Terms of use

November 6, 2018

Welcome to LendingPoint!

Please carefully review these terms and conditions of use before accessing or using this site or any data thereon. Any access to or use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to all of these terms as is, you must exit this site immediately.

USER AGREEMENT

The following are terms of a legal agreement (the “Agreement”) between you and LendingPoint LLC (“LendingPoint”) that sets forth the terms and conditions for your access or use of this web site at www.lendingpoint.com, including any subdomain thereof (the “Site”). The Site is owned and operated by LendingPoint. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.

LendingPoint reserves the right to unilaterally amend this Agreement at any time and will provide notice of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for the most current Agreement in effect. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. LendingPoint may terminate, suspend, change, or restrict access to all or any part of the Site without prior notice or liability.

PRIVACY

Please review our Privacy Notice (which also governs your visit to the Site) to understand our practices. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.

INTELLECTUAL PROPERTY

This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by LendingPoint or third parties and all right, title and interest therein shall remain the property of LendingPoint and/or such third parties (collectively, the "Content"). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on the Site for the purpose of transacting business with LendingPoint. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of LendingPoint. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and not (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with LendingPoint.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any federal, state, or local government, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into LendingPoint’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.

ELECTRONIC AND TELEPHONIC COMMUNICATION CONSENT

When you visit the Site, or send emails to LendingPoint or to FinWise Bank, a Utah chartered bank, member FDIC (“FinWise”), or First Electronic Bank, a Utah chartered bank, member FDIC (“FEB Bank”) or our respective agents (together “we” or “us”), you are communicating with us electronically and you consent to receive all agreements, notices, disclosures and other communications that we provide to you (“Communications”) from us electronically to the extent permissible by law. We will also communicate with you by email or by posting notices on the Site. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you about the Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. If you provided a residential or cell phone number, then you authorize us to call it or send text messages. We may use an auto-dialer, prerecorded messages, and/or SMS text message to make such call(s). These calls will provide account information and services, such as transaction approval, payment reminders, and collection efforts. For SMS text messages, you can withdraw consent by following the opt-out procedures in the message or by telling us in writing at our address below. Receipt of residential and cell phone calls (including text messages) may be subject to charges from your service provider.

Withdrawing Consent. You may withdraw your consent to transact business electronically by sending a written statement indicating the effective date of your withdrawal and the address to which you wish to receive further communications to: LendingPoint LLC, 1201 Roberts Blvd, Suite 200, Kennesaw, GA 30144 Attention: Compliance. If you withdraw your consent to receive disclosures and information electronically while your loan request is still pending, LendingPoint will terminate your loan request and neither LendingPoint nor any other Lender for whom LendingPoint is underwriting, will consider your loan application. If you withdraw your consent to receive disclosures and information electronically after you have entered into a loan agreement or your use of the Site is otherwise terminated or suspended, then all other terms and conditions will remain the same, and LendingPoint will mail disclosures and any other required information to the most recent home address you have provided.

Hardware and Software Requirements. To access and retain the Communications electronically, you will need to use a device with an internet connection and an up-to-date browser capable of opening portable document formats (“PDF”), such as Microsoft Internet Explorer (see www.microsoft.com/ie for current version) or Mozilla Firefox (see www.mozilla.com for current version), and a valid email address that has been provided to LendingPoint. You acknowledge that you can receive and access communications in the formats described herein. For access and optimal printing of your loan documents in PDF format, you should consider downloading Adobe Reader (to install the free version of Adobe Reader click here: http://get.adobe.com/reader/otherversions/).

Mobile Technology. If you are accessing the Site electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access the Site through alternate means that provide you with the ability to print and save the Communications.

Assignment. In addition, you further acknowledge that your consent to have all Communications provided or made available to you in electronic form and to do business with us is assignable to any entity that succeeds LendingPoint in servicing your loan, and/or owns a loan you obtained from us or with our assistance.

Updating Your Contact Information. You agree to keep us informed of any changes in the telephone number, email and mailing address you provide to us so that you continue to receive all Communications without interruption. You can contact us by calling Member Services at 888-969-0959, sending an email to customerservice@lendingpoint.com, or sending a letter to LendingPoint, LLC, Attn: Member Services, 1201 Roberts Blvd, Suite 200, Kennesaw, GA 30144.

MOBILE VERIFICATION SECURITY

We collect information from your mobile operator and your device to protect the Site and your account from fraudulent use and to customize the experience for you. You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, to allow verification of your identity and to compare information you have provided to LendingPoint with your wireless operator account profile information for the duration of the business relationship. See our Privacy Notice for how we treat your data.

SITE SECURITY

As a condition of your use of the Site, you agree that you will not, and nor will you take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any customer or user of the Site; (iii) probe, scan or test the vulnerability of the Site or the LendingPoint network or breach security or authentication measures without proper authorization; (iv) 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 the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

LINKS TO THIRD-PARTY SITES

The Site may contain links to outside services and resources, the availability and content of which LendingPoint does not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these businesses or individuals or the content of their web sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by LendingPoint of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of LendingPoint and the third-party site may provide less security than this Site. LendingPoint does not assume any responsibility or liability for the actions, products, attributes of, security or content of these third-party sites or third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

RECORDING AND MONITORING

You consent to the recording and monitoring, for purposes including but not limited to quality assurance, training, risk management and/or collection purposes, of any call or email that you place with LendingPoint (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that LendingPoint (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) places to you.

