Lender grants to you, solely for your use in your online interactions with Lender, a nonexclusive, limited and revocable right to access and use the Site. You agree that you will not, without the prior written consent of LendFirm® and Lender, use the Site or any part thereof for any other purpose, including without limitation commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Site. Unauthorized use of the Site or any part thereof, including but not limited to unauthorized entry into the Site or any part thereof, misuse of passwords, or misuse of any information posted to the Site, is strictly prohibited. You acknowledge that your use of the Site may be monitored, tracked and recorded by LendFirm® and/or its agents and/or contractors and/or Lender and/or its agents and/or contractors. By your use of the Site, you expressly consent to any such monitoring, tracking and recording.
The Site may be accessed using most browsers (browsers supported include without limitation: Chrome, Safari, Firefox, Edge, and IE 10 and requires cookies to be enabled for you to apply for a loan and to access and use your online account(s) with Lender (“Account”). Your online loan application will be sent to Lender using secure SSL industry standard encryption. You should receive an acknowledgement of receipt from Lender after submitting your application, but if you do not, please check your spam folder, and then contact Lender’s customer service department. Please do not submit specific questions regarding your Account through Lender’s Contact Us link, as this is not a secure form of communication. Please contact ‘Lender’s customer service department, at (888) 763-3898 with questions regarding your application or account. For media inquiries, please contact (888) 763-3898.
You agree that you will not under any circumstances::
- provide false or inaccurate information when applying for a loan; or
- Interfere or attempt to interfere with the proper function of the Site.
Equipment: Each of LendFirm® and Lender is not responsible for any errors or problems that arise from equipment malfunction and/or failure of any computer or other device you use to access the Site. If you access your Account from a public or shared computer or device, you are responsible for signing out of your Account at the end of your session.
Passwords and Account Access: Lender may at its option change the parameters for the password used to access your Account (“Password”) without prior notice to you, and if Lender does so, you will be required to change your Password the next time you access your Account. You will use reasonable security methods to prevent others from obtaining your Password or other identifying information. To prevent unauthorized access to your Account, you agree to protect and keep confidential your Account number(s), User ID(s), Password(s), and any other means of accessing your Account. Failure to do so could permit unauthorized persons to gain access to your sensitive personal and Account information and to use that information for fraudulent purposes, including identity theft. If you disclose your Account number(s), User ID(s), Password(s), and/or any other means of accessing your Account to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity to use the Site on your behalf, or to access or use your Account number(s), User ID(s), Password(s), or other means to access your Account, you are responsible for any transactions and activities performed from your Account and for any use of your personal and Account information by such person(s) or entity. You agree that if you believe or know that someone may attempt to access or has accessed your Account without your permission, or that any other unauthorized use or security breach has occurred, you will immediately notify Lender at (888) 763-3898.
Cancelling Transactions: If, prior to the Merchant delivering any goods or services to you, we determine that any of the information that you have provided to us at any time (whether before, during or after your execution of the Loan Agreement) is false or misleading, including but not limited to, your creditworthiness, your history of transactions on our site, the merchant’s account history or any other reason, we shall have the right, exercisable in our sole discretion, to terminate this Agreement immediately upon notice to you. Such termination right is in addition to all of our other rights and remedies under the Loan Agreement and/or under applicable law.
Credit Report Authorization and Reporting: By submitting an application, you understand and agree that you expressly authorize LendFirm® to obtain consumer reports and related information about you from one or more consumer reporting agencies, such as Experian and Clarity Services Inc., (1) when you apply for a loan, (2) periodically throughout the term of your loan (including in the month following the month when you pay off or otherwise satisfy the loan).
You also expressly authorize LendFirm® to verify information in your application for credit, and you agree that LendFirm® may contact third parties to verify any such information. You direct LendFirm® to use your consumer reports to authenticate your identity, to make credit decisions, and for other related purposes.
Collections: You agree to allow LendFirm® to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to LendFirm®, you agree that payment reminders may take the form of any available communication. You also agree that if you fail to pay an amount owed to LendFirm® pursuant to this Agreement, LendFirm® may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. Failure to make contractual payments may affect your credit score.
Web Content and Materials: Each of LendFirm® and Lender does not warrant the completeness, timeliness, or accuracy of any information on the Site.
LENDFIRM® AND/OR LENDER MAY AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU, DISCONTINUE OR MAKE CHANGES IN THE INFORMATION AND/OR ANY PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. EACH OF LENDFIRM® AND LENDER RESERVES THE RIGHT TO TERMINATE ANY OR ALL OF THE SITE’S CONTENT, PRODUCTS AND/OR SERVICES AT ANY TIME WITHOUT PRIOR NOTICE TO YOU
ADDITIONAL DISCLAIMERS:: THE SITE (INCLUDING ALL INFORMATION, FUNCTIONALITY, AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED ON AN “AS IS” BASIS. EACH OF LENDFIRM® AND LENDER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, ACCURACY, ADEQUACY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
TO THE EXTENT ANY OF THE PRODUCTS AND/OR SERVICES OFFERED AND/OR ADVERTISED ON THE SITE ARE PROHIBITED BY APPLICABLE LAW IN ANY JURISDICTION, EACH OF LENDFIRM® AND LENDER MAKES NO OFFER OF OR SOLICTATION FOR ANY SUCH PROHIBITED PRODUCTS AND/OR SERVICES IN SUCH JURISDICTION.
ACCESS TO THE SITE MAY FROM TIME TO TIME BE UNAVAILABLE, DELAYED, INTERRUPTED, LIMITED OR SLOWED DUE TO CAUSES BEYOND OR WITHIN THE CONTROL OF LENDFIRM® AND/OR LENDER. EACH OF LENDFIRM® AND LENDER MAKES NO REPRESENTATION OR WARRANTY AS TO THE AVAILABILITY OR FUNCTIONALTIY OF THE SITE.
LIMITATION OF LIABILITY: EACH OF LENDFIRM® AND LENDER WILL NOT BE LIABLE FOR ANY UNAVAILABILITY, DELAY, INTERRUPTION, LIMITATION, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUS, MALICIOUS CODE, OR OTHER DEFECT IN THE SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE SITE AND FILES AND THE USER’S HARDWARE, BROWSER, SOFTWARE OR DEVICE. UNDER NO CIRCUMSTANCES WILL LENDFIRM® OR LENDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR OR ANY OTHER PERSON OR ENTITY’S USE, OR INABILITY TO USE, THE SITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST OPPORTUNITY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES. REGARDLESS OF WHETHER LENDFIRM® OR LENDER HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. YOU USE THE SITE AT YOUR OWN RISK.
Information from Children: You must be 18 years old to use the Site. Lender does not knowingly collect information from anyone under the age of 18, and Lender does not offer loans or any other products or services to anyone under the age of 18.
Effective Date: June 25,2019