By accessing the Loan App (the “App”), you agree to be bound by these terms and conditions (the “Terms”). Please read these Terms carefully. If you do not agree to these Terms, please exit the App immediately.
Loan Referral Service
Our loan referral service (the “Service”) connects consumers with prospective lenders participating in our network (the “Lender”). To use the Service, you must complete an online request form (a “Request Form”) that requests personal information from you, including your name, address, telephone number, email address, social security number, bank account information, and employment information. Our collection and use of this information is subject to the App’s Privacy Policy, which is incorporated into these Terms.
Credit Decisions
Loan One Lender and make loans or credit decisions.
By submitting a Request Form, you understand and agree that you requesting loan offers from the Loan One Lender. You are also agreeing that Loan One and the Loan One Lender may contact you by any means (including email, telephone, SMS, and direct mail) so that they may assist in processing your Request Form or provide information to you about additional offers now or in the future.
Loan One Lender who receive your Request Form review your information in real-time to determine whether your information meets the Lender Partner’s underwriting criteria. Loan One Lender may use your Request Form information to perform a credit check. This credit check may be a formal credit inquiry which leaves a record on your credit report and may affect your credit score (a “Hard Check”). Or it could be an informal inquiry which will not affect your credit (a “Soft Check”). These credit checks may be performed through TransUnion, Equifax, or Experian (the “Big Three”) or they may be performed through other alternative credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau, or DataX) that track consumer transactions with lending institutions. By submitting your Request Form, you agree to allow Loan One Lender to review, verify, and research your information in such a manner.
Electronic Disclosure
By Submitting your Request Form you agree to receive notifications, disclosures, and other documents and communications both from Loan One and from our Loan One Lender. If you are connected to a Lender Partner, that lender may require you to execute an electronic loan contract. This electronic loan contract will be as binding as a loan contract in paper form. And your electronic signature will be as valid as a physical signature on a paper loan contract.
The lender may also require you to consent to receiving all notifications regarding your loan electronically. These electronic communications may include attempts to collect a debt.
Additionally, the lender may require you to access documents related to a loan, including your loan contract. By Submitting your Request Form you agree to this form of access.
The lender may allow you to withdraw your consent to electronic disclosures. Please contact the lender with whom you were connected to learn more about this process. Please note, however, that not consenting to receive electronic disclosures may affect your ability to receive a loan from a Lender Partner.
Accuracy
You represent that the information you provide to Loan One, and ultimately, the Loan One Lender, through your Request Form is accurate and truthful. If the information in your Request Form is not accurate and truthful, Loan One may deny, suspend, or terminate your use of the Service.
Control over Features, Functions, and Access to the Service
Loan One may change any information, features, or functions of the Service without prior notice. Loan One may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that Loan One determines, in its sole discretion, violate these Terms, the rights of Loan One or any third party, or is otherwise inappropriate. Loan One is not responsible for any errors or delays in providing Service caused by errors in the Request Form information provided by you or by any technical problems beyond its reasonable control.
Disclaimers and Limitations
THE APP AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” Loan One EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE APP AND ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Loan One MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE APP AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THE APP OR THE SERVICE IS AT YOUR OWN RISK.
Loan One OR THE LOAN ONE LENDER OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE APP, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF Loan One OR THE LOAN ONE LENDER HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Loan One DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR LENDER. Loan One IS NOT AN AGENT OF YOU OR ANY PARTICIPATING LENDER. Loan One IS NOT INVOLVED WITH THE LENDER’S USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A DETERMINATION ABOUT WHETHER YOU MEET A PARTICULAR LENDER’S UNDERWRITING CRITERIA. THE LENDER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT Loan One WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT LOAN ONE LENDER MAY KEEP YOUR REQUEST FORM INFORMATION, WHETHER OR NOT YOU ARE QUALIFIED FOR A LOAN WITH THEM.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Loan One, THE LOAN ONE LENDER, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnity
As a condition of using the App or the Services, you agree to indemnify Loan One and the Loan One Lender from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the App, including any claims alleging facts that if true would constitute a breach by you of these Terms.
Dispute Resolution
Any claim or controversy arising out of or relating to the use of the App, to the use of the Service, or to any acts or omission for which you may contend Loan One is liable (a “Dispute”), will be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Los Angeles, California and judgment on the arbitration award may be entered into any court of competent jurisdiction. No arbitrator will have the power to award damages in connection with any Dispute in excess of actual compensatory damages and will not multiply actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH Loan One IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING Loan One’S SERVICE, YOU CONSENT TO THESE RESTRICTIONS.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Loan One, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Los Angeles, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one year after such claim or cause of action arose or be forever barred.