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Effective Date: October 2020

Welcome to LendSwift.com!

Thank you for visiting this website, located at LendSwift.com (the “Website”), which is owned and operated by LendSwift, LLC (“LendSwift”). The Website is property of LendSwift. By accessing the Website and/or using or applying for the services provided by it, you accept and agree, without limitation, to be bound by these Terms and Conditions. If you do not agree, do not use this Website.

Modifications

LendSwift may from time to time make modifications or additions to these Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. You agree that your continued use of the Website or application for or use of any of the services provided by LendSwift through the Website after the posting of such modifications or additions constitutes your acceptance of such changes to these terms and conditions. As long as you comply with these Terms of Use, LendSwift grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Intellectual Property

All trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, images and text appearing on this Website are protected intellectual properties owned by LendSwift, its licensees, or other third parties who have authorized the use of such intellectual property on our Website. Content is protected by applicable trade dress, copyright, patent and trademark laws, and various other intellectual rights and unfair competition laws.

Use of the Website

LendSwift gives you permission to view and make copies of documents, pages, images or other materials or content on this Website for the purposes of obtaining a loan or cash advance from LendSwift or its affiliates for your non-commercial, personal use. LendSwift reserves all other rights in this Website as well as its contents. You may not distribute, display, transmit or disseminate any such documents, pages, images, materials or content without our prior written consent. You may not remove or alter trademark or other proprietary notice or legend displayed on our Website or on pages printed from our Website. You may not make any other modifications to any documents obtained from our Website other than in connection with providing information required to transact business with us. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, other content or other proprietary information without our express written consent. Except as expressly provided on this Website, nothing contained on this Website shall be construed as conferring any right or license under any trademark, copyright or other intellectual property right.

Linking and Third Party Websites

This Website may contain links to websites maintained by third parties. LendSwift is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.

Eligibility

The services provided by this Website shall only be available to persons over the age of 18, unless the minimum age requirement to apply for or use these services is higher in your state of residence, in which case the services provided by this Website shall only be available to persons that meet the required age. The services provided by this Website shall also only be available to persons who are lawful residents of the United States. Not all services are available in all states or localities, and your eligibility for particular services is subject to final determination by LendSwift, its affiliates, and/or its partner lenders. This Website and the content and services it provides are directed to lawful residents of the United States. You may not use or export or reexport any portion of this Website or the services it provides in violation of any laws or regulations, including without limitation United States export laws and regulations. This Website and the services it provides are not directed at children under the age of thirteen, and LendSwift does not knowingly collect any personal information from any individual under the age of thirteen via this Website. BY USING THE WEBSITE OR APPLYING FOR OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE AT LEAST THE MINIMUM AGE THAT IS REQUIRED IN YOUR STATE, AND THAT YOU ARE A LEGAL RESIDENT OF THE UNITED STATES.

Registration, Accounts, and Security

Certain areas or functionalities of our Website may require you to register an account with us, including the creation of a username and password, in order to access them. You agree that you will not share your username or password with others. You are solely responsible for authorizing, monitoring, controlling access to, and maintaining the confidentiality of your username and password. You agree to inform us in writing of any need to deactivate your account username and password due to security, confidentiality, or other concerns. You agree that you are solely responsible for any charges or damages that may be incurred by use of your account username and password for any reason until you direct us to deactivate your account. We are not liable for any harm related to any authorized or unauthorized use of your account username and/or password. You acknowledge that use of a username and a password is an adequate form of security. You acknowledge and agree that Internet transmissions are never totally private or secure and that any message or information you send to our Website may be read or intercepted by others, notwithstanding your or our efforts to protect such transmissions. In addition, as a condition of your use of our Website, you agree that you will not take any action intended to: 1) access data that is not intended for you; 2) invade the privacy of, obtain the identity of, or obtain any personal information about any other customer or user of our Website or services; 3) probe, scan or test the vulnerability of our Website or the LendSwift network or that of our service providers; 4) breach security or authentication measures without proper authorization; 5) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to our Website or initiating or perpetuating a DDOS attack on our Website; or 6) send unsolicited mail, including promotions and/or advertising of products and services. Violations of our system or network security may result in civil or criminal liability. With LendSwift, you can be sure that whenever possible all the information you submit to us is sent through a secure server, and that we keep your information in a secure database. One way for you to verify that our Website is secure is to look for the security icon in the footer of our Website that tells you that your information is secure and encrypted. The green padlock in the URL address bar also indicates that your information on this Website is encrypted. However, since the Internet is never a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. Despite the security precautions we take, we cannot guarantee that information may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information.

