Are You Accredited Investor?
In the United States, to be considered an accredited investor, a natural person must have a net worth of at least $1,000,000, excluding the value of one's primary residence, or have income at least $200,000 each year for the last two years (or $300,000 combined income if married) and have the expectation to make the same amount this year, or must otherwise be a holder of a specific license in good standing.
If you are an accredited investor, please click "Yes". Otherwise click "No"
Are You Accredited Investor?
In the United States, to be considered an accredited investor, a natural person must have a net worth of at least $1,000,000, excluding the value of one's primary residence, or have income at least $200,000 each year for the last two years (or $300,000 combined income if married) and have the expectation to make the same amount this year, or must otherwise be a holder of a specific license in good standing.
If you are an accredited investor, please click "Yes". Otherwise click "No"
Are You Accredited Investor?
In the United States, to be considered an accredited investor, a natural person must have a net worth of at least $1,000,000, excluding the value of one's primary residence, or have income at least $200,000 each year for the last two years (or $300,000 combined income if married) and have the expectation to make the same amount this year, or must otherwise be a holder of a specific license in good standing.
If you are an accredited investor, please click "Yes". Otherwise click "No"
Are You Accredited Investor?
In the United States, to be considered an accredited investor, a natural person must have a net worth of at least $1,000,000, excluding the value of one's primary residence, or have income at least $200,000 each year for the last two years (or $300,000 combined income if married) and have the expectation to make the same amount this year, or must otherwise be a holder of a specific license in good standing.
If you are an accredited investor, please click "Yes". Otherwise click "No"
Legal
Introduction
By using the services of Lend Academy Investments, LLC, doing business as LendingRobot (“LendingRobot”), you are agreeing to be bound by the following Terms of Use (“Terms”). You can review the most current version of the Terms at www.lendingrobot.com/#/legal. LendingRobot reserves the right to update and change the Terms by posting updates and changes to this address. You are advised to check the Terms from time to time for any updates or changes that may impact you. You must read, agree with and accept all of these Terms prior to using LendingRobot.
General Conditions
LendingRobot reserves itself the right to modify or terminate the services for any reason, without notice at any time. It reserves the right to refuse LendingRobot to anyone for any reason at any time, without having to justify such reason. Your use of LendingRobot is at your sole risk.
Except for the sole purpose of accessing LendingRobot, no information or material from LendingRobot, including but not limited to investment analysis, may be reproduced, redistributed, republished, uploaded, posted, or transmitted in any manner whatsoever without the express written permission by LendingRobot. No information available from LendingRobot may be harvested or otherwise collected without the express written permission by LendingRobot.
Users will not use LendingRobot if they are unable to form legally binding contracts, are under the age of majority, or are temporarily or indenitely suspended from LendingRobot. Users will not circumnavigate the fee structure or the billing process of LendingRobot, or fees owed to LendingRobot.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. LendingRobot does not guarantee it will take action against all breaches of the Terms.
In the case of any inconsistency between these Terms of Use and a Client Agreement to which a LendingRobot client is a party, the Client Agreement shall control.
Electronic Delivery
You consent to the electronic delivery of documents. This consent for electronic delivery covers any document that LendingRobot is required to provide you, including the Client Agreement and is effective until withdrawn by you.
Release
You release LendingRobot (and our ocers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes with other users unless you appoint LendingRobot as Investment Adviser by subscribing to the Client Agreement.
Indemnity
You agree to indemnify and hold LendingRobot and its aliates, ocers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of LendingRobot.
Dwolla Usage Terms
In order to transfer money while investing in LendingRobot Series, you must open a "White Label" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's nancial institution partners as set out in the Dwolla Terms of Service aforementioned. You authorize LendingRobot to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through LendingRobot, and that Dwolla account notications will be sent by LendingRobot, not Dwolla.
