Lendistry Home Loans Terms of Use

This website (“Website”) and the Platform (defined below) are owned and operated by Lendistry Home Loans, LLC, with offices at 1735 Flight Way, Suite 450 Tustin, CA 92782 (“LHL”). These Terms of Use (this “Agreement”) is a binding agreement between the LHL and you (“End User”, “You” or “Your”). This Agreement governs Your use of the Website and the software platform and the mobile or web-based applications that you are using to communicate with us, obtain information, submit your loan request and other related documentation (“the Portal”) in connection with the services provided to you by LHL (the “Services”).

Acceptance of Terms. LHL provides the Portal, access to the Website and the Services solely on the terms and conditions set forth in this agreement and on the condition that you accept and comply with them. By accessing the Website, using the Portal and using the Services You hereby:
1. Accept this agreement and agree that you are legally bound by its terms;
2. Agree that you will only access the Website and Portal if you are 18 years old,
3. Agree that you will comply with and be bound by this agreement as it appears on the Website and Portal each time you access and use the Website or Portal,
4. Agree that each use of the Website, Portal and the Services by you indicates and confirms your assent to and agreement to be bound by this agreement; and
5. Represent, warrant and covenant that:
  1. You are of legal age to enter into a binding agreement; and If you are a corporation, governmental organization or other legal entity, that you have the right, power, and authorization to enter into this agreement on behalf of your corporation, governmental organization or other legal entity.
  2. If you do not agree to the terms of this agreement, License does not and will not license the Portal to you or provide you with access to the Website and you must not use the Portal or Website.
License Grant.Subject to the terms of this Agreement, LHL grants You a limited, non-exclusive and nontransferable license to register with, access and use the Portal strictly in accordance with the terms herein including any Additional Terms (defined below). You agree and acknowledge that You have the sole responsibility and liability for Your use of the Website and Portal and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for You to access and use the Portal or the Website.
Restrictions.You shall not: (a) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Portal or Website, (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Portal or Website or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Portal or Website, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Portal or Website or any features or functionality of the Portal or Website, to any third party for any reason; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Portal or Website; or (f) use the Website or Portal or any part thereof for any purpose that: (i) interferes with or induces a breach of the contractual relationships between LHL and its employees; (ii) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; (iii) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications; (iv) transmits any harmful or disabling computer codes or viruses; (v) harvests Email addresses from the Portal or Website; (vi) transmits unsolicited Email to this site or to anyone whose Email address included the domain name under on the Website; (vii) interferes with the LHL’s network services; (viii) attempts to gain unauthorized access to the LHL’s network services; (ix) suggests an express or implied affiliation with the LHL or broker relationship with the LHL (without the express written permission of the LHL); (x) impairs or limits the LHL’s ability to operate the Portal or Website or any other person’s ability to access and use Portal or Website; (xi) uses any methods, means or devices to click on to the Portal or Website or cause a visit to the Portal or Website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting commercial lending and related business with the LHL as a bona fide client of the LHL; (xii) unlawfully impersonates or otherwise misrepresents Your affiliation with any person or entity; (xiii) harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (xiv) transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (xv) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities; (xvi) dilutes or depreciates the name and reputation of the LHL or any of its affiliates; (xvii) transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or (xviii) unlawfully transmits or uploads any confidential, proprietary or trade secret information.
Reservation of Rights.You acknowledge and agree that: (a) the Portal is provided under license, and not sold, to You; and (b) You do not acquire any ownership interest in the Portal or Website under this Agreement, or any other rights thereto other than the right to use the Portal in accordance with the license granted and access the Website, which are in each case subject to all terms, conditions and restrictions, under this Agreement. LHL, its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Website and Portal, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as otherwise expressly granted to You in this Agreement.
User IDs and Passwords.Certain areas or features of the Portal and Website may be restricted to users who have obtained a user identification and password by completing a registration process described on the Portal or Website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information You may obtain in connection with Your use of the Portal or Website. You agree to notify the LHL immediately if You believe Your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that You are solely responsible for all damages or claims that may arise from any access to or use of the Portal or Website by any person to whom You have provided Your user identification, password or other identifying information, or by any person who has obtained such information from You, including, but not limited to, any access to or use of the Website that may occur after You have notified us that Your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
Agreement to Provide Accurate Information.In making a loan inquiry, application or in entering into any other transaction or request for information on the Portal or Website, You agree to provide accurate, true, current, and complete information upon which the LHL may rely. Other than ordering a credit report, the LHL generally begins processing Your application (which may include ordering a background check, tax and OFAC verification, credit report and other necessary items) upon the submission of a full and complete application. If You submit an application, You agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information the LHL may need from third parties. In addition, You agree to notify the LHL of any changes or inaccuracies in any information submitted in connection with Your application.