Referral Program

LendSwift may conduct referral reward programs from time to time. Terms and conditions for any active referral program can be found here. The terms of this program are incorporated here by reference.

Privacy

LendSwift will use any customer data supplied through this Website in accordance with our Privacy Policy. The terms of this policy are incorporated here by reference. By using this Website, you acknowledge and agree to the terms of our Privacy Policy.

Information Collected and Advertising

Whenever a user contacts us through our Website or apps, interacts with our Website or apps, or otherwise communicates with us, we may collect certain personally identifiable information. This information may include name, home address, email address, home, work, and mobile telephone numbers, bank and/or other account numbers, salary information, other financial information, driver’s license or other government ID numbers, date of birth, and Social Security number. After you pay off your account balance in full after using any of the services provided by our Website, we may retain a copy of the information for archival purposes, to comply with state and federal laws, and to avoid identity theft or fraud. You can access and update certain information we have relating to your online account by accessing your account and changing it. We partner with third-party service providers to deliver advertisements about our services when consumers visit other websites across the Internet. These service providers place third-party cookies on our site which help us provide consumers with advertisements that are customized to particular product preferences and improve the effectiveness of our marketing. Whenever a user contacts us, interacts with our Website or apps, or otherwise communicates with us, we and/or our service providers may each directly and individually collect certain information automatically. This information may include: “clickstream” data, including information regarding our web pages you access, the frequency of such access, and your product and service preferences, device information, including hardware model, operating systems, browsers, or IP address, and mobile device information, including telephone number, the unique device identifier assigned to that device, mobile carrier, or other device attributes. This information may also include cookies, web beacons or pixels, and various other technologies to receive and store information. We and/or our service providers also collect the user’s web address and browser information when our content is presented on another website or on a mobile application. This helps us better customize your experience with our Website and make our marketing messages more relevant. In order to optimize your user experience, we also use this information for purposes of reporting and analysis, such as website performance, marketing performance, and user response to these efforts. We may use third-party service providers for these efforts. If you would like to opt out of our third party vendors’ cookies, please visit the Digital Advertising Alliance (https://youradchoices.com/) and/or the National Advertising Initiative (https://optout.networkadvertising.org/?c=1) for information about how to do so. If you would like to opt out of receiving marketing emails from us, you may use the unsubscribe or opt-out feature contained in the emails and accessible via your account dashboard to accomplish this.

Do Not Track

When you visit the Website, cookies may be placed on your computer or other device (if your device accepts cookies). LendSwift advertises its products and services on websites that you may visit, and LendSwift uses service providers to place such advertisements. Those service providers (such as Google, Microsoft, or Yahoo) may use cookies placed on your computer or other device to show you advertisements for LendSwift on other websites. LendSwift also has service providers perform analytics services, like optimizing our site and helping us with marketing, using information collected through cookies. You can opt out from service providers’ and/or markets’ use of cookies in this manner by visiting each service provider’s advertising opt-out page or by using “do not track” functionality in your web browser, which will prevent the LendSwift Website from placing cookies. If you choose not to have your browser accept cookies from the Website, you might not be able to use all features on the Website.

Electronic Communication

When you visit the Website or send emails or text messages to us, you are communicating with us electronically and consent to receive communications from us electronically as permitted by law. We may communicate with you by email or by posting notices to the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement to provide the communication in writing as permitted by law. You agree that we may email you to advise you of changes to the Website, about any of our products or services, or for such other purposes as we deem appropriate and as permitted by law.

E-Sign/E-Consent

The terms of our e-consent policy are incorporated here by reference.

Consent for Communication

When you submit your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution or jurisdiction. We may contact you for application and loan servicing purposes, including without limitation, for matters related to your loan or application, to remind you of upcoming payments, and/or for collections and other loan/account related issues. By submitting your contact information, registering for an account, applying for a service/loan or beginning an application for a service/loan, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, at any telephone number, email address, or mailing address you provide to us, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number you provide to us, including mobile telephone numbers that could result in charges to you for matters related to your loan or application, such as reminding you of upcoming payments, collections, and other loan/account-related issues. Where allowed by law, you agree that we also may contact other individuals who may be able to provide updated employment, location and contact information for you. You hereby further consent that we may utilize third party servicers and other providers for the purpose of contacting you on our behalf. You may change your contact preferences by contacting us by phone or while logged into your account, by visiting the account home screen.