Non-Assignment
No assignment of the present contract shall be made by LendingRobot without your consent. Limitations, Disclaimers and Liability
LendingRobot does not provide any tax, legal or insurance advice. You are advised to consult an attorney, a registered investment or tax professional regarding your specic legal or tax situation.
You fully understands the limitations of hypothetical back-testing and real-time track records in predicting future performance and acknowledges that LendingRobot and its agents, brokers, aliates or employees do not prepare and cannot be responsible for representations made in back-testing and simulation features.
The following terms apply only to persons who have not entered into a Client Agreement with LendingRobot.
Peer Lending can constitute a risky investment and may not be suitable for your own nancial situation. LendingRobot services are provided for informational purposes only without any warranty of suitability, reasonableness or usefulness for your nancial situation, any offer to sell, solicitation of an offer to buy or a recommendation for any security, or any personal advice concerning the nature, potential, value or suitability of any particular security, transaction, investment strategy or other matter.
LENDINGROBOT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LENDINGROBOT DOES NOT WARRANT THE QUALITY OF ANY SERVICES, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOT THAT THE RESULTS OBTAINED FROM LENDINGROBOT WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY AGREE THAT YOU ALONE ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS, THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF LENDINGROBOT AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT, AND THAT LENDINGROBOT, ITS DIRECTORS, ITS EMPLOYEES, AND ITS AGENTS WILL NOT BE LIABLE FOR ANY INVESTMENT DECISION MADE, ACTION TAKEN BY YOU AND OTHERS BASED ON LENDINGROBOT, NOT ANY DIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING INCLUDING NEGLIGENCE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY LIABILITY AND THAT OF ITS THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Regardless of the previous paragraph, if LendingRobot is found to be liable, its ability to you or any third party is limited to the greater of the total fees you paid to LendingRobot in the 12 months prior to the action giving rise to the liability, and $100.
By using the services of Lend Academy Investments, LLC, doing business as LendingRobot (“LendingRobot”), you are agreeing to be bound by the following Terms of Use (“Terms”). You can review the most current version of the Terms at www.lendingrobot.com/#/legal. LendingRobot reserves the right to update and change the Terms by posting updates and changes to this address. You are advised to check the Terms from time to time for any updates or changes that may impact you. You must read, agree with and accept all of these Terms prior to using LendingRobot.
General Conditions
LendingRobot reserves itself the right to modify or terminate the services for any reason, without notice at any time. It reserves the right to refuse LendingRobot to anyone for any reason at any time, without having to justify such reason. Your use of LendingRobot is at your sole risk.
Except for the sole purpose of accessing LendingRobot, no information or material from LendingRobot, including but not limited to investment analysis, may be reproduced, redistributed, republished, uploaded, posted, or transmitted in any manner whatsoever without the express written permission by LendingRobot. No information available from LendingRobot may be harvested or otherwise collected without the express written permission by LendingRobot.
Users will not use LendingRobot if they are unable to form legally binding contracts, are under the age of majority, or are temporarily or indenitely suspended from LendingRobot. Users will not circumnavigate the fee structure or the billing process of LendingRobot, or fees owed to LendingRobot.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. LendingRobot does not guarantee it will take action against all breaches of the Terms.
In the case of any inconsistency between these Terms of Use and a Client Agreement to which a LendingRobot client is a party, the Client Agreement shall control.
Electronic Delivery
You consent to the electronic delivery of documents. This consent for electronic delivery covers any document that LendingRobot is required to provide you, including the Client Agreement and is effective until withdrawn by you.
Release
You release LendingRobot (and our ocers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes with other users unless you appoint LendingRobot as Investment Adviser by subscribing to the Client Agreement.
Indemnity
You agree to indemnify and hold LendingRobot and its aliates, ocers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of LendingRobot.
Dwolla Usage Terms
In order to transfer money while investing in LendingRobot Series, you must open a "White Label" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's nancial institution partners as set out in the Dwolla Terms of Service aforementioned. You authorize LendingRobot to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through LendingRobot, and that Dwolla account notications will be sent by LendingRobot, not Dwolla.