COOKIES

We use cookies and other tracking technologies on our online services (together “Cookies”). Cookies are small data files transferred by a website to your computer's hard drive. LendingPoint or its service providers may send Cookies when you surf our site or sites where LendingPoint ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the Cookies used on our Site, sites that are "powered by" another company on LendingPoint's behalf, or sites where our ads appear may give us access to information about your browsing preferences, which we may use. Cookies are typically classified as either "session" Cookies or "persistent" Cookies.

  • Session Cookies do not stay on your computer after you close your browser.
  • Persistent Cookies remain on your computer until you delete them or they expire.

You can prevent Cookies or selectively accept Cookies by adjusting the preferences in your browser. If Cookies are not accepted, there may be some features of our site that will not be available and some websites may not display properly

Cookies we may use include HTTP cookies, flash cookies, HTML5 and Flash local storage, web beacons/GIFs, embedded scripts, and e-tags/cache browsers. We may use Cookies to remember your log-in status and viewing preferences from a previous use of an online service, for when you later return to that online service. A visitor to a website may learn more about Cookies on the Site and opt-out of certain Cookies by visiting either of these websites:

LendingPoint does not store passwords or any other information about a visitor in a Cookie that would identify them, locate them, and determine their preferences or their financial activity. Aggregated customer information may help LendingPoint assess the performance of the Site and develop strategies to maximize utility. This information may be provided to other companies, including but not limited to third party advertisers. See also, our Privacy Notice.

Third Party Websites.

We use third party advertising and media companies to serve ads on our behalf across the Internet and to help manage and optimize our Internet business and communications. Through the use of Cookies, such third-party companies may collect anonymous information about your visits to our site and your interaction with our ads and content. For instance, they may keep track of how many of our ads you have seen on other web sites before visiting our web site. This information is used to understand your browsing behavior and interests so that we can identify your needs and provide service that is tailored to you.

Browser Signals.

We do not currently take actions to respond to “Do Not Track” signals from your browser because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

LOANS

Applications for loans submitted on this website may be funded by one of several lenders (each, a "Lender"), including FinWise Bank, a Utah-chartered bank, member FDIC and by First Electronic Bank, a Utah-chartered bank, member FDIC and by LendingPoint LLC, a Delaware limited liability company with its principal place of business in Kennesaw, Georgia. All loan determinations are subject to credit review and approval, and rates and fees are subject to change. No information on the Site should be construed as a guarantee of specific lending results. Not all applicants will qualify for all loan products offered. When making a credit decision, including determining applicable annual percentage rates, Lenders may consider credit score, loan amount, loan term, credit usage and other information, or additional factors. Individual applicants, among other things, must be U.S. citizens or permanent residents, must be at least 18 years old or the age of contracting majority in the borrower’s state of residence, must have a valid bank account located in the United States, and must have a valid social security number. To apply for a loan, you will need to register on the Site and provide requested information and/or documentation. You represent and warrant that any joint account holder on bank accounts used for repayment of the loan has consented to any withdrawals for payments or other transfers. For individuals who are approved for a loan, the consumer agrees that the Lender accepts no liability or responsibility for failing to make a transfer of approved loan funds within any specified period for any reason.

BUSINESS HOURS

The business hours of LendingPoint are Monday to Friday, 8:00 a.m. to midnight EST, and Saturdays from 10:00 a.m. to 4:00 p.m. EST. All application and loan processing are conducted Monday to Friday during business hours, including all money transfers related to loans. If applications are submitted after 5 p.m. EST on any given day, processing will not occur until the following business day. Successful application processing is contingent on the consumer providing all requested information and documents and passing all requirements and underwriting of LendingPoint or the Lender.

LOCATION FOR LOAN AVAILABILITY

The Lenders only consider making loans to residents of certain states in the United States of America in compliance with federal and specific state laws and requirements. Every loan amount may not be available in every state. Check with LendingPoint to determine in which states loans are available.

INACTIVE APPLICATIONS

Loan applications are canceled after 30 days of inactivity.

CUSTOMER WEBSITE ACCOUNTS

If you receive a loan from a Lender you will be sent the username and password to your user account with LendingPoint. By creating a user account, you acknowledge and agree that the Lender and any agents or third parties with whom the Lender contracts or engages may gain access to and may utilize and/or collect information submitted by you.

