- Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
- Intimidate or harass another user.
- Upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- Use or attempt to use another’s account, service, or system without authorization from that person and the Company, or create a false identity on the Service or the Site.
- Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of the Company, is objectionable or restricts or inhibits any person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
Restrictions on Use of Our Online Material
All online materials on the Lendibly site, including text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music, are copyrighted intellectual property. All usage rights are owned and controlled by Lendibly. You, the visitor, may download online materials for non-commercial, personal use only, provided that you 1) retain all copyright, trademark, and proprietary notices, 2) make no modifications to the materials, 3) do not use the materials in a manner that suggests an association with any of our products, services, events, or brands, and 4) do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not copy, reproduce, republish, upload, post, transmit, or distribute online materials in any way or for any other purpose unless you obtain our written permission first.
Additionally, you may not add, delete, distort, or misrepresent any content on the Lendibly site. Any attempts to modify any online material or to defeat or circumvent our security features are prohibited.
Everything you download, including any software, all files, images incorporated in or generated by the software, and all accompanying data, is licensed to you by Lendibly or third-party licensors for your personal, non-commercial home use only. We do not transfer the title of the software to you, retaining full and complete title to the software and all associated intellectual property rights. You are not allowed to redistribute, sell, reverse-engineer, disassemble, or otherwise convert it to any other form that people can use.
All remarks, suggestions, ideas, graphics, comments, or other information that you send to Lendibly through our site (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated.
This means that we are not required to treat any such submission as confidential. You cannot sue us for using ideas you submit, and if we use them or anything similar, we are not obligated to pay you or anyone else for them. We will have exclusive ownership of all present and future rights to submissions of any kind and can use them for any purpose we deem appropriate to our Lendibly mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Consent To Electronic Transactions And Disclosures
Because Lendibly primarily operates online, it is necessary for you to consent to transact business with us electronically. By doing business with us and our associated lenders and affiliates, you also need to consent to receiving certain disclosures electronically, either via our Site or to the email address you provide.
By agreeing to the Terms of Use, you consent to receive all documents, communications, notices, contracts, and agreements (including any IRS Form 1099) electronically. This includes any loans you request or receive, your registration as a borrower, your use of the Service, and the servicing of your loan, if funded. An IRS Form 1099 refers to any Form 1099 or other information statements required by the U.S. Internal Revenue Service rules and regulations, which may be provided electronically. This document informs you of your rights regarding these disclosures.
Electronic Communications
Any disclosures will be provided electronically through our Site or via email to the verified email address you provided. If you require paper copies, you may write to us at the address provided below, and a paper copy will be sent to you for up to $5.00. If you do not consent to receive an IRS Form 1099 electronically or revoke such consent, a paper copy will be sent to you at no cost. However, a fee may be charged for any additional or replacement copies. Requesting a paper copy does not withdraw your consent to receive electronic disclosures. IRS 1099 Forms provided electronically will remain accessible until at least October 15 of the year they are issued. We may discontinue electronic provision of disclosures at our sole discretion.
Scope of Consent
Your consent to receive disclosures and transact business electronically applies to all related transactions, whether with Lendibly or others. Your consent will remain in effect as long as you are a user, and will continue until all relevant disclosures for transactions made while you were a user have been made.
Consenting to Do Business Electronically
Before you decide to do business electronically, please ensure you have the necessary hardware and software capabilities described below.
Hardware and Software Requirements
To access and retain disclosures electronically, you need:
- Internet access
- An email account and related software capable of receiving email
- Supported web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher)
- Hardware capable of running this software
TCPA Consent
You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages from us, our affiliates, agents, and others on their behalf, at any telephone numbers you have provided or may provide (including cellular numbers). Your cellular provider may charge you according to your plan.
Additional Mobile Technology Requirements
If you access our site and disclosures via a mobile device, ensure you have software to print and save the disclosures presented during the application process. These applications can be found in the device’s respective app store. If your mobile device lacks these capabilities, please access our site through a device that provides them.
Withdrawing Consent
You may withdraw your consent to receive disclosures electronically by contacting us at the address below. Withdrawing your consent will prevent you from posting loan requests on our Site. If you have a pending loan request, it will be terminated. If you have already received a loan, all previously agreed terms and conditions will remain in effect, and disclosures will be sent to your verified home address. If you withdraw your consent to receive IRS Forms 1099 electronically, we will confirm the withdrawal and its effective date by email. This will take effect for the calendar year if made before November 1.
