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Terms of Use

LoansSOS.com and its related sites, services, applications, and tools (the “Site”) are owned and operated by NFP Media LLC.  These terms and conditions (the “Terms of Use”) govern Your use of the Site and Your conduct on the Site.  For the purposes of these Terms of Use, “You”/”Your” shall refer to the individual(s) reading these Terms of Use as well as anyone accessing or using the Site or any associated services (the “User”).

“LoansSOS”/”We”/”Us” shall refer, collectively, to NFP Media LLC, LoansSOS.com, its affiliates, subsidiaries, officers, employees, and other related parties.

GENERAL

Agreement to Terms. By accessing and using the Site and its related services, applications, or tools (the “Services”) You agree to be bound by these Terms of Use. The LoansSOS Privacy Policy, and any other additional policies that might apply to Your use of the Site (the “Additional Policies”) are incorporated herein by reference.

Changes to the Terms of Use or any Additional Policies may be made from time to time without notice.  Changes shall become effective when posted by LoansSOS to the Site.  Your continued use of the Site or Services constitutes your acceptance of such modifications.

Violations. Any User violating any of the Terms of Use or Additional Policies may be immediately terminated by LoansSOS.

GETTING STARTED

The Services. LoansSOS provides online Services, including a service that connects potential borrowers (“Borrowers”) with potential lenders (“Lenders”). Any resulting loans are directly between Borrowers and Lenders.  LoansSOS is not a party to any loan or other financial transaction, nor does LoansSOS serve as an agent for either Borrower or Lender.  LoansSOS reserves the right to refuse to provide the Services to any User in its sole discretion for any reason.

User Information. In order to access the Services, You may be required to provide certain information. Any information You provide to LoansSOS in any form, including personal information provided, is considered “User Information.”  All User Information is subject to the LoansSOS Privacy Policy, these Terms of Use, and all Additional Policies.

REQUESTS

General. Any User wishing to be considered for matching with a Lender must specifically request consideration by completing a loan request (a “Request”) on the LoansSOS website.  Additional information and instructions regarding Requests can be found on Loan Request page.

By completing a Request, you expressly agree to allow LoansSOS to access and utilize, in any legal way, any and all User Information You provide, including providing such information to Lenders or other LoansSOS service providers.  In an effort to protect Borrowers and Lenders LoansSOS may screen certain applications for authenticity.  Such screenings may include requesting additional information or income verification from

Borrowers.  You agree to provide the requested information in order to access the Services.  All communications between Users and LoansSOS (including LoansSOS’s service providers and affiliates) are subject to our Privacy Policy, these Terms of Use, and all Additional Policies.

Requester Representations and Warranties. By completing a Request, You represent and warrant that:

  1. You are 18 years of age or older, and have the capacity to legally form a binding contract;
  2. You are the individual providing the User Information and all User Information provided or made available by You is at all times complete and accurate;
  3. You are not making a Request on behalf of any other individual; and
  4. You agree to indemnify, defend and hold harmless LoansSOS from and against any claim resulting from Your failure to provide accurate User Information or for Your act of completing a request on behalf of any individual other than Yourself.

No Guarantee. You acknowledge that completing a Request or providing LoansSOS with any User Information does not guarantee that Your User Information will be shared with any potential Lender, that You will qualify for a potential loan, that You will be contacted by any potential Lender, or that Your Request will result in the funding of any loan.

ADDITIONAL TERMS AND CONDITIONS

Site Content. The information on the Site (the “Site Content”), including without limitation, all Site design, text, graphics, interfaces and their selected arrangements is protected by law, including copyright law.   Site Content is updated on a real-time basis and is proprietary to LoansSOS or is licensed to LoansSOS by Users or third parties.

Limited License. Subject to these Terms of Use, LoansSOS grants You a limited, nonexclusive and nontransferable license to access and use the Site strictly in accordance with these Terms of Use and any Additional Policies. You agree and acknowledge that You have the sole responsibility and liability for Your use of the Site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for You to access and use the Site.

