1. Acceptance of Terms Through Use

By using this Website, you agree to the Terms of Use. Your use of the Website is subject to these Terms of Use. The Terms of Use constitute a legally binding agreement between us. All personal information collected through this Website is subject to our Privacy Policy that is incorporated herein by reference. Please review the Terms of Use in their entirety before using our Website. You should print and retain a copy of all of the legal agreements on this Website for your records. If you do not agree to abide by the Terms of Use, you must not use this Website.

2. About Our Services

Not a Lender. We are not a lender or broker. We do not take applications, make loans, or make credit decisions in connection with your loans. We are not registered or licensed by any state or federal governmental entity for our services. You may contact us using the information in the Notice and Contacting Us section below.

Matching You with Lenders. We work to arrange for the extension of credit through one of our Lenders. We use the information you provide us to allow our Lenders to offer loans that may be of interest to you. We collect information from you to register you as a user of our Website and to determine if you meet a Lender’s eligibility criteria. After we analyze the information you provide, we will work with Lenders to arrange a loan offered by a Lender. If you are eligible to apply for loans offered by Lenders, then we may display choices that may interest you. You will then have the opportunity to select one of the choices. If you do not meet the eligibility criteria for the Lenders, then we may not provide you with any choices. You will have to complete an application with a Lender before they will offer you a loan. Lenders offer these terms directly to you. We may transfer your information to Lenders at your request and with your authorization to allow the Lender to prepare your application with them for you to submit. This is the point that you start an application process for a loan from the Lender that you have selected. The application process takes place with the Lender; we do not offer you the loan.

Relationship with Lenders. You must rely on your own judgment to decide which product and Lender suits your needs. You are under no obligation to use our Website to find a loan. We do not guarantee that completing a request will result in a match with a Lender. You may not receive an offer from a Lender. We do not have any control over the criteria that Lenders use in accepting or rejecting your application. We do not guarantee that the options available to you from the Lenders are the best terms or the lowest rates available. If we do not provide you with any choices, then you will not be able to be transferred to a Lender from our Website to apply for a loan.

No Endorsement. We do not recommend or endorse the products or offerings of any Lender. The Lender is solely responsible for its services and relationship with you. We are not liable for any damages or costs related to your relationship with the Lender.

Not an Agent. Unless stated otherwise, we are not your agent. Furthermore, we are not the agent for any participating Lender.

Collection of Information and Verification. We may require that you furnish us and the Lender with identifying information. We use this information as detailed under our Privacy Policy. We also use this information to match you with potential loan offers from Lenders. You authorize us and Lenders to obtain a personal credit profile from a credit bureau for credit pre-qualification and identity verification. You further agree that we may verify your identity and the information you provide us with third parties. A Lender may require more information from you to apply for a loan. The terms and conditions of any loan available from the Lender may change depending on information available to the Lender or your complete credit profile. We, or a Lender, may require further information from you to comply with our legal obligations, including, without limitation, anti-terrorism laws and regulations. You agree that any information you provide us will be governed by the Terms of Use, including, without limitation, the Conditions of Use section below.

Sharing of Information. You agree that we may share your information with Lenders to provide you with potential Loan choices. You acknowledge that Lenders have their own privacy practices and that you should review and understand their privacy policies and website terms of use when you apply for a loan with these Lenders. You agree that both the Lender and we may communicate with you regarding your use of the Website, the Service, and the information you shared with us.

Fees. We do not charge you fees for the use of our Services. Lenders compensate us for services that we provide to them. This compensation varies with each Lender, loan, or service. Your loan, loan rate, or loan terms may include an origination fee paid by the Lender.

3. Electronic Communications

Conduct of Business Electronically. You consent to use electronic signatures and records and to receive all disclosures electronically, including, without limitation, our Website, the email address you provided us, or other means. You agree to conduct business with us electronically over the internet. These communications include, without limitation,

• all documents, notices, and agreements arising relating to any loans you may request or receive;
• your registration as a borrower, cosigner, or lender on our web site; or
• your use of the Website or the Service.

