Terms of use

August 1, 2017

By accessing, browsing and/or using this website, lendingpoint.com (hereinafter the “LendingPoint website” or “Website”), and any and all subdomains thereof, including those requiring login, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Use Policy. Content on this Website and the services offered by LendingPoint LLC (referred to herein as “LendingPoint LLC,” “LendingPoint,” “us,” “we,” and other similar pronouns) may change from time to time. If the content of the Terms of Use Policy changes, the changes will be posted on this Website. It is your responsibility to keep informed of any changes, and your continued use of the LendingPoint Website is your continued acceptance of the LendingPoint Website generally, and of the Terms of Use Policy. Some features of this Website, or products or services offered, may be subject to additional terms, conditions and disclaimers not contained in this Terms of Use Policy.

Electronic and Telephonic Communication Consent

When you visit www.lendingpoint.com or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other 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 of changes or additions to this 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. If you don’t want such calls, you may withdraw your consent by telling us in writing at our address listed above. 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 above. Receipt of residential and cell phone calls (including text messages) may be subject to charges from your service provider.

Withdrawal of Electronic Communications

If you withdraw your consent to receive disclosures and information electronically while your loan request is still pending, LendingPoint LLC will terminate your loan request and will no longer 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 LendingPoint website is otherwise terminated or suspended, then all other terms and conditions will remain the same, and LendingPoint LLC will mail disclosures and any other required information to the most recent home address you have provided. You may withdraw your consent to transact business electronically by sending a written statement indicating the effective date of your withdrawal and the updated address to which you wish to receive further communications to: LendingPoint LLC, 1201 Roberts Blvd, Suite 200, Kennesaw, GA 30144.

Mobile Verification Security

We collect information from your mobile operator and your device to protect this 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 Policy for how we treat your data.

Website

This Website is owned and operated by LendingPoint LLC. The LendingPoint website is for informational purposes and may be updated, monitored, amended, or removed without notice.

Proprietary Rights to LendingPoint Website

All LendingPoint website content is the property of LendingPoint LLC with all rights reserved. Use of any LendingPoint website content without the written permission of LendingPoint LLC is strictly prohibited.

Intellectual Property

LendingPoint is a trade name used by LendingPoint LLC. In addition to the LendingPoint trade name, additional registered names, logos, graphics, phrases, marks, or designs on the LendingPoint website are protected intellectual property, as noted with these names, logos, graphics, phrases, marks or designs when used. Intellectual property owned by LendingPoint LLC may not be used without the prior written permission of LendingPoint LLC, and unauthorized use of protected material may violate copyright, trademark, privacy, or other laws. Further, no intellectual property owned by LendingPoint or other LendingPoint website content may be copied, displayed, reproduced, distributed, or modified without the express consent of LendingPoint, LLC.

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 LendingPoint LLC, a Delaware limited liability company with its principal place of business in Kennesaw, Georgia. Lenders only make consumer loans to individuals in which the proceeds are dispersed in full and must be repaid according to the set payment schedule in the loan agreement. The initial principal amount of these loans ranges from $3,500 to $20,000, depending on a variety of factors. All loan determinations are subject to credit review and approval, and rates and fees are subject to change. No information on this LendingPoint website 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, but reserves the right to consider additional factors. Individual borrowers 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 deposit account with insured deposits located in the United States, and must have a valid social security number. To apply for a loan, you will need to register on this LendingPoint website and provide requested information. You represent and warrant that any joint account holder 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 twenty-four hours if making a transfer would cause the Lender to violate any law, rule, or regulation to which the Lender is subject, if circumstances beyond the Lender’s control prevent the transfer of funds, if LendingPoint LLC suspects your LendingPoint website account, log-in information or deposit account information has been compromised, or if the transfer is subject to other technical errors as a result of telephone, device, Internet Service Provider, modem, and/or computer hardware or software that fails to perform.

Business Hours

The business hours of LendingPoint LLC are Monday to Friday, 8:30 am to 5:30 pm EST. All application and loan processing are conducted on these days and during these times, including all money transfers related to loans. If applications are submitted after 5 pm 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.

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.