Non-Assignment
No assignment of the present contract shall be made by LendingRobot without your consent. Limitations, Disclaimers and Liability
LendingRobot does not provide any tax, legal or insurance advice. You are advised to consult an attorney, a registered investment or tax professional regarding your specic legal or tax situation.
You fully understands the limitations of hypothetical back-testing and real-time track records in predicting future performance and acknowledges that LendingRobot and its agents, brokers, aliates or employees do not prepare and cannot be responsible for representations made in back-testing and simulation features.
The following terms apply only to persons who have not entered into a Client Agreement with LendingRobot.
Peer Lending can constitute a risky investment and may not be suitable for your own nancial situation. LendingRobot services are provided for informational purposes only without any warranty of suitability, reasonableness or usefulness for your nancial situation, any offer to sell, solicitation of an offer to buy or a recommendation for any security, or any personal advice concerning the nature, potential, value or suitability of any particular security, transaction, investment strategy or other matter.
LENDINGROBOT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LENDINGROBOT DOES NOT WARRANT THE QUALITY OF ANY SERVICES, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOT THAT THE RESULTS OBTAINED FROM LENDINGROBOT WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY AGREE THAT YOU ALONE ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS, THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF LENDINGROBOT AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT, AND THAT LENDINGROBOT, ITS DIRECTORS, ITS EMPLOYEES, AND ITS AGENTS WILL NOT BE LIABLE FOR ANY INVESTMENT DECISION MADE, ACTION TAKEN BY YOU AND OTHERS BASED ON LENDINGROBOT, NOT ANY DIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING INCLUDING NEGLIGENCE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY LIABILITY AND THAT OF ITS THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Regardless of the previous paragraph, if LendingRobot is found to be liable, its ability to you or any third party is limited to the greater of the total fees you paid to LendingRobot in the 12 months prior to the action giving rise to the liability, and $100.
This privacy policy explains the manner in which LendingRobot (the “Firm”) collects, utilizes, and maintains nonpublic personal information about its investment advisory clients and the investors in the private funds managed by LendingRobot (together, the “Investors”)Investor, as required under federal regulation. Although federal regulation provides that the usage of nonpublic information of investors (“Investor Information”) is limited to investors who are individuals, the Firm will apply this privacy policy to all of its Investors. Investor Information shall mean personally identifiable financial information including any list, description or other grouping of the Firm’s Investors that is derived using nonpublic personal information other than publicly available information. Specifically, for the purpose of this policy, Investor Information includes, but is not limited to, an Investor’s name, social security number or taxpayer identification number, contact information (including home address, business address, telephone number, e-mail address, and date of birth), financial and investment qualifications or account number at the Firm.
A. Privacy Regulation
The SEC’s Regulation S-P (Privacy of Consumer Financial Information, herein after the “Privacy Rules”), which was adopted to comply with Section 504 of the Gramm-Leach-Bliley Act, requires investment advisers to disclose to their investors the Firm’s policies and procedures regarding the use and safekeeping of investor records (“Privacy Notice”).
Among other requirements, the Privacy Rules require financial institutions to send initial Privacy Notices to “consumers”, send annual Privacy Notices to “customers” and provide both customers and consumers the opportunity to opt out of the disclosure of any non-public personal information about a consumer to a nonaffiliated third party. For purposes of this Policy, “consumers” are potential and current Investors, and “customers” are the current Investors.
B. Collection of Investor Information
From time to time, Lending Robot may collect personal and/or confidential information about investors mainly through the following sources:
C. Disclosure of Nonpublic Personal Information
LendingRobot does not sell or rent Investor Information. The Firm does not disclose Investor Information to nonaffiliated third parties or to affiliated entities, except as permitted by law. For example, the Firm may share Investor Information in the following situations:
• To service providers in connection with the administration and servicing of the Firm, including attorneys, accountants, auditors, and other professionals. The Firm may also share information in connection with the servicing or processing of Firm transactions.
