LenderCity Terms of Use

These Terms of Use, together with LenderCity’s Privacy Policy, set forth the terms and
conditions (“Terms”) that apply to your access and use of all LenderCity products and
services (together, the “LenderCity Services” or “Services”), that are made available
through our websites including but not limited to www.LenderCity.com and
www.LenderCitywire.com, as well as through certain downloadable mobile applications
(together, the “Site”). “LenderCity” includes LenderCity, Inc. and its officers, directors,
employees, consultants, affiliates, subsidiaries and agents. The LenderCity Services are
intended for U.S. residents only and may include, but are not limited to, free credit
score; access to third party rewards programs; platforms that enable users to locate and
contact U.S. financial services, as well as professionals, such as third party experts,
advocates, and advisors, who can provide various services; discussion forums,
community forums, bulletin boards, review services, and forums in which users may ask
questions of third party advisors; and platforms that enable users to apply to qualify for
certain credit card or loan offers.
By using or accessing the LenderCity Services you agree to these Terms, as updated
from time to time in accordance with Section 8 below. Because LenderCity provides a
wide range of services, we may ask you to review and accept supplemental terms that
apply to your interaction with a specific product or service. These Terms state that any
disputes between you and LenderCity must be resolved in binding arbitration or
small claims court and that you waive the right to participate in any class action.
You may opt out of arbitration and the class action waiver by following the
procedures in Section 12.G below.
To use some of the Services, you may need to provide information such as credit card
or bank account numbers to third parties. For more information, see our Privacy Policy.
1. Registration and Account Security. To use the Services you must (i) be at least
eighteen (18) years of age; (ii) have not previously been suspended or removed from
the Services; and (iii) register for and use the Services in compliance with any and all
applicable laws and regulations.
a) Account Registration. To access some features of the Services, you may be required
to register for an account. When you register for an account, we may ask you to give us
certain identifying information about yourself, including but not limited to your email
address and other contact information, and to create a user name and password
(“Registration Information”). When registering for and maintaining an account, you
agree to provide true, accurate, current, and complete information about yourself. You
also agree not to impersonate anyone, misrepresent any affiliation with anyone else,
use false information, or otherwise conceal your identity from LenderCity for any
purpose.
b) You Are Responsible For Your Account. You are solely responsible for maintaining
the confidentiality and security of your password and other Registration Information. For
your protection and the protection of other users, we ask you not to share your
Registration Information with anyone else. If you do share this information with anyone,
we will consider their activities to have been authorized by you. If you have reason to
believe that your account is no longer secure, you must immediately notify us
at [email protected].
2. Specific Requirements for Certain Services. Your use of the Services constitutes
your acknowledgment and acceptance of the following specific requirements and terms
of use for certain of the LenderCity Services.
a) Marketplace. Marketplace is a platform that allows users to submit a request to be
matched with one of LenderCity’s Loan Provider Partners to pre-qualify for certain loan
Annual Percentage Rates (“APR”), and requires registration of a user account. In order
to offer you a rate, the Loan Provider Partners need your consent to use and accept
electronic signatures, records, and certain disclosures.
3. Third Party Services.
a) Advice from Third Parties. Some of the Services involve advice from third parties and
third party content. You agree that any such advice and content is provided for
information, education, and entertainment purposes only, and does not constitute legal,
financial, tax planning, medical, or other advice from LenderCity. You agree that
LenderCity is not liable for any advice provided by third parties. You agree that you are
responsible for your own financial research and financial decisions, and that LenderCity
is not responsible or liable for any decisions or actions you take or authorize third
parties to take on your behalf based on information you receive as a user of LenderCity.
b) Sharing Information With Third Parties. To use some of the Services, you may need
to provide information such as credit card numbers, bank account numbers, and other
sensitive financial information, to third parties. By using the Services, you agree that
LenderCity may collect, store, and transfer such information on your behalf, and at your
sole request. More information is available in our Privacy Policy. You agree that your
decision to make available any sensitive or confidential information is your sole
responsibility and at your sole risk. LenderCity has no control and makes no
representations as to the use or disclosure of information provided to third parties. You
agree that these third party services are not under LenderCity’s control, and that
LenderCity is not responsible for any third party’s use of your information.
c) LenderCity Does Not Endorse Third Parties. The Services may contain links to third
party websites and services. LenderCity provides such links as a convenience, and
does not control or endorse these websites and services. You acknowledge and agree
that LenderCity has not reviewed the content, advertising, products, services, or other
materials that appear on such third party websites or services, and is not responsible for
the legality, accuracy, or appropriateness of any such content, and shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with the use of any such third party websites or services.
