These Terms of Use define the terms by which you may use website www.LeveLend.com (the “Website”) and are an agreement between you and LeveLend, Inc. (the Website and LeveLend are collectively referenced as “LeveLend,” “we,” or “us”).
Please read these terms of use carefully before using or obtaining any information, materials, products or services through this site. By accessing, using or obtaining any data, content, information, materials, products or services through the Website, you agree to be bound by these terms and conditions (the “Terms”). If you do not accept all of these terms, then please do not use the Website.
All information contained in or conveyed by this Website are estimates which are provided for informational purposes only and should not be construed as legal, financial or other professional advice on any subject matter. Recipients of this information should not act upon it without consulting their qualified legal or financial advisors as individual situations and facts vary.
LeveLend makes no claim that estimated costs described herein will be eligible to any or all users of the Website as they are subject to change and beyond the control of LeveLend.
LeveLend is a free service for users. You acknowledge and agree that we may receive transaction or referral fees if you select a product from a partner lender or advertiser.
1. Acceptable Use
The Website is intended for personal, non-commercial use. You may use the Website only if you are of sufficient legal age and can enter into binding contracts. Without limiting the foregoing, the Website is not intended for persons under the age of 13. All personal information that you provide to us must be accurate and up-to-date. If any of your personal information changes, you must immediately update it. You agree not to use our Website for any purpose that is illegal, unlawful, or forbidden by these Terms, including any local laws that apply to you. The Website is run in the United States, so by using our Website, you agree to comply with both the laws that apply to the United States and the laws that apply to your own country, including laws that apply to exporting technical data. Additionally, you agree not to do any of the following without prior express written permission of LeveLend: 1. Use any software, device, or routine that interferes or attempts to interfere with the normal operation of the Website. 2. Take any action that imposes an unreasonable load on our network equipment or computer equipment. 3. Access the materials posted to the Website with any automated or manual process for any purpose other than your personal use or for inclusion of LeveLend pages in a search index. 4. Violate the restrictions in any robot exclusion headers on the Website or circumvent or bypass other measures employed to prevent or limit access to the Website. 5. Deep-link to any portion of the Website. 6. Copy, sell, resell, reproduce, duplicate, trade or exploit the Website.
In addition, you may not under any circumstance use the Website to:
1. Post, facilitate, promote, or transmit any information of an unlawful, obscene, sexually explicit, hateful, harassing, libelous, defamatory, profane, abusive, threatening, pornographic, or otherwise offensive nature;
2. Publish, distribute, or transmit any advertisements (unless given prior express written permission from LeveLend), spam, chain letters, solicitations, information regarding any type of scheme or other forms of unsolicited or unauthorized commercial information;
3. Upload, post, distribute, or transmit any information or software containing viruses, Trojan horses, or other forms of malware;
4. Impersonate any person or entity, such as through the creation of a false user account;
5. Directly or indirectly reverse engineer, decompile, disassemble, decipher or otherwise reconstruct and copy any source code or algorithms of any part of the Website.
We may, at our sole discretion, at any time and without advance liability or notice, terminate, suspend, or restrict your access to any or all components of the Website.
2. Information Privacy & Intellectual Property
The copyright notice on our Website is “© 2012 LeveLend, Inc. All rights reserved.” We own all right, title, and interest in the Website and all of the text, images, software, trademarks, service marks or other material contained on or comprised by the Website (the “Materials”). All right, title, and interest in any lender marks displayed on our Website shall be solely owned by the lender. You may not copy or transmit any of the Materials except to download a single copy for your personal, non-commercial use on your own computer. All trademark, copyright and other proprietary rights notices included in the Materials must appear on all copies you print or download as presented on the Website. We do not grant any license or right to use any of the marks included on the Website.
We may aggregate and use information submitted by you and other users to improve our ability to provide the Website. If you give us feedback, testimonials, suggestions, ideas, comments, ratings, reviews, bug reports or any similar or related information (“Feedback”), you agree to the following:
1. We own the Feedback and all intellectual property rights associated with the Feedback;
2. We do not have to pay you for the Feedback;
3. We can use and share the Feedback without your consent;
4. We may already be contemplating ideas similar to or the same as your Feedback.
If you want to maintain ownership of any intellectual property contained in your Feedback or do not agree with the above terms regarding Feedback, your only option is to not submit Feedback to us.
Your use of the Website is subject to our Privacy Policy. By using the Website, you consent to the use of your information as we outlined in our Privacy Policy.
3. Intellectual Property Infringement
We respect the intellectual property rights of others. Users may not post, upload, or otherwise transmit on the Website any materials that violate the intellectual property rights of another person. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
1. Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
2. Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
3. Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
4. Contact Information. Your address, telephone number, and email address; and
5. Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
You should direct all intellectual property infringement notices to us at support@levelend.com, so that we can promptly respond to your notice.
4. Warranty; Disclaimer
The calculations provided on this Website are estimates intended for comparison purposes only. You acknowledge and agree that the interest rate index figures used by LeveLend are determined every month, and the method used may or may not exactly match the interest rate calculation of each lender. LeveLend relies entirely upon lender information, which can be modified by the lender at any time, as well as information that you have provided regarding your interest in obtaining a private student loan in order to provide the estimates on this Website. When you use our Website, you solely assume all risks of relying on any information provided on our Website. Although we make every effort to provide accurate information to you, we assume no responsibility for typographical or other errors or omissions in the information provided, nor for lenders changing the information applicable to your inquiry.
LeveLend is not a lender and makes no representations or warranties about your eligibility for a particular loan. All credit decisions, including loan approval and the terms and costs of the loan you are offered, are the sole responsibility of the lenders and may vary by lender. Please carefully review each lender’s loan application and promissory note for final loan terms. Please note that you may not be eligible for certain borrower rewards, which are advertised by a lender, and they may not be automatically available.
The Website, all content and services provided on the Website are provided on an “as is” and “as available” basis. LeveLend expressly disclaims all warranties of any kind, whether expressly or implied, including, but not limited to, security and accuracy, fitness for a particular purpose, non-infringement, and title, as well as all warranties arising by course of performance. LeveLend makes no warranty, and expressly disclaims any obligation, that:
1. The content will be up-to-date, comprehensive, complete, accurate or applicable to your circumstances.
2. The results that are obtained from the use of the Website or any services offered through the site will be accurate or reliable.
3. The Website will be available on an error-free, timely, uninterrupted, or secure basis.
4. The Website will meet your expectations and requirements.
5. The quality of any products, services, information, or other material obtained by you through the site will meet your expectations and requirements.
5. Limitation of Liability
We, together with our directors, officers, employees, affiliates, representatives, and providers, will not be responsible or liable for the following:
1. Any damages to or viruses that may infect your computer equipment or other property as the result of your downloading any content from the Website or your access to the Website.
2. Any injury, death, claim, loss, act of god, delay, accident, or any direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind, including without limitation lost profits or lost savings, whether based in tort, contract, strict liability or otherwise, that arise out of or is in any way connected with:
1. any failure or delay, including without limitation the inability to use or use of any component of the Website;
2. any use of the Website or our content; and;
3. the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to any other party.
Our total liability to you shall in no event exceed the total aggregate amount of One Thousand Dollars ($1000.00) for all claims.
Some states do not allow the limitation of liability, so the limitations above may or may not apply to you.
6. Changes
LeveLend shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use of the Website.
LeveLend shall have the right at any time to change or modify the terms and conditions applicable to your use of the Website (including, without limitation, these Terms), or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use by you of the Website after receiving such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
7. Protection
You agree that LeveLend is in no way responsible for the timeliness, accuracy, or completeness of information it may obtain from lenders. You solely assume all risk of loss or liability for interacting with any lenders accessed through our Website. LeveLend will have no liability with respect to the omissions, errors, representations, warranties, acts, breaches or negligence of any such lenders or for any death, personal injuries, property damage, or other damages or expenses resulting from your interactions with the lenders.
Subject to these terms and conditions, you defend, indemnify and hold us and each of our officers, directors, employees and agents, as well as those of our partners and affiliates, harmless from and against any claim, liability, cause of action, expense, loss or demand, including without limitation reasonable accounting and legal fees, arising out of, or in any way connected with your breach of these Terms or the agreements that are made by these Terms by reference, or your use of or access to the Website or the Materials.
8. Permissions
1. Permission is granted to news media to quote small sections of the Website for review purposes. News media may also include a snapshot of the Website’s homepage http://www.levelend.com/ (the “Homepage”) and a link to the Homepage in their articles. Using a frame to associate advertising with the Website or with LeveLend is not permitted.
2. Permission is granted to educational and not-for-profit organizations to add a link to the Homepage from their sites.
3. Permission is granted to commercial and not-for-profit sites to add a link to the Homepage, but they may not state, suggest or imply that their service, product, or website has LeveLend’s endorsement, and they may not charge their clients for accessing the Website.
9. Consequential Damages
You agree that we will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
10. Release of Claims
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to this Website. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
11. Miscellaneous
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as partners or joint venturers for any purpose. You may not delegate, assign, or transfer your rights or obligations under these Terms. We may assign our duties and rights under these Terms without such assignment being considered a change to the Terms and without notice to you. If you object to any provision of these Terms or any subsequent modifications to these Terms, or if you become dissatisfied with the Website in any way, your only recourse is to terminate use of the Website immediately. Other terms and conditions may apply to your use of the Website, the lenders’ websites, and to your use of other portions of the Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to similar or future breaches. If a court finds any of these Terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law; the other terms will remain enforceable and valid. These Terms, together with those agreements that are made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Website and replace any prior understandings or agreements (whether oral or written) regarding your use of the Website. The laws of the State of New York (USA), without regard to its conflict of laws rules, will govern these Terms and your and our observance of them. All disputes arising under these Terms shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in New York, New York by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs to cover our expenses incurred as a result of the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
12. Violations of the Terms
We encourage you to report violations of these Terms to LeveLend, immediately. If you have a question about whether an action may violate the acceptable use policy set forth in Section 1 above, you can email LeveLend’s Compliance Department at: support@levelend.com.