Withdrawal of Consent and Consequences. You may withdraw your consent to receive communications electronically by using the information in Notice and Contacting Us section below. However, once you have withdrawn your consent, you may not apply for a loan using our Service or Website. If you have a pending request on our Website, we will terminate it and remove it from our system. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send communications to your verified home address provided during registration.

Hardware and Software Requirements. You represent that you have the ability to access and retain communications electronically. You represent that you satisfy the computer hardware and software requirements to use the Website. You represent that you have access to the internet, that you have an email account capable of receiving communication from us, and that you have an SSL-compliant web browser that supports secure sessions, and hardware capable of running this software.

Email or Web Posts. We will communicate with you electronically, including, without limitation, by way of email or by posting notices on the Website or a website that replaces it. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. If you require paper copies of communication, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00.

Receipt of Communication. You will be deemed to have received an electronic communication from us when we send it to the email address you provided us. You will be deemed to have received an electronic communication from us when we post this communication on our Website.

4. Conditions on Use

Use of this Website is governed by the Terms of Use. You agree to use this Website only for lawful purposes and only in accordance with the Terms of Use. In the process of using or registering on this Website, you may be required to submit personal, financial, contact, or other information. You agree that the information you provide will be accurate as of the date of the submission and that you will keep it updated. You agree to comply with all policies, procedures, and rules established by us, and all applicable federal, state, and local laws and regulations. You agree that you are responsible for obtaining access to the Website. This includes, without limitation, any third party fees involved in obtaining access and for all equipment necessary to access the Website. You may not post on or transmit through the Website any data, text, music, sound, photographs, graphics, video, messages, or other material (“User Content”) that:

1. is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
2. constitutes a breach of any person’s privacy or publicity rights;
3. violates any statute, regulation or ordinance;
4. promotes software or services that deliver unsolicited mail; or
5. promotes, encourages, or facilitates terrorism or other activities that risk national security.

You agree that you are solely responsible for any User Content you post on or transmit through the Website. You are also solely responsible for any damages resulting from that post or transmission. You may not upload, post, email, or otherwise transmit any User Content on or through the Website that:

• contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware, or similar computer programming routines;
• is knowingly untrue, inaccurate, or misleading;
• damages or interferes with the operations of the Website or with other users of this Website.

You further agree that you will not:

• Impersonate any person or entity;
• Falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website;
• Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website;
• Harvest, collect or store information about the users of this Website or the User Content posted by others on this Website;
• Use User Content for any purpose inconsistent with the purpose of this Website;
• Use any automated procedure to gather information or data from the Website by means of what is commonly called a “bot” or otherwise;
• Interfere with or disrupt the Website or servers or networks connected to the Website;
• Breach or attempt to breach the security of software, networks, servers, data, computers, or other hardware relating to the Website (or that of any third party that is hosting or interfacing with any part of the Website);
• Create any frames at any other Websites pertaining to or using any of the information provided through the Website, or promote bonus items, giveaways, random drawings, contests or prizes on the Website; or
• Duplicate, copy, or otherwise exploit the Website or its contents for commercial purposes.

We may, at our sole discretion, suspend, or terminate your access to this Website, without prior notice, if we believe that your conduct fails to conform to the Terms of Use.

5. License

Unless otherwise agreed in writing, we grant you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of this Website. Further, we grant you a limited, nonexclusive and revocable right to create a hyperlink to this Website. However, your link may not portray us, our affiliates, suppliers, or their respective goods or services in a false, misleading, derogatory, or otherwise offensive manner. You grant us a royalty free, worldwide, nonexclusive, perpetual, and irrevocable license to exercise the copyright, publicity, and database rights with respect to the information you provide us. This license includes, without limitation, the content of any messages you post on our Website. We will use this information to display the content you provide us on our Website without violating any rights you might have in the information. We reserve the right to sublicense these rights through multiple tiers. We may use, post, display, modify, reproduce, or make other similar uses of the User Content in order to display, distribute, and promote its services.

