Terms of Service
Last Updated: June 8th, 2020
These Terms of Service apply to your use of the LoanGlide website (“Website”), or a mobile application (“Mobile App”), maintained by LoanGlide Inc or its wholly-owned subsidiaries (collectively referred to as “LoanGlide”, “we”, “us” or “our”). The Mobile App and Website are collectively referred to in this document as the “Services”. LoanGlide itself is not a financial institution or lender; instead, the loans are provided by participating banks and other lenders (“Loan Providers”) based on the information that LoanGlide collects on behalf of the Loan Providers and the qualification criteria established by the Loan Providers.
1. Acceptance of the Terms of Service2. Changes to the Terms of Service3. The Services are for Use by Individuals 18 years of age and older4. Service Use Restrictions5. User Representations6. Ownership of Content7. Consent to Electronic Records and Communication8. Consent to be Contacted9. Intellectual Property10. Third-Party Links11. Disclaimers12. Limitation of Certain Damage Types13. Limitation of Liability Amount14. Disputes, Governing Law, Venue, and Jurisdiction15. Arbitration Agreement & Dispute Resolution16. Indemnity17. Privacy and Your Personal Information18. California Residents
1. Acceptance of the Terms of Service
When you access or use the Services, you are confirming that you have read, understand, and agree to be bound by these terms of service (“Terms of Service”), regardless of whether you receive financing through a Loan Provider. Please read the Terms of Service carefully and print a copy for your records.
In addition to these Terms of Service, you may enter into other agreements with us or others that will govern your use of the Services or other services offered on behalf of the Loan Providers through the Services. If there is any contradiction between these Terms of Service and another agreement you enter into applicable to specific aspects of the Services or other services offered or made available through the Services, the other agreement shall take precedence in relation to the specific aspects of the Services to which such other agreement applies.
PLEASE BE AWARE THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND LOANGLIDE HAVE AGAINST EACH OTHER ARE RESOLVED AND THE DAMAGES THAT MAY BE AVAILABLE. IN PARTICULAR, SECTION 15 CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST LOANGLIDE TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 15 OF THESE TERMS: (I) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST LOANGLIDE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (II) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS AND HOW TO OPT OUT OF ARBITRATION.
2. Changes to these Terms of Service
By accessing our Services, you acknowledge that we have the right to revise and amend these Terms of Service without prior notice to you. If we make any changes to these Terms of Service, a notice will be posted on the Services. We encourage you to check back to the Terms of Service regularly. Your continued use of the Services following our posting of any such changes will mean that you accept such changes.
3. The Services are for Use by US Residents 18 years of age and older
The Services are intended solely for natural persons who are US residents, eighteen (18) years of age or older. Any registration by, use of, or access to the Services by any person who is a non-resident or is under 18 is unauthorized and in violation of these Terms of Service. We may terminate your use of the Services without notice if we believe you do not meet the residency and age requirements.
4. Services Use Restrictions
Without our prior written consent, you may not:
- Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
- Frame the Services in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Services’ pages, or otherwise affect the display of any pages on the Services;
- Engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
- Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or
- Access, use, or monitor our Services for benchmarking or any direct competitive purposes.
We may terminate or disable your access to these Services for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms of Service.
5. User Representations
By using or accessing the Services, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Services; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
You also agree not to use the Services to:
- Except where authorized by us, register for more than one User account, or register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
- Upload, post, transmit, share, store, or otherwise make publicly available through the Services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party;
- Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Services; or use or attempt to use another person’s account without authorization from that person, or create a false identity through the Services.
6. Ownership of Content
As between Us and You, all content made available on or through the Services, whether uploaded, published, or displayed by Us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement is the property of LoanGlide or one or more of the Loan Providers (collectively the “LoanGlide Content”). To the best of Our knowledge, We display only content that We own or have permission to use. No LoanGlide Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
7. Consent to Electronic Records and Communication
By accessing the Services, you agree to the terms of our Consent to Electronic Records and Communication available at www.loanglide.com/disclosures]
8. Consent to be Contacted
By accessing the Services, and notwithstanding any current or prior election to opt in or opt out of receiving communications from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, the Loan Partners and other entities contacting you in relation to your use of the Services. You agree we may contact you in any way, including SMS messages (including text messages), mobile applications, email, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. You certify, warrant and represent that the contact information you provide through the Services is valid and that you are permitted to receive communications through your contact information. You agree to promptly notify us whenever your contact information changes.