4. Prohibited Conduct. You agree not to:
a) Use the Services for any illegal purpose, or in violation of any local, state, national, or
international law;
b) Violate or encourage others to violate the rights of third parties, including intellectual
property rights;
c) Post, upload, or distribute any content that is unlawful, defamatory, libelous,
inaccurate, or that a reasonable person could deem to be objectionable, profane,
indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
d) Interfere in any way with security-related features of the Services;
e) Interfere with the operation or any user’s enjoyment of the Services, including by
uploading or otherwise disseminating viruses, adware, spyware, worms, or other
malicious code, making unsolicited offers or advertisements to other users, or
attempting to collect personal information about users or third parties without their
consent;
f) Access, monitor or copy any content or information of the Site using any robot, spider,
scraper, or other automated means or any manual process for any purpose without
LenderCity’s express written permission;
g) Perform any fraudulent activity, including impersonating any person or entity,
claiming false affiliations, accessing the accounts of other users without permission, or
falsifying your identity or any information about you, including age or date of birth; or
h) Sell or otherwise transfer the access granted herein.
5. Intellectual Property and User Content. The LenderCity Services are protected by
applicable copyright and other intellectual property laws, and no materials from the
Services may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way without our express permission. All trademarks and service
marks on the Services belong to LenderCity, except third-party trademarks or service
marks, which are the property of their respective owners. You represent and warrant
that you own or otherwise have the right to use any content you post to the Services. If
you believe that your content has been used in a way that constitutes copyright
infringement, you may contact:
Phone: 888.880.2489
Email: [email protected]
You must provide the following information: an electronic or physical signature of the
copyright owner or the person authorized to act on behalf of the copyright owner; a
description of the copyrighted work that you claim has been infringed; a description of
where the material that you claim is infringing is located; your address, telephone
number, and email address; a written statement that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf. LenderCity has adopted and implements a policy that provides
for termination in appropriate circumstances of accounts of users who repeatedly
infringe copyright or other intellectual property rights of LenderCity or others.
6. Indemnification. You agree that you will be personally responsible for your use of
the Services, and you agree to defend, indemnify, and hold harmless LenderCity from
and against any and all claims, liabilities, damages, losses, and expenses (including
attorneys’ and accounting fees and costs), arising out of or in any way connected with
(i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms
or any applicable law or regulation; (iii) your violation of any third party right, including
without limitation any intellectual property right, publicity, confidentiality, property, or
privacy right; or (iv) any disputes or issues between you and any third party. LenderCity
reserves the right, at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and in such case, you agree to
cooperate with our defense of such claim.
7. Modification of the Terms. LenderCity reserves the right at any time to modify these
Terms and to impose new or additional terms or conditions on your use of the Services.
Such modifications and additional terms and conditions will be effective immediately
upon notice and incorporated into these Terms. We will make reasonable efforts to
notify you of any material changes to the Terms, including, but not limited to, by posting
a notice to our website or by sending an email to any address you may have provided to
us. Your continued use of the Services following notice will be deemed acceptance of
any modifications to the Terms.
8. Disclaimers of Warranties. The Services are provided “as is” and on an “as
available” basis, without warranty or condition of any kind, either express or implied.
Although LenderCity seeks to maintain safe, secure, accurate, and well-functioning
services, we cannot guarantee the continuous operation of or access to our Services,
and there may at times be inadvertent technical or factual errors or inaccuracies.
a) No Warranties. LenderCity specifically (but without limitation) disclaims (i) any implied
warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or noninfringement;
and (ii) any warranties arising out of course-of-dealing, usage, or trade.
You assume all risk for any/all damages that may result from your use of or access to
the Services. LenderCity is not responsible for the loss of, damage to, or unavailability
of any information you have made available through the Services, and you are solely
responsible for ensuring that you have backup copies of any information you have made
available through the Services.
b) No Guarantee Of Accuracy.LenderCity does not guarantee the accuracy of, and
disclaims all liability for, any errors or other inaccuracies in the information, content,
recommendations, and materials made available through the Services.
c) Services Provided For Informational Purposes. The information provided through the
Services is provided solely for informational, educational, or entertainment purposes.
LenderCity and the Services are not endorsed by or affiliated with FINRA, and
LenderCity is not a financial institution or insurance provider. LenderCity makes no
representations, warranties, or guarantees, express or implied, regarding the results or
savings that may be obtained through the use of the Services. Before making any
financial decisions or implementing any financial strategy, including recommendations
of third parties identified through the Services, LenderCity recommends that you obtain
additional information and advice of accountants or other financial advisors who are fully
aware of your individual circumstances.
d) No Warranties Regarding Third Parties. LenderCity makes no representations,
warranties, or guarantees, express or implied, regarding any third party service or
advice provided by a third party, or any quotes or offers provided through the Services.
LenderCity does not endorse any particular advisor or other third party. LenderCity acts
solely as an intermediary between you and third party service providers and expressly
disclaims any and all liability for any content, products, or services provided by such
service providers. See Section 3, above, for more information regarding third parties
and third party services.
10. Limitation of Liability. In no event will LenderCity be liable to you for any
incidental, special, consequential, direct, indirect, or punitive damages, whether based
on warranty, contract, tort (including negligence), statute, or any other legal theory,
whether or not LenderCity has been informed of the possibility of such damage. Some
jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain
circumstances. Accordingly, some of the above limitations may not apply to you.
11. Governing. These Terms are governed by the laws of the State of California,
without regard to conflict of law principles. Subject to Section 12, which provides that
disputes are to be resolved through binding arbitration or small claims court, to the
extent that any lawsuit or court proceeding is permitted hereunder, you and LenderCity
agree to submit to the exclusive personal jurisdiction of the state courts and federal
courts located within San Francisco County, California, for the purpose of litigating all
such disputes. We operate the Services from our offices in California, and we make no
representation that information and materials included in the Services are appropriate or
available for use in other locations.
12. Dispute Resolution by Binding Arbitration; Class Action Waiver. In the interest
of resolving disputes between you and LenderCity in the most expedient and costeffective
manner, you and LenderCity agree to resolve disputes through binding
arbitration or small claims court instead of in courts of general jurisdiction (“Agreement
to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, allows for more limited discovery than in
court, and is subject to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. Any arbitration under these Terms will take
place on an individual basis; class arbitrations and class actions are not permitted. You
acknowledge and agree that the arbitrator may award relief (including monetary,
injunctive, and declaratory relief) only in favor of the individual party seeking relief and
only to the extent necessary to provide relief necessitated by that individual party’s
claim(s). Any relief awarded cannot affect other users.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND
LENDERCITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
a) Claims To Be Resolved By Binding Arbitration. You and LenderCity agree to arbitrate
all disputes and claims between us. This agreement to arbitrate is intended to be
broadly interpreted. It includes, but is not limited to: claims arising out of or relating to
any aspect of the relationship between us, whether based in contract, tort, statute,
fraud, misrepresentation, or any other legal theory; claims that arose before this or any
prior Terms; claims that are currently the subject of purported class action litigation in
which you are not a member of a certified class; and claims that may arise after the
termination of these Terms.
b) Exceptions. Notwithstanding Section 12(A), you and LenderCity agree that no
statement herein shall be deemed to waive, preclude, or otherwise limit either party’s
right to (i) bring an individual action in small claims court; (ii) pursue enforcement
actions through applicable federal, state, or local agencies where such actions are
available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a
court of law to address intellectual property infringement claims.
c) Arbitrator. Any arbitration between you and LenderCity will be governed by the
Commercial Dispute Resolution Procedures and the Supplementary Procedures for
Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by these Terms, and will be administered by the AAA.
The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA
at 1-800-778-7879, or by contacting LenderCity.
d) Notice and Process. A party who intends to seek arbitration must first send to the
other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to LenderCity
should be addressed to: LenderCity, Inc., 691 Trade Center Blvd, Chesterfield, MO
63005 (“Notice Address”). The Notice must (a) describe the nature and basis of the
claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and
LenderCity do not reach an agreement to resolve the claim within 30 days after the
Notice is received, you or LenderCity may commence an arbitration proceeding.
e) Fees. In the event that you commence arbitration in accordance with these Terms,
LenderCity will, at your request, reimburse you for your payment of the arbitration filing
fee, unless your claim is for greater than $10,000, in which case the payment of any
fees shall be decided by the AAA Rules. Any request for payment of fees by LenderCity
should be submitted by mail to the AAA along with your Demand for Arbitration and
LenderCity will make arrangements to pay all necessary fees directly to the AAA. In the
event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous
or brought for an improper purpose (as measured by the standards set forth in Federal
Rule of Civil Procedure 11(b)), you agree to reimburse LenderCity for all fees
associated with the arbitration paid by LenderCity on your behalf that you otherwise
would be obligated to pay under the AAA’s rules.