• To respond to a subpoena or court order, judicial process, or regulatory authorities.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities.
• Upon consent of an Investor to release such information, including authorization to disclose such information to persons acting in a fiduciary or representative capacity on behalf of the Investor.
D. Protection of Investor Information
LendingRobot’s policy is to require that all Supervised Persons, financial professionals, and companies providing services on their behalf keep Investor Information confidential. The Firm maintains safeguards that comply with federal standards to protect such information. The Firm restricts access to the Investor Information to those Supervised Persons who need to know that information in the course of their job responsibilities. Third parties with whom the Firm shares Investor Information must agree to follow appropriate standards of security and confidentiality. The Firm’s privacy policy applies to both current and former Investors. The Firm may disclose Investor Information about a former Investor to the same extent as for a current Investor.
E. Location and Maintenance of Investor Information
All Investor Information is retained in accordance with LendingRobot’s “Record Retention Policy,” as set forth in this Manual. The CCO ensures the security of the Firm’s Investor Information by keeping all Investor Information only in a secure location with limited access designated by the CCO. In the case of all such Investor Information, limited access will be granted to only those Supervised Persons who require such information in the course of their specific job responsibilities. If a Supervised Person requires access to Investor Information, they must receive approval from the Firm’s CCO, who will determine if such access will be approved, and if so, the level of access allowed thereto.
F. Initial Privacy Notices
LendingRobot shall provide new Investors with a Privacy Notice describing this privacy policy and shall obtain and retain written evidence that such notice was provided prior to making the investment.
G. Annual Distribution of Privacy Notices
On an annual basis, LendingRobot shall distribute, to all the Firm’s Investors, a Privacy Notice describing this privacy policy. The CCO shall retain a copy of the Privacy Notice sent and shall make and retain a record of its distribution.
H. State Privacy Laws
Certain states have adopted privacy regulations that may apply to advisers with investors who are residents of those states. To ensure compliance with state privacy requirements, the CCO will periodically review such laws and evaluate whether the Firm’s procedures and controls are sufficient in light of the review. To the extent necessary, LendingRobot will revise its procedures and institute additional controls in order to comply with applicable state privacy laws.
A. Privacy Regulation
The SEC’s Regulation S-P (Privacy of Consumer Financial Information, herein after the “Privacy Rules”), which was adopted to comply with Section 504 of the Gramm-Leach-Bliley Act, requires investment advisers to disclose to their investors the Firm’s policies and procedures regarding the use and safekeeping of investor records (“Privacy Notice”).
Among other requirements, the Privacy Rules require financial institutions to send initial Privacy Notices to “consumers”, send annual Privacy Notices to “customers” and provide both customers and consumers the opportunity to opt out of the disclosure of any non-public personal information about a consumer to a nonaffiliated third party. For purposes of this Policy, “consumers” are potential and current Investors, and “customers” are the current Investors.
B. Collection of Investor Information
From time to time, Lending Robot may collect personal and/or confidential information about investors mainly through the following sources:
- Subscription documents, investor questionnaires, and other information provided by the investor in writing, in person, by telephone, electronically, or by any other means. This information includes name, address, nationality, tax identification number, and financial and investment qualifications.
C. Disclosure of Nonpublic Personal Information
LendingRobot does not sell or rent Investor Information. The Firm does not disclose Investor Information to nonaffiliated third parties or to affiliated entities, except as permitted by law. For example, the Firm may share Investor Information in the following situations:
• To service providers in connection with the administration and servicing of the Firm, including attorneys, accountants, auditors, and other professionals. The Firm may also share information in connection with the servicing or processing of Firm transactions.
• To respond to a subpoena or court order, judicial process, or regulatory authorities.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities.
• Upon consent of an Investor to release such information, including authorization to disclose such information to persons acting in a fiduciary or representative capacity on behalf of the Investor.