6. Passwords and Unauthorized Usage

You agree to maintain the confidentiality of any password you create in conjunction with your use of this Website. You further agree that you are solely responsible for all activity under your any account you may create with our Website. This responsibility includes any misuse of your password and any damages caused thereby. You agree to notify us immediately, in writing, in the event you become aware of any unauthorized use of your password or account. We may rely on the provision of your username and password as identifying and authenticating you as the user.

7. Intellectual Property

Nothing within the Terms of Use or the Website shall be construed as conferring any license under the Terms of Use of any of our intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise. You agree that certain content available through and used to operate this Website is protected by copyright, trademark, patent, or other proprietary rights. You agree not to modify, alter, remove, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Website. You agree not to use any of the trademarks, service marks, or other content accessible through the Website for any purpose other than the purpose for which this content is made available to you. You agree not to use any of the trademarks, service marks, and other content accessible through this Website in any way that causes or is likely to cause confusion about the owner or authorized user of the marks or content. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Website. You agree not to adapt, translate, modify, decompile, disassemble, copy, create derivative works of, or reverse engineer this Website or any software or programs used in connection with this Website.

8. Claims of Copyright Infringement and other Disputes

We may respond to claims of copyright infringement in accordance with pertinent international laws. We may, in our sole discretion, terminate the accounts of users who are repeat offenders of these laws.

You may contact us to report any infringement of copyright laws by using information provided in the Notice and Contacting Us Section below. You may notify us of any User Content or other material on this Website that is allegedly infringing, defamatory, damaging, illegal, or offensive. We may then investigate the allegation and determine in its sole discretion whether to remove or request the removal of this content from the Website.

We may disclose any of this content or electronic communication of any kind:

• As permitted or required by law or by an order or requirement of a court, administrative agency, or other government entity, or by court rules concerning the production of records;
• If disclosure is necessary or appropriate to operate this Website;
• If we have reasonable grounds to believe that use or disclosure is necessary to protect our rights, privacy, property, or safety, or of our its officers, directors, employees, agents, users, or others;
• If we have reasonable grounds to believe that the information relates to the breach of an agreement or violation of the law that has been, is being, or is about to be committed;
• It is necessary to enforce or apply our legal agreements, to pursue remedies, or to limit our damages; or
• Other reasons allow it or other laws require it.

9. Unsolicited Idea Submission Policy

We do not accept unsolicited ideas. Neither we nor any of our employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved services or technologies, service enhancements, processes, techniques, methods, systems, designs, plans, charts, concepts, other materials, marketing plans or new service names. Please do not send any original creative artwork, suggestions, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials to us. If you still send these ideas, they will be considered non-confidential and non-proprietary regardless of what the transmission states. However, your personal information will continue to be treated according to our Privacy Policy. In addition, these submissions will automatically become our property without compensation to you. We will have no obligations with respect to these submissions.

10. Links to other Websites

Your linking to any other linked, off-site, or other website is at your own risk. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any other linked website. We are not responsible for examining or evaluating any businesses or individuals or the content of their websites. We do not warrant the offerings of any businesses or individuals or the content of any businesses or individuals. We do not assume any responsibility or liability for the actions, products, and content of any other third parties. You should carefully review the legal agreements or other conditions of use of any website that you access through a link from this Website.

11. Service Disruption

We do not warrant that the Website will be uninterrupted, not delayed, or free from error. We will not be held responsible for interruptions to the Website. We are not liable for failures or delays caused by matters beyond its reasonable control. These matters include government acts or restrictions, acts of terrorism, fires, floods, earthquakes, hurricanes or other natural disasters or acts of God, wars, riots, strikes, network, server or power disturbances or failures, software glitches, internet disturbances, labor disputes or unrest, or intellectual property disputes. Your use of the Website is at our discretion. We may suspend or limit your use at any time. In those cases, we will attempt to notify you by email. Your rights and obligations under the Terms of Use will not be affected by any suspension or limitation of your use.

