Terms of Use between user & LoanSmart

This terms of use agreement (this “Agreement”) governs your use of the LoanSmart website (the “Site”). This Agreement should be read carefully before accessing or using this Site.

By accessing or using this Site, you agree to be bound by this Agreement and, if applicable, such other terms of use agreements of LoanSmart that may be necessary for LoanSmart to provide you access to certain proprietary product(s). If you do not consent to these terms, please do not utilize the Site or the materials contained therein. LoanSmart provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

This Site is for general informational purposes. It is not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site is provided with the understanding that LoanSmart is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

LoanSmart and its agents assume no responsibility for any consequences relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. LoanSmart strives to keep the information on this Site accurate, complete and up-to-date yet does not guarantee, represent or warrant that it is accurate, the most recent information available, nor do we guarantee that all opinions expressed or implied are accurate or reliable. The law and the application of the borrower’s situation is unique to every situation, and your situation needs to be individually analyzed. LoanSmart and its suppliers cannot guarantee, and will not be responsible for, any damage or losses arising from or related to the accuracy, completeness or timeliness of the information presented or its application in your situation.

Personal and Noncommercial Use Limitation

You may access, download and print materials on this Site for your personal and non-commercial use. You may use the information to obtain the appropriate loan and the best terms for your particular situation from your preferred provider.

Terms of Use – No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to LoanSmart, that you will not use this Site for any purpose that is unlawful or prohibited by this Agreement. If you violate any of the terms of this Agreement, your permission to use the Site automatically terminates.

Prohibited Uses

Except as set forth herein, you are not authorized to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the content contained on the Site without LoanSmart’s prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on our Site.

All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. In addition, LoanSmart may post notices or links to notices through the Site to inform you of changes to the applicable terms of use, the Site, or other matters of importance.

All materials on this Site, as well as visual appearance, content structure, layout and structure are owned and/or licensed by LoanSmart. No unauthorized reproduction, distribution, or transmission of the materials at this Site is permitted without the written permission of LoanSmart. All rights reserved.

Links To Third Party Sites

During your use of this Site or at any time in the process, you may be led to other web sites operated by unaffiliated third parties. Inclusion of hyperlinks by LoanSmart on the Site to such third party web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access and use such sites, including information, material, products and services therein, solely at your own risk. LoanSmart is not responsible for the quality or results or any product or service provided by these companies. As with all websites and all services, you should review their products and services carefully. Never give private information to any party or website or person that you have not completely investigated and established credibility. LoanSmart is not responsible for the use of the information that you give any third parties.

Liability Disclaimer

You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that LoanSmart specifically disclaims any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment. Calculators and tools on the Site provide you with ESTIMATES that may be different than actual amounts.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LoanSmart, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL LoanSmart, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LoanSmart, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF LoanSmart, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500.

Changes To Agreement

LoanSmart reserves the right to modify or discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to you. Likewise, LoanSmart may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the legal terms and conditions that govern your use of the Site periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

Miscellaneous

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Michigan without giving effect to any principles of conflicts of law. Failure by LoanSmart, to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between LoanSmart and you related to this Agreement shall be brought exclusively in federal district court.

LoanSmart logos, product and service names are trademarks / service marks owned by LoanSmart, (the “Marks”). You agree not to display or use the Marks in any manner without the prior written permission of LoanSmart.

No Minor Use

This website is applicable to and should only be used by persons 18 years of age or older. Access and use of this website by persons under the age of 18 is prohibited.

Use within the United States

This Site is intended to be accessed by persons located within the United States of America. Access and use of this Site by persons from locations other than the United States is prohibited.

Indemnification

You agree to indemnify, defend and hold harmless LoanSmart, its affiliates and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) arising from or related to your violation of this Agreement.

Identity and Location Verification

To help the government fight funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. As a result, under our customer identification program, we must ask for your name, street address, mailing address, date of birth, and other information that will allow us to identify you. We may also collect and consider information about you from non-credit reporting agency data providers, including, for example, information about your location and the location of your mobile devices, and publicly available information about you. You acknowledge that by continuing with the application process, you understand and consent to LoanSmart and/or third party service provider(s) (including your mobile phone carrier) to use geolocation services to verify the location of your mobile device.

Contact Methods and Opt-Outs

If you submit to LoanSmart through this Site or otherwise you are making an inquiry as to lending programs and services offered by LoanSmart. By submitting your contact request for a loan product, you are consenting to be contacted by LoanSmart by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from LoanSmart, you can opt-out of various contact methods by calling 760-349-4199. We will attempt to address your request immediately but it may take up to 10 days for us to process an opt-out request. Please note that we may still need to contact you for legitimate business reasons such as servicing of your loan or other non-marketing purposes.