D. Protection of Investor Information
LendingRobot’s policy is to require that all Supervised Persons, financial professionals, and companies providing services on their behalf keep Investor Information confidential. The Firm maintains safeguards that comply with federal standards to protect such information. The Firm restricts access to the Investor Information to those Supervised Persons who need to know that information in the course of their job responsibilities. Third parties with whom the Firm shares Investor Information must agree to follow appropriate standards of security and confidentiality. The Firm’s privacy policy applies to both current and former Investors. The Firm may disclose Investor Information about a former Investor to the same extent as for a current Investor.
E. Location and Maintenance of Investor Information
All Investor Information is retained in accordance with LendingRobot’s “Record Retention Policy,” as set forth in this Manual. The CCO ensures the security of the Firm’s Investor Information by keeping all Investor Information only in a secure location with limited access designated by the CCO. In the case of all such Investor Information, limited access will be granted to only those Supervised Persons who require such information in the course of their specific job responsibilities. If a Supervised Person requires access to Investor Information, they must receive approval from the Firm’s CCO, who will determine if such access will be approved, and if so, the level of access allowed thereto.
F. Initial Privacy Notices
LendingRobot shall provide new Investors with a Privacy Notice describing this privacy policy and shall obtain and retain written evidence that such notice was provided prior to making the investment.
G. Annual Distribution of Privacy Notices
On an annual basis, LendingRobot shall distribute, to all the Firm’s Investors, a Privacy Notice describing this privacy policy. The CCO shall retain a copy of the Privacy Notice sent and shall make and retain a record of its distribution.
H. State Privacy Laws
Certain states have adopted privacy regulations that may apply to advisers with investors who are residents of those states. To ensure compliance with state privacy requirements, the CCO will periodically review such laws and evaluate whether the Firm’s procedures and controls are sufficient in light of the review. To the extent necessary, LendingRobot will revise its procedures and institute additional controls in order to comply with applicable state privacy laws.
This Client Agreement is made on and as of the date set forth on the subscription hereto, between Lend Academy Investments, LLC, doing business as LendingRobot (“LendingRobot”), and the client that has subscribed to this Client Agreement (“Client”).
1. Appointment of LendingRobot as Investment Adviser
Client hereby appoints LendingRobot to act as an investment adviser to the Client in connection with such peer-to-peer lending programs (“Peer Lenders”) as may be mutually designated by LendingRobot and Client. Client shall establish an account and deposit funds with each Peer Lender so designated (“Peer Lending Account”). LendingRobot shall have authority to buy and sell loans and securities on Client’s behalf through each Peer Lending Account, in its sole discretion and without rst consulting Client. Client shall provide LendingRobot with information on Client’s investment objectives and any special instructions or limits that Client wishes LendingRobot to follow in managing each Peer Lending Account. LendingRobot shall not be obligated to obtain further information concerning Client’s nancial position or to assess the appropriateness of Client’s investment objectives or special instructions or limits.
2. Electronic Communications
Client and LendingRobot mutually agree to conduct transactions by electronic means. Client’s information and instructions shall be provided to LendingRobot via LendingRobot’s website, in the format devised by LendingRobot, and LendingRobot shall not be obligated to accept information or instructions in any other manner.
3. Compensation
Client agrees to pay LendingRobot a fee at an annual rate of 0.45% of the amount above $5,000 of the sum of (a) the current value of all loans and securities acquired by LendingRobot on Client’s behalf and currently held by Client and (b) the cash balance available for investment in each active Peer Lending Account.
Such loans and securities shall be valued at the values assigned by the respective Peer Lenders or, if such Peer Lenders have not assigned values, at the values reasonably assigned by LendingRobot. Prior to issuance, loans are valued at their invested amounts. Such fee shall be calculated for each calendar day and shall be billed and paid with respect to each one-month period, on the one-month anniversary of the end of such period, unless the amount is under $1.00, in which case the fee will be carried over to the next period.