12. Limitation of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THE WEBSITE. WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. THIS LIMITATION INCLUDES LOSS, COST, OR EXPENSE CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. LOSSES INCLUDE BUT ARE NOT LIMITED TO LOSS OF PROFIT, GOODWILL, BUSINESS REPUTATION, OR DATA. COSTS INCLUDE BUT ARE NOT LIMITED TO THE COST OF PROCURING SUBSTITUTE SERVICES. EXPENSES INCLUDE BUT ARE NOT LIMITED TO LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENT. IN ADDITION TO THE ABOVE, WE ARE NOT LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGE INCURRED BY YOU, INCLUDING THOSE THAT RESULT FROM THE FOLLOWING. FIRST, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR RELIANCE UPON THE ACCURACY, COMPLETENESS, OR EXISTENCE OF ANY ADVERTISING ON THE WEBSITE OR ANY TRANSACTION YOU HAVE HAD WITH A WEBSITE ADVERTISER OR SPONSOR. SECOND, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO ANY CHANGES WE MAY HAVE MADE TO THE WEBSITE. THIRD, WE ARE NOT LIABLE FOR ANY INTERRUPTION OF SERVICE IN THE WEBSITE OR FEATURES THEREOF. FOURTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO THE DELETION OR CORRUPTION OF DATA MAINTAINED IN OR TRANSMITTED BY THE WEBSITE. FIFTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO GIVE US ACCURATE INFORMATION ABOUT YOU. SIXTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO GIVE US ACCURATE INFORMATION ABOUT ANY ACCOUNT YOU MAY CREATE WITH OUR WEBSITE. SEVENTH, WE ARE NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO KEEP YOUR INFORMATION CONFIDENTIAL AND SECURE. THESE LIMITATIONS OF LIABILITY PROVISIONS APPLY IRRESPECTIVE OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT THOSE LOSSES COULD ARISE. THESE LIMITATIONS APPLY EVEN IF THERE HAS BEEN A FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY. WE OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS. NEVERTHELESS, WE AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING, OR OPERATING THIS WEBSITE, ASSUME NO RESPONSIBILITY OR LIABILITY THAT MAY ARISE FROM ANY CONTENT. THIS LIMITATION INCLUDES CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION.

13. Warranty Disclaimer

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING THE FOLLOWING. FIRST, WE DISCLAIM ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE, OF THIS WEBSITE. SECOND, WE DISCLAIM ANY WARRANTY THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE OR THAT WE WILL CORRECT ANY DEFECTS THAT ARE FOUND. THIRD, WE DISCLAIM THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE’S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE, AND NONINFRINGEMENT. ANY MATERIAL THAT YOU DOWNLOAD IN CONNECTION WITH THIS WEBSITE TO YOU IS DONE ENTIRELY AT YOUR OWN RISK. ANY DAMAGES, INCLUDING THOSE TO YOUR COMPUTER SYSTEM OR RELATED TO DATA LOSS, ARE YOUR RESPONSIBILITY. WE MAKE NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE OF THE UNITED STATES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS OF THE LOCATION FROM WHICH YOU ACCESS THE WEBSITE.

14. Indemnification

You are liable for any losses, expenses, or costs, arising from your 1) use of the Website; 2) failure to comply with the Terms of Use; 3) negligence, actions, or omissions; 4) violation or alleged violation of any law; or 5) violation or alleged violation of the rights of a third party. You shall defend and hold us harmless from any claim or demand arising from them.

15. Termination

You may terminate your relationship with us by notifying us in writing using the information in the Notice and Contacting Us Section below. We may terminate your use of the Website on any grounds, without notice, and without liability to you or any third party. If your use of the Website is terminated, you will still remain liable for any obligations you have incurred in connection with using the Website. We have the right to bar you from accessing the Website without liability to you or any third party.