Revisions and Modifications.You agree and acknowledge that the LHL may revise or change the terms of this Agreement at any time, without notice to You, and You agree that You will be bound by the provisions of this Agreement as they appear on the Portal or Website at the time You access the Portal or Website. Because the terms of this Agreement may change, You are encouraged to refer back often to this Agreement. In addition, You agree and acknowledge that all other content, services, products and materials on or available through the Portal or Website are subject to updating and revision without notice to You. You further acknowledge and agree that individual modifications to the terms of this Agreement may not be altered by contract, unless expressly permitted in writing by the LHL.
Third Party links and Services.
1. Third Party Links. You acknowledge and agree that the Website may contain links to third-party websites or services that are not owned or controlled by LHL. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
2. No Endorsement: The inclusion of any third party links does not imply endorsement, approval, or control by LHL of the external site. We advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
3. Interaction with Third Parties: Your dealings with third parties found through the Website are solely between you and the third party. These may include, but are not limited to, payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings. You agree that LHL shall not be responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
4. Third-Party Services: If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such services, including their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such services.
Term.The term of this Agreement commences when You use the Portal and will continue in effect until terminated by You or LHL as set forth in this Agreement.
End User Termination.You may terminate this Agreement by discontinuing use of the Portal or Website.
LHL Termination.LHL may terminate this Agreement or deny Your access to the Portal or Website at any time without notice to You which LHL may do in its sole discretion.
Additional Termination Events.This Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.
Effect of Termination.Upon termination: (a) all rights granted to You under this Agreement will also terminate; and (b) You must cease all use of the Portal and Website. Termination will not limit any of LHL’s rights or remedies at law or in equity.
Disclaimer of Warranties.
1. “AS IS” AND “AS AVAILABLE”: THE SERVICES PROVIDED BY WEBSITE OR THROUGH THE PORTAL ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LHL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. NO WARRANTIES FOR ACCURACY: LHL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE.
3. NO WARRANTIES FOR USE: LHL DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR THE PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND DOES NOT GUARANTEE THAT ANY OF THE FOREGOING WILL BE CORRECTED.
4. RESPONSIBILITY FOR DAMAGE: YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND ITS SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE AND ITS SERVICES.
5. RELIANCE ON WEBSITE INFORMATION: CONTENT ON THE WEBSITE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE, OR MORE TIMELY SOURCES OF INFORMATION.
Limitation of Liability.
1. LIMITATION OF LIABILITY CLAUSE: IN NO EVENT WILL LHL, NOR ANY OF ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSCERS, SERVICE PROVIDERS OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR THE PORTAL;
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
  3. ANY CONTENT OBTAINED FROM THE WEBSITE; AND
  4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
    1. MAXIMUM LIABILITY: THE TOTAL LIABILITY OF LHL FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
    2. EXCLUSION OF LIABILITY: LHL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
    3. BASIS OF THE BARGAIN: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LHL AND YOU.
IN NO EVENT WILL LHL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR DAMAGES ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE PORTAL OR WEBSITE; (B) THE PORTAL, WEBSITE OR ANY CONTENT OR SERVICE; (C) ANY ACTION OR INVESTIGATION BY LAW ENFORCEMENT; (D) ANY ERRORS OR OMISSIONS IN THE PORTAL OR WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH OWNERS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY; (F) INTERRUPTIONS OR DELAYS IN SERVICE; (G) ANY OBLIGATIONS, RIGHTS, RESTRICTORS OR OTHERWISE OF ANY THIRD PARTY UNDER ANY LOAN AGREEMENT, OR SIMILAR AGREEMENT BETWEEN YOU AND ANY THIRD PARTY; AND (H) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LHL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. BY ACCESSING THE PORTAL AND WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LHL’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NEITHER IRREPARABLE NOR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE LHL, AND THAT YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LHL.
Indemnification.You agree to indemnify, defend and hold harmless LHL and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to Your use or misuse of the Portal or Website or Your breach of this Agreement.
Export Regulation.The Portal may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Portal to, or make the Portal accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Portal available outside the US.
Severability.If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provisions will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law.This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Portal or Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Los Angeles County. You consent and submit to personal jurisdiction by such courts and to venue in such courts.
Limitation of Time to File Claims.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PORTAL OR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Linking.For Your convenience, this Portal or Website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise the Portal or Website, the LHL does not endorse, approve, sponsor or control, and the LHL is not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which the Portal or Website may provide a link. By using the Portal or Website You acknowledge and agree that the LHL will not be responsible or liable to You or any other person for any damages or claims that might result from Your use of such content, services, calculation, information, products or materials.
Additional Terms and Entire Agreement.You acknowledge that certain features of the Portal and Website, as well other products and services of the LHL, including those that may be available through the Portal or Website, may be subject to terms, conditions and disclaimers in addition to this Agreement, and You agree that Your use of the Portal and Website and any such products and services may be subject to such additional terms, conditions and disclaimers (“Additional Terms”). This Agreement, and the Additional Terms constitute the entire agreement between You and LHL with respect to the Portal and use of the Website and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Portal and Website. The Additional Terms are hereby incorporated by reference as if fully restated herein mutatis mutandis.
Waiver.No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Effective Date: These Terms of Use are effective as of April 1, 2024 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
Updates: We reserve the right to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes.
Contact Information: Any feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].