WEBSITE AND ACCOUNT USER REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree that you will not:

  • Submit any materials through your account or otherwise that violate or infringe on the rights of any third party;
  • Use the Site to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Site user or third party.
  • Use the Site in any unlawful manner or in such a way that it could damage, disable, burden or impair the Site;
  • Register for more than one user account; register for a user account on behalf of someone other than yourself, including a group or entity; or operate a user account for someone who is not eligible for a user account; in each case except where authorized by LendingPoint;
  • Impersonate someone else or falsely represent any information about yourself or another; or
  • Use or attempt to use someone else’s account without authorization from the account user and not otherwise violate the provisions of the Account Security stipulations below.

DISCLAIMERS

LENDINGPOINT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, THAT LENDINGPOINT MAKES NO REPRESENTATION NOR WARRANTY (EXPRESS OR IMPLIED) THAT THE SITE OR DOCUMENTS DOWNLOADED IN RELATION THERETO ARE FREE OF VIRUS OR DETRIMENTAL ASPECTS AND YOU ASSUME ALL RISKS THEREWITH. YOU ACKNOWLEDGE THAT LENDINGPOINT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LENDINGPOINT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL SELF RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOU AGREE THAT YOUR SOLE REMEDY AGAINST LENDINGPOINT FOR DISSATISFACTION OR PROBLEMS WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

Further, you understand and agree that your use of the Site is entirely at your own risk. LendingPoint is not responsible for the actions or content of users or third parties. LendingPoint does not promise any specific results from the use of the Site or related to a user’s attempt to obtain a loan. The Site may be temporarily unavailable from time to time. LendingPoint reserves the right to deny you access to or use of the Site for any reason or for no reason. LendingPoint is not responsible for any loss or damages that result from use of or lack of access to the Site or the services offered by the Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL LENDINGPOINT BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR ANY ASPECT RELATED THERETO, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF LENDINGPOINT, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. LENDINGPOINT IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY OF OR RELATED TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE LENDINGPOINT’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNITY

By using the Site, you agree to defend, indemnify, and hold harmless LendingPoint from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from your use of this Site, material you post, material you submit or send through the Site, the Content, or your breach of these Terms of Use. LendingPoint reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

LAW AND VENUE

These Terms of Use and the relationship between you and LendingPoint regarding this Site and the Content shall be governed by the laws of the State of Georgia without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Georgia and agree and consent that the federal or state court with jurisdiction in Cobb County, Georgia are the exclusive forum for litigation of any claim or cause of action arising out of or relating to this Site or the Content or matters related thereto. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to this Site or the Content or matters related thereto must be filed within one year after such claim or cause of action arose or be forever barred.

SEVERABILITY

Any failure by LendingPoint to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, 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.

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and LendingPoint may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement shall be subject to any other agreements you have entered into with LendingPoint. Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

DATA OWNERSHIP AND SHARING WITH THIRD PARTIES

From time to time, LendingPoint will share consumer information with third parties. These third parties may assist us with responding to your requests, making loans, processing loans, and other related functions. We may also be required to disclose this information by law in conjunction with a law enforcement mandate, judicial proceeding, a court order, subpoena, search warrant or other such request. You acknowledge that data, information, and records obtained by LendingPoint in the course of your visiting or using this Site, whether stored in electronic or hard copy, will be the sole property of LendingPoint. You acknowledge that LendingPoint owns all rights and interest to such information obtained or provided, and you place no restriction on the lawful use of this information by LendingPoint. You expressly authorize and LendingPoint reserves the right, based on this authorization, to utilize, distribute, transfer, share, trade, disclose, and/or sell, or offer to utilize, distribute, transfer, share, trade, disclose, and/or sell data received about you to third parties for any lawful purpose. Such lawful purposes may include, but not be limited to, the purposes of marketing, underwriting, fraud detection, account and portfolio management, collections, loan making and overall consumer risk assessment. This information may include, but is not limited to, information relating to your visit to or use of this Site, information provided during the application process, and/or your account history or payment history under any agreements you may have with LendingPoint or any other Lender. This data may include, in some instances, but is not limited to, personally identifiable information. Please review the LendingPoint Privacy Notice, hereby incorporated by reference into this Agreement, which explains the information that is collected through this Site and which may be transmitted to third parties.

TERMINATION

This Agreement is effective until terminated by LendingPoint. LendingPoint may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in LendingPoint’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Intellectual Property, Electronic and Telephonic Communication Consent, Site Security, Links to Third Party Sites, Recording and Monitoring, Cookies, Customer Website Accounts, Website and Account User Representations and Warranties, Data Ownership, Indemnification, Disclaimers, Limitation of Liability, Indemnity, Law and Venue and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site. If your use of the Site is terminated or suspended, you acknowledge that termination or suspension of your Site privileges does not cancel payments or outstanding obligations. Further, you agree that you will remain responsible for all transactions initiated through the Site prior to the suspension and/or termination and any fees incurred in connection with the services provided by LendingPoint or any other Lender.

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to LendingPoint’s designated agent. Notification should include:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Site;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

You may contact LendingPoint’s agent for notification of claimed copyright infringement by e-mail at mlorimer@lendingpoint.com or by regular mail at LendingPoint, LLC, 1201 Roberts Blvd, Suite 200, Kennesaw, GA 30144. Attention: Chief Marketing Officer.