Terms and Conditions
LoanUp (“we” or “our”) owns and operates the website located at loanup.com, (the “Site”). LoanUp provides and maintains this Site for your information, conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement (“Terms of Use”). By accessing and using the Site, you accept and agree, without limitation, to the following:
Please Read This Agreement Carefully Before Accessing the Site
BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY THIS AGREEMENT AND THE TERMS OF OUR PRIVACY POLICY. THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES YOU TO ARBITRATE INDIVIDUALLY ANY DISPUTES OR CLAIMS YOU MAY HAVE WITH US AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ARBITRATION.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.
WE MAY, FROM TIME TO TIME, MAKE CHANGES OR ADDITIONS TO THIS AGREEMENT, AND YOUR CONTINUED USE OF THE SITE AFTER WE MAKE SUCH CHANGES OR ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS OF WEBSITE USE.
Products and Services
You understand and agree that LoanUp is not a lender and is not the creditor for or issuer of, any of the products featured on the Site. Any products or services advertised at this site or made available to you by any of our partners after you leave the LoanUp site, are by and remain the sole responsibility of the respective product vendors and service providers.
Information Acceptance Policy
Your receipt of an electronic or other forms of loan request confirmation does not signify any acceptance of your funding, nor does it constitute confirmation of any offer to fund. LoanUp cannot guarantee that your request for a loan will be approved by a lender. LoanUp is not responsible for requests that cannot be funded or for unsuccessful funding requests arising from an applicant’s ineligibility to qualify for the funding opportunity.
Restrictions
You must be 18 years or older to use the Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your use of products or services through the Site’s third party affiliates. LoanUp may, in its sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If LoanUp becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or of its Privacy Policy. LoanUp may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action. During the investigation, LoanUp may suspend services to any consumer being investigated and/or remove any material related to the aforementioned consumer from LoanUp’s services. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Use or the Privacy Policy could be subject to criminal or civil penalties.
Intellectual Property
The trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this site are protected intellectual properties owned by LoanUp, its licensees, or other third parties who have authorized use of such properties on the Site.
LoanUp grants you permission to view and make copies of documents, pages, images or other materials or content on this site for the purposes of submitting a request for a loan from LoanUp or its affiliates for your non-commercial, personal use. LoanUp reserves all other rights in this web site and its contents. You may not distribute, display, transmit or disseminate any such documents, pages, images, materials or content without the prior written consent of LoanUp. Except as expressly provided on this site, nothing contained on this site shall be construed as conferring any right or license under any trademark, copyright or other intellectual property right.
Disclaimer of Warranties
LoanUp uses reasonable efforts to ensure that the information on this site is accurate, but cannot guarantee such accuracy. LoanUp makes no representations regarding the use or the results of any content on the Site as to its accuracy, reliability or any other matter.
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS,” “AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.
Limitation Of Liability
EXCEPT WHERE PROHIBITED BY LAW, NEITHER DOMAIN, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS THEREOF, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE SERVICES OR CONTENT, OR YOUR INABILITY TO ACCESS OR USE ANY OF THE FOREGOING, OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, 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 HAVE PAID US IN THE PAST TWELVE MONTHS WITH RESPECT TO THE INCIDENT GIVEN RISE THE CAUSE OF ACTION.
Third Party Content
The Site may contain links to sites maintained by third parties. LoanUp 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.
Privacy
LoanUp’s Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Site in accordance with the Privacy Policy. The Privacy Policy sets out your rights and LoanUp’s responsibilities with regard to your personal information. LoanUp will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that LoanUp, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Site after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Site.
Security
LoanUp utilizes secure technology to protect your personal information. Although LoanUp has taken reasonable measures to provide for the security of certain information that you submit to the Site, LoanUp cannot guarantee that this information will not be intercepted or decrypted by others. LoanUp accepts no responsibility for such interception or decryption.
Site Use
LoanUp is not your agent, nor is it the agent of the issuer of any payday loan or any supplier with respect to your decision to obtain a personal loan or other financial offering. LoanUp may receive compensation for third parties for goods, facilities or services that LoanUp provides to third parties under separate contract. Such goods, facilities or services may or may not relate in any way to your use of the Site. You agree to any such compensation arrangement whether or not related in any way to your use of the Site.
Indemnification
By using the Site, you agree to indemnify and hold LoanUp, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or attempted use of the Site, including providing a link to another site or uploading any content to the Site.
Law and Venue
These Terms of Website Use and the relationship between you and LoanUp shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.
LoanUp makes no representations that the content in the Site is appropriate for access outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Dispute Resolution
If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association ('AAA') in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any disputes, including any claim that all or any part of these Terms of Website Use are unenforceable.
Opt-Out of Arbitration/Class Action Waiver. These terms and conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first register on the Site.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
Violation of The Terms Of Use
By using the Site, you understand and agree that LoanUp, at its sole discretion and without prior notice, may terminate your access to the Site and to any services offered on the Site, and may remove any content you have provided if LoanUp believes that such content violates or is inconsistent with these Terms of Use or the Privacy Policy or their intent, that your conduct is disruptive, or you have violated the law or the rights of LoanUp or another user.
Modification
LoanUp reserves the right to modify these Terms of Use from time to time. Your use of the Site after such modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.
Miscellaneous
All rights not expressly granted are reserved to LoanUp. The headings used in these Terms of Use are intended for convenience only, and shall not affect the construction and interpretation hereof or thereof. A party’s failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms of Use is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms of Use, which shall remain in full force and effect. These Terms of Use and the Privacy Policy both constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.
Contact Information
LoanUp is always willing to answer your questions or concerns about this site. If you have questions relating to the terms of your loan, please contact your lender directly.
Mailing Address:
loanup.com
8 The Green
Dover, DE 19901
Email: contact@loanup.com