Consent for Communication via Text Message

When you provide us your cell phone number, you have provided us with express consent to send you text messages about the services provided by this Website, such as payment reminders. You may also choose to receive marketing messages about other services we offer, including any promotions we may offer. Your cellular provider’s message and data rates may apply to all messages sent to you by us. We will not charge you for any text messages we send you. You understand and agree that the text messages we send to you may be seen by anyone with access to your phone and that you are responsible for taking the necessary steps to safeguard access to your phone and text messages if you wish for them to remain private. You agree to notify us if you change your phone number or if you plan to provide your phone to another individual.

Feedback and other Postings to our Website

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or the Website, or if you submit any materials through third party services, such as by tagging us on Instagram or any other social media platform, you represent and warrant that you are the owner of or have the necessary rights and licenses to provide such submissions. You further agree to, and hereby grant to us, a royalty-free, irrevocable, and fully transferable right and license to use these submissions at our discretion and to use your name or username as provided in connection with your submission or as set forth in your account. You agree not to provide any submissions that are abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior. You agree not to provide any submissions that violate or infringe the intellectual property or privacy rights of any person or entity, or that contain or transmit a virus or any other harmful component. We take no responsibility and assume no liability for any submissions provided by you or any third party, and under no circumstances shall we be liable for any user submissions, including, but not limited to any loss or damage that results from the submissions being transmitted or made available on our Website or through the use of our Website and the services provided by it. We shall not be subject to any obligations of confidentiality regarding any submission except as may be expressly agreed in writing by LendSwift or as otherwise specifically required by applicable law.

Limitation of Liability and Disclaimer of Warranty

LendSwift uses reasonable efforts to ensure that the information on this Website is accurate but cannot guarantee such accuracy. LendSwift makes no representations regarding the use or results of any content on this Website as to its accuracy, reliability or any other matter. NEITHER LENDSWIFT NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ASSIGNS THEREOF, SHALL BE LIABLE FOR ANY DIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING IN CONNECTION TO THIS WEBSITE. Everything on this Website is provided "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR INABILITY TO ACCESS OR USE ANY OF THE FOREGOING, OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OTHER DESTRUCTIVE PROGRAMMING, OR FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISY YOUR NEEDS FOR DATA BACKUP AND SECURITY. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN CONTRACTUAL AGREEMENT BETWEEN YOU AND LENDSWIFT, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION TO THIS WEBSITE, THE SERVICES, SUBMISSIONS OR THE CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU MAY HAVE PAID US IN THE PAST TWELVE MONTHS WITH RESPECT TO THE INCIDENT OR INCIDENTS GIVING RISE TO THE CAUSE OF ACTION. Because some jurisdictions may not allow the exclusion of implied warranties or limitation of certain types of damages, some of the above exclusion limitations may not apply to you. This limitation of liability will apply to the extent permitted by law in the applicable jurisdiction.

Indemnification

You agree to defend, indemnify and hold LendSwift and our affiliates and our and their directors, officers, employees, agents, contractors, successors or assigns thereof harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these terms and conditions or violation of applicable law, any of your submissions to us or the Website (including via third party services), your use of or access to the Website, or access by anyone accessing the Website using your account. We reserve the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.

Law and Venue

This Website is located in the State of Delaware. These Terms of Use and the relationship between you and LendSwift with regard to your use of the Website shall be governed by the laws of the State of Delaware without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware and agree that consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Website or the Content with respect to the Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Website must be filed within one year after such claim or cause of action arose or be forever barred.

Additional Terms

Services provided by this Website may be subject to additional terms, which will be presented to you at the time you apply for or use said services. In the event of a conflict between these terms and such additional terms, the additional terms will govern solely with respect to such services. Any such additional terms are expressly incorporated into and made part of these terms.Any failure by LendSwift to exercise any rights or enforce any of these terms and conditions shall not constitute a waiver of such rights or terms. If any provision of these terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These terms constitute the entire agreement between you and LendSwift with regard to your use of this Website, and any and all other written or oral agreements or understandings previously existing between you and LendSwift with respect to your use of this Website are hereby superseded and cancelled. We will not accept any counter-offer or request for modification to these terms; any such offer is hereby denied.