In addition, if Client shall terminate this Client Agreement, Client agrees to pay the fees that accumulated since the Client’s last billing cycle.
The allowance of assets managed for free may increase by $5,000 when a client is invited by another client. LendingRobot may invalidate such incentives if it believes the system was gamed in any way.
Client agrees that LendingRobot’s fees shall be charged against Client’s credit or debit card. Client agrees at all times to provide LendingRobot with current information on a credit or debit card with sucient credit or debit availability to cover LendingRobot’s fees. If for any reason LendingRobot is unable to charge Client’s credit or debit card, Client agrees unconditionally to promptly pay any outstanding fees on demand.
4. Expenses
LendingRobot shall pay all of its expenses in connection with its provision of its services hereunder. LendingRobot shall not pay any expenses of any Peer Lenders or otherwise incurred by Client in connection with the Peer Lending Accounts.
5. Assumption of Risk and Limitation of Liability
Client acknowledges that investments made through the Peer Lending Accounts involve risk, that Client has read and understands the prospectus and other disclosures made by the designated Peer Lenders, and that Client has assumed and is capable of sustaining the risks of investment.
To the extent permitted under applicable law, Client understands and agrees that LendingRobot will not be liable to Client or third parties for any losses incurred by Client that arise out of or are in any way connected with any transaction or other act or failure to act of LendingRobot under this Agreement, so long as such recommendation or other act or failure to act does not constitute a breach of LendingRobot’s duciary duty to Client.
Nothing in this Section or in this Agreement shall in any way constitute a waiver or limitation of any rights that Client may have under any federal or state securities laws.
6. Other Activities
Client understands that LendingRobot performs similar services for various clients other than Client. Client agrees that LendingRobot may give advice and take action in the performance of its duties with respect to any of its other clients that may differ from advice given, or the time or nature of action taken, with respect to the Peer Lending Accounts, so long as it is the policy of LendingRobot, to the extent practical, to allocate investment opportunities to Client over a period of time on a fair and equitable basis relative to other clients of LendingRobot. Client understands that LendingRobot will manage accounts of other persons and that principals, aliates, or employees of LendingRobot may trade securities for their own account and accounts of family members (collectively, “Other Accounts”). Client agrees that trade executions for the Peer Lending Accounts and Other Accounts may occur simultaneously and that Client may not receive execution priority over Other Accounts. All trade executions occurring simultaneously for the benet of the Client and Other Accounts shall be allocated among the Client and Other Accounts on an equitable basis.
7. Indemnication
Client shall indemnify, defend, and hold LendingRobot and its ocers, directors, employees, agents, and representatives harmless from and against any suit, judgment, claim, demand, loss, liability, expense, or interest (including legal fees and expenses) (“Losses and Expenses”) arising out of or in connection with this Agreement, excluding those Losses and Expenses arising from LendingRobot’s breach of duciary duty to Client.
8. Form ADV Brochure
Client acknowledges receipt of a copy of LendingRobot’s Form ADV brochure before or at the time Client entered into this Client Agreement.
9. Notices
Any notice hereunder may be delivered to the addressee thereof by means of electronic transmission, unless a party hereto is on notice that the other party is unable to receive such party’s electronic transmissions, in which case notices to such party shall be delivered by rst class mail.
A. Notices to LendingRobot pursuant to this Agreement shall be directed to info@lendingrobot.com, or to: LendingRobot 66 South Logan Street Denver, CO 80209
B. Notices to Client pursuant to this Agreement shall be directed to the electronic mail or postal address of Client as set forth on LendingRobot’s books and records.
10. Assignment
No Assignment of This Client Agreement, Within the Meaning of the Investment Advisers Act of 1940 and the Rules Thereunder, Shall Be Made by Either Party to This Client Agreement Without the Prior Consent of the Other Party Hereto.
11. Termination
This Agreement shall continue in effect until terminated by either party. In the event of a termination by Client, Client shall pay LendingRobot a termination fee as provided in Section 3 above.
12. Proxy Voting and Other Legal Action
LendingRobot will not vote, or give any advice about how to vote, proxies or consents for loans or securities held in the Peer Lending Accounts. LendingRobot also will not advise Client or act for Client in any legal proceedings, including bankruptcies, involving loans or securities held or previously held in the Peer Lending Accounts or the issuers of or obligors on those loans or securities.
13. Client Competency
Client represents that Client is of the age of majority and is fully competent to enter into and perform this Client Agreement. The death, disability or incompetency of client will not terminate or change the terms of this Agreement. However, Client’s executor, guardian, attorney-in-fact, or other authorized representative may terminate this Agreement by giving written notice to LendingRobot.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the law of the State of Washington applicable to agreements negotiated, executed, and wholly performed within such State.
15. Privacy Disclosure Policy.
Client acknowledges receipt of LendingRobot’s Privacy Policy.
1. Appointment of LendingRobot as Investment Adviser
Client hereby appoints LendingRobot to act as an investment adviser to the Client in connection with such peer-to-peer lending programs (“Peer Lenders”) as may be mutually designated by LendingRobot and Client. Client shall establish an account and deposit funds with each Peer Lender so designated (“Peer Lending Account”). LendingRobot shall have authority to buy and sell loans and securities on Client’s behalf through each Peer Lending Account, in its sole discretion and without rst consulting Client. Client shall provide LendingRobot with information on Client’s investment objectives and any special instructions or limits that Client wishes LendingRobot to follow in managing each Peer Lending Account. LendingRobot shall not be obligated to obtain further information concerning Client’s nancial position or to assess the appropriateness of Client’s investment objectives or special instructions or limits.
2. Electronic Communications
Client and LendingRobot mutually agree to conduct transactions by electronic means. Client’s information and instructions shall be provided to LendingRobot via LendingRobot’s website, in the format devised by LendingRobot, and LendingRobot shall not be obligated to accept information or instructions in any other manner.
3. Compensation
Client agrees to pay LendingRobot a fee at an annual rate of 0.45% of the amount above $5,000 of the sum of (a) the current value of all loans and securities acquired by LendingRobot on Client’s behalf and currently held by Client and (b) the cash balance available for investment in each active Peer Lending Account.
Such loans and securities shall be valued at the values assigned by the respective Peer Lenders or, if such Peer Lenders have not assigned values, at the values reasonably assigned by LendingRobot. Prior to issuance, loans are valued at their invested amounts. Such fee shall be calculated for each calendar day and shall be billed and paid with respect to each one-month period, on the one-month anniversary of the end of such period, unless the amount is under $1.00, in which case the fee will be carried over to the next period.
In addition, if Client shall terminate this Client Agreement, Client agrees to pay the fees that accumulated since the Client’s last billing cycle.
The allowance of assets managed for free may increase by $5,000 when a client is invited by another client. LendingRobot may invalidate such incentives if it believes the system was gamed in any way.
Client agrees that LendingRobot’s fees shall be charged against Client’s credit or debit card. Client agrees at all times to provide LendingRobot with current information on a credit or debit card with sucient credit or debit availability to cover LendingRobot’s fees. If for any reason LendingRobot is unable to charge Client’s credit or debit card, Client agrees unconditionally to promptly pay any outstanding fees on demand.
4. Expenses
LendingRobot shall pay all of its expenses in connection with its provision of its services hereunder. LendingRobot shall not pay any expenses of any Peer Lenders or otherwise incurred by Client in connection with the Peer Lending Accounts.
5. Assumption of Risk and Limitation of Liability
Client acknowledges that investments made through the Peer Lending Accounts involve risk, that Client has read and understands the prospectus and other disclosures made by the designated Peer Lenders, and that Client has assumed and is capable of sustaining the risks of investment.
