WEBSITE TERMS OF USE:

This document was last updated on July 13, 2021.

The lendingarch.com website (“Website”) is owned and operated by LendingArch Financial USA Inc. (“LendingArch”, “we”, “us”, or “our”). We provide credit and referral services throughout Canada and the United States. Access and use of this Website is provided by LendingArch to you (as a visitor, customer, or otherwise) on condition that you accept these terms of use (currently presented and as amended from time to time) (“Terms of Use”), which incorporates by reference our privacy policy (also as currently presented and as amended from time to time) (“Privacy Policy”). By accessing or using the Website or by submitting an application you agree that these Terms of Use form a binding agreement between you and us.

We may revise and update these Terms of Use at any time with or without notice. You are cautioned to review the Terms of Use posted periodically on the Website here. Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse the Website or any system resources, services, or networks connected to or accessible through the Website. You may only use the Website for lawful purposes.

Jurisdiction and Age

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use the Website (or any of its related services). We do not knowingly collect or solicit Personal Information from children under 18. If you under 18, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Information, please contact us. Your profile may be deleted and these Terms of Use may be terminated without warning, if we believe that you are under age or your use of the Website (or any of its related services) is not allowed.

Privacy

We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose your personal information. Please see our Privacy Policy for further details.

If you would like to use our services in connection with applying for a loan or other credit service using our Website, you will be asked to consent to our collecting, using, and disclosing the personal information that you provide for the purposes of enabling us to provide such services to you.

You acknowledge and agree that access to and use of the Website (and any of its related services) is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world as a result.

Consent, Communication, Services Paid & Financial Products and Services 

If you apply for a loan or other credit product or service through the Website, you consent to our and/or our third-party business affiliates collecting, using, and/or disclosing the personal information that you provide to us for various purposes (see our Privacy Policy), including, but not limited to, to confirm your financial situation and your initial and ongoing eligibility for such credit products and services. In order to provide you with such products and services, you may be contacted by us and/or our third-party business affiliates. In addition, you consent to allow us and/or our third-party business affiliates to perform a credit check on you, based on the information you have provided, to confirm your financial situation and your initial and ongoing eligibility for such products and services.

Unless you advise us otherwise, we and our third-party business affiliates may occasionally offer you related products, services, and pre-qualifications for other related or non-related credit or financial products and services. You acknowledge that: (i) all communications to you from LendingArch and its third-party business affiliates may be done via SMS, telephone, email, and postal mail; and (ii) LendingArch and our third-party business affiliates may receive a referral fee for providing you with or referring you to a loan or other credit product or service.

User Accounts

When you are required to open an account to use elements of the Website (or any of its related services), you must complete the registration process by providing complete and accurate information requested on the registration form. You will be asked to provide a username and password.

Where we offer you the ability to choose your own username(s) in connection with the Website (or any of its related services), we will use reasonable efforts to assign such name(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any name that (i) has already been assigned, or (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the rights of another. Where we reject a requested name, we may, in our sole discretion, assign an alternate name, ask you to select another name, or elect not to proceed further.

You agree that you are entirely responsible for maintaining the confidentiality of your username and password and that LendingArch and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to the unauthorized use of your login credentials or any lost, stolen or otherwise misappropriated username or password.

You may not use the account, username, or password of anyone else at any time, unless you are authorized to do so by such other user and us. You agree to notify us immediately on any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

You acknowledge and agree that you shall be responsible for each and every access, use or employment of the Website (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that LendingArch is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed of the Website (or any of its related services).

Restrictions on Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • In any manner that could disable, overburden, damage, or impair the Website or interfere with any third party’s use of the Website, including their ability to engage in real time activities through the Website.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website

User Feedback; Third-Party Social Media Postings

By submitting any ideas or suggestions to us (through our Website, social media sites, or other digital platforms, or through Google, or other review sites, or other means) related to improvements to the Website or Services (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you,. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback.

Cooperation with Law Enforcement and Government Agencies; Required Disclosures

You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement, and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.

You understand and agree that we may disclose your personal information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.

Security of Website 

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of our computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. We may, without notice, temporarily suspend your access to the Website (and any of its related services), including, without limitation, any specific areas hosted within the Website, by deactivating any password(s) or links to the Internet if LendingArch reasonably suspects that you, or any other parties, are obtaining unauthorized access to ours other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as we may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

Intellectual Property 

All materials (including the organization and presentation of such material) on the Website (the “Materials“) are the property of LendingArch and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names, and other similar rights.

The Materials may only be used and copied for your own non-commercial, personal purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with us, any other use of these Materials without our written permission is prohibited.

Currency of website

We update the information on the Website periodically. However, LendingArch cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Website. LendingArch may revise, supplement or delete information, services, and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked websites

The Website may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that we monitor or endorse these websites. We do not accept any responsibility for such websites. We 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 or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.

Internet Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. We shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the Materials from the Website. We recommend that you install appropriate anti-virus or other protective software.

Website and Materials Provided “As Is” 

THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS”, “WHEN AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LENDINGARCH DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL LENDINGARCH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, LENDINGARCH’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED ($100.00) DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold LendingArch and its officers, directors, managers, employees, partners, affiliates, and service providers harmless against all claims or liability arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Contact us

Should you choose to email us, kindly note that the Internet is not a secure medium and any such communication may be lost, intercepted, or altered. We are not liable for any damages related to communications to or from us. You agree with respect to any information provided by you to us that:

  • LendingArch has no obligation concerning such information;  
  • the information is non-confidential;  
  • LendingArch may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for the purposes stated in our Privacy Policy; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

The Website is controlled, operated, and administered by LendingArch from within Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Canada, by accessing the Website, you acknowledge and agree that all matters relating to access to or use of the Website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

Disputes; Resolution

Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise, such claim or action is permanently barred.

MANDATORY BINDING ARBITRATION

Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question, or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Website or our services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Calgary, Canada, in accordance with the Commercial Rules (“Rules”) of the International Arbitration Association (the “IAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the IAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the IAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by applicable law, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the IAA, shall be shared equally by the parties.

The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.

The parties agree to treat all aspects of the arbitration as confidential, as provided in the IAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.

Exceptions to Agreement to Arbitrate

You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), or (b) your violation of our intellectual property rights.

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Waiver of Jury Trial

Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.

Assignment

You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your personal information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your personal information on a confidential basis and subject to the use restrictions in these Terms.

General

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.

Communications

By creating a user account or giving us any contact or other information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS, and by telephone) from us and/or by posting the communications on the Website (e.g., by posting notices on your account profile page) concerning information and/or our services (collectively, “Communications”). For users with an account, Communications may be those that we are required to send to you by law (e.g., data security incident notifications) concerning us, your account or information, the Website, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt-out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name, and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.

Contact Us

Feel free to contact us at: [email protected]; or at 4500 Bankers Hall East, 855 2 Street SW, Calgary, AB T2P 4K7.

© Copyright 2021 | LendingArch Financial USA Inc.
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