How to Contact Us
You can contact us at:
Lendibly
555 Anton Blvd suite 150
Costa Mesa, CA 92626
Toll-Free: (888) 717-5350
If you are an individual user, please keep us informed of any changes in your email or home mailing address to ensure timely receipt of disclosures. Notify us of any changes to your registered email address, residence address, and telephone number on the Site.
Please print a copy of this Agreement for your records and acknowledge that you can access, receive, and retain all electronic disclosures sent via email or posted on the Site.
Limitation of Liability
LENDIBLY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES RESULTING FROM YOUR USE OF ANY OF ITS SITE.
This includes, but is not limited to, damages or injuries caused by:
- Use of (or inability to use) the site
- Use of (or inability to use) any site linked from our site
- Failure of our site to perform as expected or desired
- Errors or omissions on our site
- Interruption of availability of our site
- Defects on our site
- Delays in operation or transmission of our site
- Computer viruses or line failures
Please note that we are not liable for any damages, including:
- Direct damages intended to compensate for a loss or injury
- Consequential damages reasonably expected to result from a loss or injury
- Incidental damages and expenses resulting directly from a loss or injury
We are not liable even if we have been negligent or if our authorized representative has been advised of the possibility of such damages.
Exception: Certain state laws may not allow us to limit or exclude liability for incidental or consequential damages. If you live in one of those states, the above limitations may not apply to you.
Links to Outside Sites
We occasionally provide referrals and links to other websites from our site. These links should not be interpreted as endorsements, approvals, or agreements with any information or resources available on the sites you can access through our site. To verify your location, always check the Uniform Resource Locator (URL) address in your internet browser to see if you are still on a Lendibly-operated site or have moved to another site.
Lendibly is not responsible for the content or practices of third-party sites linked to our site. When we provide links or references to other websites, it should not be inferred or assumed that Lendibly is affiliated with, operates, or controls these websites. Any approved link must not imply, explicitly or implicitly, that you have received the endorsement, sponsorship, or support of any Lendibly site or that Lendibly endorses, sponsors, or supports you, including its employees, agents, or directors.
Jurisdiction, Indemnity, Dispute Resolution
Jurisdiction and Compliance
If you access our site from locations outside the United States, you are responsible for complying with any applicable local laws. These Terms of Use shall be governed by and interpreted in accordance with the laws of California, as applied to agreements entered into and performed entirely within such jurisdiction. Should you violate or threaten to violate Lendibly and/or its affiliates’ intellectual property rights, Lendibly and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in California, and you consent to exclusive jurisdiction and venue in such courts.
Indemnity
You agree to indemnify and hold Lendibly, its subsidiaries, affiliates, and each of their directors, officers, agents, contractors, partners, and employees harmless from any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users, or any violation of these Terms of Use or of any law or the rights of any third party.
This indemnity does not apply to Users acting as investor members or while registering as investor members concerning their (i) posting of User Content or (ii) use of the Site or Service.
Dispute Resolution
In the event of a dispute under this agreement, you agree to first try to resolve it with the help of a mutually agreed-upon mediator located in Orange County, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by both parties.
If a mutually satisfactory solution cannot be reached through mediation, you agree to submit the dispute to binding arbitration in Orange County, CA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Modifications to Terms
Lendibly may modify these Terms of Use at any time by updating this posting without notice to you. This document represents the entire agreement regarding all matters discussed.
Other
Jurisdiction and Compliance
If you access our site from locations outside the United States, you are responsible for complying with any applicable local laws. These Terms of Use shall be governed by and interpreted in accordance with the laws of California, as applied to agreements entered into and performed entirely within such jurisdiction. Should you violate or threaten to violate Lendibly and/or its affiliates’ intellectual property rights, Lendibly and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in California, and you consent to exclusive jurisdiction and venue in such courts.
Indemnity
You agree to indemnify and hold Lendibly, its subsidiaries, affiliates, and each of their directors, officers, agents, contractors, partners, and employees harmless from any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users, or any violation of these Terms of Use or of any law or the rights of any third party.
This indemnity does not apply to Users acting as investor members or while registering as investor members concerning their (i) posting of User Content or (ii) use of the Site or Service.
Dispute Resolution
In the event of a dispute under this agreement, you agree to first try to resolve it with the help of a mutually agreed-upon mediator located in Orange County, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by both parties.
If a mutually satisfactory solution cannot be reached through mediation, you agree to submit the dispute to binding arbitration in Orange County, CA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Modifications to Terms
Lendibly may modify these Terms of Use at any time by updating this posting without notice to you. This document represents the entire agreement regarding all matters discussed.