16. Modification

We may unilaterally modify the Terms of Use at any time by posting a notice on our Website. Any updates or revisions of the Terms of Use will be effective immediately upon posting on the Website. Where feasible, we will communicate these modifications to you 30 days before the amendments take effect. Unless you notify us to the contrary, these changes will take effect 30 days after we post these changes to our Website. You will be deemed to have accepted the changes unless you notify us before the proposed date of the changes. Your rejection of these proposed changes will amount to your rejection of the modifications and you will no longer be able to use the Website thereafter. You may not alter, supplement, or amend this document unless we agree in a written agreement signed by both you and us. Your attempts to alter, supplement, or amend the Terms of Use using another method is invalid.

17. Notice and Contacting Us

We may send you notices, statements, or any other type of communication by regular mail or email, by posting it on our Website, or by any other reasonable methods. You also agree that we may post changes to the Terms of Use or other matters through links on our Website. You shall provide notice to us at: LendKey Technologies, Inc. 9999 Carver Rd Suite 400 Blue Ash, OH 45242 You may contact us by phone at (888) 549-9050 or by email at customer.care@lendkey.com, or by using the address above.

18. Jurisdiction, Venue, Choice of Law, and Time Limits

The Terms of Use shall be governed by the laws of the State of New York, without reference to its conflict of law principles. You submit to the exclusive jurisdiction of the courts of New York for any action at law or in equity relating to the Website, the Service, or the Terms of Use. You shall bring any action at law or in equity relating to the Website, the Service, or the Terms of Use in the state or federal courts located in New York County. You shall bring any claim or cause of action relating to the Website, the Service, or the Terms of Use within one year of the date the cause of action arose. Otherwise, your cause of action will be waived and time barred.

19. Additional Terms

Competence. You represent that you are of legal age to enter into this legally binding Terms of Use with us.

Severability. If any provision of the Terms of Use is held to be invalid, illegal, or unenforceable, then the remaining provisions of the Terms of Use remain in full force. Notwithstanding anything herein to the contrary, the “Warranty Disclaimer” and the “Limitation of Liability” language must survive the termination of the Terms of Use.

Successors and Assigns. The Terms of Use benefit and bind us, and our successors, and its assigns, and also binds and benefits you individually.

Assignment. You and the persons you represent may not assign the Terms of Use or your rights and obligations under it without our express prior written consent. We may withhold this consent in our sole discretion. We may assign the Terms of Use and our rights and obligations under it without your consent or the consent of any persons you represent.

No agency. Nothing contained in the Terms of Use shall be deemed to constitute either party as the agent or representative of the other party. We and you are not joint venturers or partners for any purpose.

Headings. Headings contained in the Terms of Use are for reference and convenience purposes only. They do not limit or change the meaning or interpretation of the Terms of Use.

No Waiver. Our failure to enforce the Terms of Use will not be a waiver. Our failure to enforce any provision of the Terms of Use will not be a waiver of our right to act on subsequent breaches or similar breaches. Our failure to enforce any provision of the Terms of Use will not be a waiver of our right to enforce that provision.

Entire Agreement. The Terms of Use constitutes the entire agreement between us.

20. Definitions

Terms of Use mean these Terms of Use, including any exhibits, appendixes, and other agreements incorporated by reference. We, Us, and our mean LendKey Technologies, Inc., its affiliates, subsidiaries and agents, and their respective employees, suppliers, contractors, directors, officers, shareholders, third-party content providers, sponsors, and licensors. Lender means any participating bank, credit union, lender, or loan broker that may provide you with a conditional loan offer. We are not a Lender. Service means the service that we provide to you to enable you to obtain a loan from a Lender. User Content means any data, text, music, sound, photographs, graphics, video, messages, or other material that you post or transmit through the Website. Website means any URL through which we provide services to you. Website includes any information or content included on the Website. You, your, or User means each individual that uses our website.