If your claim is for $10,000 or less, you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator, through a nonappearance
based telephonic hearing, or by an in-person hearing as established by the
AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed
upon in St. Louis County, Missouri. Regardless of the manner in which the arbitration is
conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the decision and award, if any, are based.
The arbitrator may make rulings and resolve disputes as to the payment and
reimbursement of fees or expenses at any time during the proceeding and upon request
from either party made within 14 days of the arbitrator’s ruling on the merits.
f) No Class Actions. Unless both you and LenderCity agree otherwise, the arbitrator
may not consolidate more than one person’s claims, and may not otherwise preside
over any form of a representative or class proceeding.
YOU AND LENDERCITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
g) Opt-Out. If you are a new LenderCity user, you can choose to reject the arbitration
agreement contained in this Section 12 (“opt-out”) by mailing us a written opt-out notice
(“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30)
days after the date you accept these Terms for the first time. You must mail the Opt-Out
Notice to the Notice Address listed in Section 12(D), above.
The Opt-Out Notice must contain your name, address (including street address, city,
state and zip code), and the user name(s) and email address(es) associated with the
LenderCity account(s) to which the opt-out applies. You must sign the Opt-Out Notice
for it to be effective. This procedure is the only way you can opt out of the Agreement to
Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will
continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any
previous, other, or future arbitration agreements that you may have with LenderCity.
h) Modifications. If LenderCity makes any future change to this Agreement to Arbitrate
(other than a change to the Notice Address), you may reject any such change by
sending us written notice within 30 days of the change to the Notice Address provided
above. You acknowledge and agree that, in the event you reject any future change,
your account with LenderCity shall be immediately terminated and you will arbitrate any
dispute between us in accordance with the language of this provision.
i) Severability and Enforceability. If an arbitrator or court decides that any part of this
Section 12 is invalid or unenforceable, the other parts of this Section 12 shall still apply.
If the entirety of this Section 12 is found to be unenforceable, then the parties agree that
the exclusive jurisdiction and venue described in Section 11 shall govern any action
arising out of or related to these Terms, and that the remainder of the Terms will
continue to apply.
13. Modification of the Services. LenderCity reserves the right to modify or
discontinue, temporarily or permanently, some or all of the Services at any time without
any notice or further obligation to you. You agree that LenderCity will not be liable to
you or to any third party for any modification, suspension, or discontinuance of any of
the Services.
14. General.
a) Entire Agreement. These Terms, together with the Privacy Policy constitute the entire
and exclusive understanding and agreement between you and LenderCity regarding
your use of and access to the Services, and except as expressly permitted above may
only be amended by a written agreement signed by authorized representatives of the
parties.
b) No Waiver. The failure to require performance of any provision shall not affect our
right to require performance at any time thereafter, nor shall a waiver of any breach or
default of the Terms constitute a waiver of any subsequent breach or default or a waiver
of the provision itself.
c) Paragraph Headers. Use of paragraph headers in the Terms is for convenience only
and shall not have any impact on the interpretation of particular provisions.
d) Severability. In the event that any part of the Terms is held to be invalid or
unenforceable, the unenforceable part shall be given effect to the greatest extent
possible and the remaining parts will remain in full force and effect.
e) Partner Terms. In some instances, LenderCity’s third party partners require that
LenderCity users agree to be bound by some additional terms of use that are specific to
particular products or services (“Partner Terms”). In the event of any conflict between
the Partner Terms and LenderCity’s Terms of Use, LenderCity’s Terms of Use govern
and control.
15. Notice to California Residents. Under California Civil Code Section 1789.3, you
may contact the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-
202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to
resolve a complaint regarding the service.
16. LenderCity Customer Service. To contact us with questions or suggestions about
the service please email us at [email protected]