Prohibited Use. When using LoansSOS, the Site or the Services, You agree that you will not do any of the following:

  • contact or invite contact with any other LoansSOS User for any reason;
  • use the Site or Services for any unlawful purpose or in an unlawful manner;
  • impersonate another individual or provide User Information that is not Your own;
  • use LoansSOS’s trademarks without written permission;
  • copy, reproduce, modify, create derivative works from, distribute or publicly display any Site;
  • Content from the LoansSOS Site without prior express written permission from LoansSOS;
  • interfere or attempt to interfere with the proper working of the Site or Services;
  • bypass any measure LoansSOS may use to prevent or restrict access to the Site, Site Content, User Information, or the Services;
  • use any robot, spider, scraper or other automated or manual means to access the LoansSOS Site or Site Content for any purpose, or submit a Request, without LoansSOS’s express written permission;
  • attempt to interfere in anyway with LoansSOS’s network or network security;
  • copy, reproduce, reverse engineer, modify, disassembler or otherwise attempt to derive source code from LoansSOS’s site or software; or
  • do anything that LoansSOS determines constitutes a violation or misuse of LoansSOS or any of its Services.

Failure to adhere to the LoansSOS Terms of Use or any other Additional Policies might result in penalties, fees or other related costs.

Disclaimer of Warranties; Limitation of Liability. You understand that LoansSOS functions only to facilitate potential transactions between Borrowers and Lenders. LoansSOS does not make any claims as to the quality or reliability of any party.  IN NO CASE DOES LOANSSOS GUARANTEE ANY LOAN TRANSCATION MIGHT RESULT FROM A USERS USE OF THE SITE OR SERVICES.

LOANSSOS IS NOT LIABILE DIRECTLY OR INDIRECTLY TO ANY PARTY TO ANY TRANSACTION CONDUCTED THROUGH THE SITE FOR ANY SPECIAL, INDERECT OR CONSEQUENTIAL DAMAGES,

LOSS OF PROFITS, GOODWILL, REPUTATION OR OTHER INTANGIBLE LOSSES; DAMAGES RELEATING

TO ANY USE OF LOANSSOS OR ITS SERVICES; ANY HARM CAUSED TO THE HARDWARE USED TO ACCESS LOANSSOS; OR ANY USER CONTENT, INCLUDING CONTENT THAT MIGHT BELONG TO THIRD PARTIES.

Indemnification. You shall fully indemnify, defend and hold harmless LoansSOS, its principals, officers, directors, employees, independent contractors, agents, successors, assigns and licensees from any all suits, claims, demands, judgments, costs, liabilities and expenses (including but not limited to actual damages, punitive damages, consequential damages, special damages, fines and attorney fees) arising out of

  1. Your use of the Site;
  2. any User Information You provide;
  3. any resulting transaction;
  4. any dispute you might have in connection with the Site or any User thereof, for any reason; and
  5. any inconsistency, ambiguity or falsehood relating to any warranty, representation, covenant, term or condition made or agreed to herein.

Release and Covenant not to Sue. You expressly agree to release LoansSOS, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successor and assigns from any manner of action, claim or cause of action of suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against any of the above mentioned parties resulting from Your use of the Site or Services.

Governing Law, Costs. This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws principles.  If any action at law or in equity is brought to enforce or interpret the provisions of these Terms of Use or any Additional Policies, the prevailing party in such action shall be awarded its attorneys’ fees and costs incurred.

Arbitration. ALL CLAIMS, DISPUTES, OR OTHER MATTERS IN QUESTION BETWEEN LOANSSOS AND ANY USER, RELATING TO OR ARISING OUT OF THESE TERMS OF USE AND ALL ADDITIONAL POLICIES OR BREACH THEREOF SHALL BE SUBJECT TO AND DECIDED BY ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE. THE ARBITRATOR SHALL BE EMPOWERED TO AWARD TO THE PREVAILING PARTY, AS DETERMINED BY THE ARBITRATOR, ALL COSTS AND FEES, INCLUDING THE ARBITRATOR’S FEES AND REASONABLE ATTORNEY’S FEES.

Severability, Further Assurance. If any one or more provisions of these Terms of Use or any Additional Policy shall be determined to be illegal or unenforceable all other provisions shall nevertheless be effective.  The exercise of any remedy under these Terms of Use shall not be a waiver of any remedy provided by law or in equity.  Provisions for any remedy herein shall not exclude any other remedies unless they are expressly excluded.

Modification or Waiver or Terms. Application of these Terms of Use and the terms of any Additional Policies are made at LoansSOS’s sole discretion.  LoansSOS reserves the right to waive or modify any of the Terms of Use for any User at any time.  Failure to enforce any provision of these Terms of Use or any Additional Policy shall not constitute a waiver.

Construction. These Terms of Use and all documents, agreements or other Additional Policies displayed on the Site or communicated to Users by LoansSOS in any way shall be construed as to their fair meaning and not strictly for or against any party. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.