1. Acceptance of Terms Through Use
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.
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,
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
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:
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:
You further agree that you will not:
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
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:
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.
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
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.
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.
17. Notice and Contacting Us
You shall provide notice to us at:
LendKey Technologies, Inc.
104 W. 27th Street
New York, NY 10001
You may contact us by phone at (888) 549-9050 or by email at firstname.lastname@example.org, or by using the address above.
18. Jurisdiction, Venue, Choice of Law, and Time Limits
19. Additional Terms
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.