To the extent permitted under applicable law, Client understands and agrees that LendingRobot will not be liable to Client or third parties for any losses incurred by Client that arise out of or are in any way connected with any transaction or other act or failure to act of LendingRobot under this Agreement, so long as such recommendation or other act or failure to act does not constitute a breach of LendingRobot’s duciary duty to Client.
Nothing in this Section or in this Agreement shall in any way constitute a waiver or limitation of any rights that Client may have under any federal or state securities laws.
6. Other Activities
Client understands that LendingRobot performs similar services for various clients other than Client. Client agrees that LendingRobot may give advice and take action in the performance of its duties with respect to any of its other clients that may differ from advice given, or the time or nature of action taken, with respect to the Peer Lending Accounts, so long as it is the policy of LendingRobot, to the extent practical, to allocate investment opportunities to Client over a period of time on a fair and equitable basis relative to other clients of LendingRobot. Client understands that LendingRobot will manage accounts of other persons and that principals, aliates, or employees of LendingRobot may trade securities for their own account and accounts of family members (collectively, “Other Accounts”). Client agrees that trade executions for the Peer Lending Accounts and Other Accounts may occur simultaneously and that Client may not receive execution priority over Other Accounts. All trade executions occurring simultaneously for the benet of the Client and Other Accounts shall be allocated among the Client and Other Accounts on an equitable basis.
7. Indemnication
Client shall indemnify, defend, and hold LendingRobot and its ocers, directors, employees, agents, and representatives harmless from and against any suit, judgment, claim, demand, loss, liability, expense, or interest (including legal fees and expenses) (“Losses and Expenses”) arising out of or in connection with this Agreement, excluding those Losses and Expenses arising from LendingRobot’s breach of duciary duty to Client.
8. Form ADV Brochure
Client acknowledges receipt of a copy of LendingRobot’s Form ADV brochure before or at the time Client entered into this Client Agreement.
9. Notices
Any notice hereunder may be delivered to the addressee thereof by means of electronic transmission, unless a party hereto is on notice that the other party is unable to receive such party’s electronic transmissions, in which case notices to such party shall be delivered by rst class mail.
A. Notices to LendingRobot pursuant to this Agreement shall be directed to info@lendingrobot.com, or to: LendingRobot 66 South Logan Street Denver, CO 80209
B. Notices to Client pursuant to this Agreement shall be directed to the electronic mail or postal address of Client as set forth on LendingRobot’s books and records.
10. Assignment
No Assignment of This Client Agreement, Within the Meaning of the Investment Advisers Act of 1940 and the Rules Thereunder, Shall Be Made by Either Party to This Client Agreement Without the Prior Consent of the Other Party Hereto.
11. Termination
This Agreement shall continue in effect until terminated by either party. In the event of a termination by Client, Client shall pay LendingRobot a termination fee as provided in Section 3 above.
12. Proxy Voting and Other Legal Action
LendingRobot will not vote, or give any advice about how to vote, proxies or consents for loans or securities held in the Peer Lending Accounts. LendingRobot also will not advise Client or act for Client in any legal proceedings, including bankruptcies, involving loans or securities held or previously held in the Peer Lending Accounts or the issuers of or obligors on those loans or securities.
13. Client Competency
Client represents that Client is of the age of majority and is fully competent to enter into and perform this Client Agreement. The death, disability or incompetency of client will not terminate or change the terms of this Agreement. However, Client’s executor, guardian, attorney-in-fact, or other authorized representative may terminate this Agreement by giving written notice to LendingRobot.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the law of the State of Washington applicable to agreements negotiated, executed, and wholly performed within such State.
15. Privacy Disclosure Policy.
Client acknowledges receipt of LendingRobot’s Privacy Policy.
LendingRobot has not reviewed any of the sites linked to this site and is not responsible for the content of off-site pages or any other site linked or linking to the site. Your linking to any off-site pages, including those provided in any linked news articles or other sites, is at your own risk. References to LendingRobot that are contained on any website, article or social media post should not be considered as a recommendation of or by LendingRobot. Our robot allows you to get a yield higher than the market average.