9. Intellectual Property
The names and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, or trade dress of LoanGlide in the United States. The Services may also display the trademarks of Loan Providers, which we use under a license from the Loan Providers. You may not use, copy, reproduce, download or distribute, in whole or in part, any trademark displayed on the Services without the prior written permission of the owner of the trademark in each instance.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Services are non-confidential and shall become the sole property of LoanGlide. LoanGlide shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We respect the intellectual property of others, and we may, in appropriate circumstances and at our discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be infringers. If you believe that your copyright or intellectual property rights have been infringed, please send a written notification of such infringement to our designated agent at: 785 Orchard Dr., Suite 150, Folsom, CA 95630
10. Third-Party Links
The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third- Party Links”). Where the Services contain links to Third-Party Links, these links are provided for your information and convenience only. LoanGlide has no control over the contents of those sites or resources, and we do not review, approve, or endorse Third-Party Links. Therefore, you use all Third-Party Links at your own risk and should apply an appropriate level of caution when visiting or providing information to a Third-Party Link. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, not these Terms of Service.
We reserve the right to change any and all content within the Services and any service offered through the Services at any time without notice.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY LOANGLIDE ENTITIES) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS. YOU ALSO UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER DATA, FINANCIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS, OR PERSONAL INJURY OR DEATH, RELATING TO OR RESULTING FROM ANYONE’S USE OF THE SERVICES.
12. Limitation of Certain Damage Types
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT THE LOANGLIDE ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. THE LOANGLIDE ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.
13. Limitation of Liability Amount
EXCEPT AS PROVIDED BELOW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND YOU SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
14. Governing Law, Venue, and Jurisdiction
By using the Services, you agree that these Terms of Service shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
For any cause of action initiated against LoanGlide relating to these Terms of Service, you and LoanGlide agree to submit to the exclusive and personal jurisdiction of the courts located in Delaware.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, then we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect. The language of these Terms of Service shall be construed as to its fair meaning and not strictly for or against any party.
15. Arbitration Agreement & Dispute Resolution
This Section 15 of the Terms of Service creates an Arbitration Agreement. It is part of your contract with LoanGlide and significantly affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
YOU AND US BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND WE ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU AND WE ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
We also both agree that:
Notice of Dispute. If either you or we intend to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to us should be sent either by mail to LoanGlide Inc, 785 Orchard Dr., Suite 150, Folsom, California 95630; or firstname.lastname@example.org. Notice to you will be to your email address(es) and street address(es), if any, that we have in our records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then proceed to file a claim for arbitration.
Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association (“AAA”). The AAA will apply the AAA’s Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules and fee information from the AAA (www.adr.org).
Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in your county of residence (or if a business, your principal place of business) or Sacramento County, California provided that your Dispute meets the requirements of the small claims court.
Arbitration Location. Unless you and we agree otherwise, the arbitration must take place in the county of your primary residence or Sacramento County, California.
Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, you and LoanGlide agree to reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s).
WAIVER OF CLASS OR CONSOLIDATED ACTIONS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
Opt Out. You may opt out of the Arbitration Agreement in this Section 15. If you do so, neither you nor LoanGlide can force the other to arbitrate. To opt out, you must notify LoanGlide in writing no later than 30 days after first use of the Services and becoming subject to this Arbitration Agreement. Your notice must include your name and address, your LoanGlide username (if any), the email address you used to set up your LoanGlide account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: 785 Orchard Dr., Suite 150, Folsom, CA 95630 If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you.
To the maximum extent permitted by law, you agree to indemnify and hold us, our direct and indirect parent entities and subsidiaries, each of our and their respective affiliates, and each of the foregoing’s respective directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Services or any violation of these Terms of Service.
17. Privacy and Your Personal Information
18. California Residents
We do not share the information on California resident with affiliates or third parties for the affiliates’ or third parties’ direct marketing purposes. California residents also have specific privacy rights provided by the California Consumer Privacy Act, as it may be amended from time to time. These include: (1) the right to request information from us regarding what categories of personal data we have collected about you; (2) the right to request a copy of the specific personal information collected about you during the last 12 months; (3) a limited right to have such information deleted (with exceptions); (4) the right to request that your personal information not be sold to third parties, if applicable; and (5) the right not to be discriminated against because you exercise your rights. To exercise these rights or to inquire about privacy protection at LoanGlide Inc., you may visit our CCPA Page www.loanglide.com/disclosures or contact us by phone at916-618-4264.
PLEASE PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES.