THIS LISTING AGREEMENT “Agreement” is entered into by and between the undersigned business entity (“User”), and LendVer, LLC (“LendVer”), a limited liability company organized and existing under the laws of the State of Connecticut. By submitting a listing through the LendVer’s online signup form, User agrees to be bound by the terms of this Agreement.
RECITALS
- LendVer provides an online directory (“the Platform”) where businesses may list their business information.
- User wishes to utilize the Platform.
- LendVer consents to User’s use of the Platform, subject to the terms of this Listing Agreement.
NOW, THEREFORE, In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration the receipt of which is hereby acknowledged the parties hereby agree as follows:
1. LISTING SERVICES.
LendVer shall permit User to list its services (“the Listing”) on the Platform. LendVer reserves the right to determine the positioning and visibility of the Listing for any reason, including, but not limited to, relevance, end-user engagement, and advertising expenditure. LendVer does not guarantee any ranking, placement, traffic, or visibility for the Listing.
2. USER REPRESENTATIONS AND RESPONSIBILITIES.
User represents and warrants that all information in the Listing is accurate and complete.
User is solely responsible for the content of its listing, including compliance with applicable laws, regulations, and industry standards. User shall not include discriminatory, inflammatory, false, or misleading content in its listing. LendVer reserves the right to determine, in its sole judgment, whether any content of the Listing violates these standards.
User agrees the Listing will not infringe upon any third party’s intellectual property rights. In the event of any claim of infringement, User will immediately remove such content from the Listing.
User is responsible for promptly updating any changes to its business information, including, but not limited to, contact details, business hours, and services offered.
If User includes any of the restricted content set forth in this Agreement, LendVer reserves the right to remove the listing immediately and take any further action deemed necessary, including, but not limited to, suspension or termination of the User’s account.
3. USE, MODIFICATION, AND TERMINATION OF THE LISTING BY LENDVER.
LendVer may use the Listing to market the services of the User, LendVer, or LendVer’s affiliates, share the Listing with affiliates of LendVer, or share the Listing with visitors to the Platform. User agrees any use of the Listing by LendVer is consented to by User provided, such use shall not constitute an endorsement of User’s business.
LendVer reserves the right to use aggregate, non-identifiable data for analytics and business development and to share such data with LendVer’s customers and affiliates.
LendVer may modify the terms of this Agreement or the Platform at any time, upon notice to the User. If such notice is delivered, continued use of the directory constitutes acceptance of any modifications.
Notice may be provided electronically through the User’s account.
LendVer reserves the right to edit, modify, or remove the User’s listing at its sole discretion and User consents to such modification, provided the modification does not materially alter the material terms of the Listing.
LendVer may suspend or terminate a User’s listing at any time without prior notice or liability to User. If the User violates the terms of this Agreement, LendVer reserves the right to take any necessary action, including permanent removal and legal action.
4. FUTURE CHANGES
LendVer reserves the right to change the business model of the Platform, at any time, in LendVer’s sole discretion. Such changes may include, but are not limited to, the placement of ads, charging a fee for use of the Platform, paid enhancements (such as featured placements, verified listings, or other advertising options), or limiting the scope of the Platform. In the event of such change, User’s ability to maintain the Listing shall be conditioned on acceptance of the updated terms, and payment of any applicable fees imposed by LendVer.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
LendVer does not guarantee any specific level of service, traffic, leads, or business results from the use of the Platform. LendVer reserves the right to terminate the Platform, at any time, for any reason. LendVer shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or related to this Agreement or the Platform. The directory and all related services are provided “as is” without any warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose.
6. OPTIONAL PAID FEATURES AND FEES.
Users may have the opportunity to purchase optional advertising features to their listings, such as a “LendVerified™ Listing.” A LendVerified™ Listing indicates that LendVer has confirmed that the User’s business was legally formed and includes increased visibility on the Platform, such as priority placement in search results or inclusion in promotional content. These features are not included with a free listing and must be actively selected and paid for by User.
Fees for these optional advertising features are charged annually at the rate in effect at the time of purchase. All fees are non-refundable except in the case of a billing error or material failure by LendVer to provide the feature as described. By purchasing an advertising feature, User authorizes LendVer to charge the payment method on file for the applicable amount, and, unless canceled in accordance with this section, will automatically renew each year, and renewal fees will be charged to the same payment method on or about the renewal date.
Users may cancel advertising features at any time through their account settings or by written notice to LendVer. To avoid renewal charges, cancellation must be submitted at least five (5) business days prior to the renewal date. Upon cancellation, the advertising feature will remain active through the end of the current billing period and will not renew.
If a payment fails to process, LendVer may attempt to charge the payment method on file multiple times. If payment cannot be collected, LendVer may suspend or downgrade User’s listing to the free non-paid version until payment is resolved.
Fee-related disputes must be submitted to LendVer in writing within thirty (30) days of the charge in question. LendVer will review such disputes in good faith and provide a timely response. LendVer reserves the right to update, discontinue, or modify available advertising features or associated fees at any time with reasonable prior notice. Continued use of a paid advertising feature after notice of such changes will constitute acceptance of the updated terms.
7. INDEMNIFICATION.
User, by using the Platform, shall indemnify, defend, and hold harmless LendVer, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses, including attorney’s fees, arising from User’s listing or violation of this Agreement.
8. GOVERNING LAW AND DISPUTE RESOLUTION.
This Agreement shall be governed by the laws of the State of Connecticut without regard to its conflict of law principles. In the event of legal action, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
9. MISCELLANEOUS.
This Agreement constitutes the entire agreement between the parties regarding the directory listing. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. User acknowledges that electronic acceptance of this Agreement has the same force and effect as a physical signature.
By submitting the Listing, User acknowledges and agrees to the terms of this Agreement.