Example loan calculations

The LendingPoint website may contain information on example loan and calculation tools to help you determine the terms of a loan that you may qualify for. These tools and examples are intended only to provide illustrations of the types of products and services the Lender may offer and do not bind any Lender to a specific rate, term, nor amount and is not a loan approval. The results from the examples and calculation tools are based on certain consumer profiles and assumptions that may not apply to you. Therefore, if you are approved for a loan by a Lender, aspects of your loan may differ from example loans and calculations provided on the LendingPoint website.

Inactive Applications

Loan applications are canceled after 30 days of inactivity.

Credit Review and Approval

All loan determinations are subject to credit review and approval, and rates and fees are subject to change. No information on this LendingPoint website 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, the Lender may consider credit score, loan amount, loan term, credit usage and other information, but reserves the right to consider additional factors. Individual borrowers 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 deposit account with insured deposits located in the United States, and must have a valid social security number. To apply for a loan, you will need to register on this LendingPoint website and provide requested information.

Payments

Bank Account Representations and Warranties

You acknowledge, warrant, and represent that Your Bank Account is a legitimate, open, and active account into which your regular employment, benefit, and/or other income is currently deposited and that you have the right to initiate (and to authorize us to initiate) electronic debits from Your Bank Account. You agree that you are solely responsible for any and all charges imposed on you by your depository institution in connection with payments processed and/or attempted under this authorization, including but not limited to charges related to insufficient funds in Your Bank Account.

Payment Processing

If you are submitting some form of electronic payment through the LendingPoint website, automatic clearinghouse debit “ACH,” electronic funds transfer, or otherwise, you acknowledge that fund transfers through a financial institution may take up to three (3) days, and same day transfers may not clear the financial institution until after 3:00 pm PST. Payments to LendingPoint LLC are not considered received until the funds representing the full installment payment due have been deposited, transferred, processed or otherwise received from the financial institution to LendingPoint. You acknowledge that payments received after the close of business on the date due, whether electronically submitted or by mail, may incur a late fee in accordance with your loan agreement. LendingPoint LLC is not responsible for and assumes no liability for late or incomplete payments resulting through no fault of LendingPoint LLC’s processing procedures, LendingPoint LLC’s website, or LendingPoint LLC’s financial institution. Further, you acknowledge that you assume all responsibility for payments considered late and any penalties, fees, or additional consequences resulting from such late payment as a result of a failed transaction due to lack of sufficient funds needed to complete a transaction, any failures in your financial institution’s payment processing system, failure by you to provide the complete or correct payment account information to your financial institution or to LendingPoint LLC, and any failure by you or your financial institution as a result of computer, electronic, internet or other issues. Any complaints, disputes, questions, or concerns regarding payment or loan processing may be submitted to LendingPoint LLC c/o Processing, 1201 Roberts Blvd., Suite 200, Kennesaw GA, 30144.

Joint Bank Account Representations and Warranties

If you are using a jointly owned bank account, you represent and warrant that any joint account holder of the bank account specified by you (“Your Bank Account”) 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 a specific time period. Loan transfers initiated on a specific day will not show up to the following or later next non-holiday business day. If there is any missing or erroneous information regarding Your Bank Account, then you authorize us to verify and correct the information.

Customer Website Accounts

User Accounts

If you receive a loan from a Lender you may open a 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 certain information submitted by you to determine security access levels, preferences, associations, and other lawful purposes.

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 LendingPoint website 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 LendingPoint website user or third party.
  • Use the LendingPoint website in any unlawful manner or in such a way that it could damage, disable, burden or impair the LendingPoint website;
  • Register for more than one user account, except where authorized by LendingPoint LLC;
  • Register for a user account on behalf of someone other than yourself, including a group or entity, except where authorized by LendingPoint LLC;
  • Operate a user account for someone who is not eligible for a user account, except where authorized by LendingPoint LLC;
  • Impersonate someone else or falsely represent any information about yourself; 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.

Website Use Termination or Suspension

If LendingPoint LLC finds that you are in violation of the User Representations and/or Terms of Use Policy, LendingPoint LLC reserves the right to suspend or terminate your use of the LendingPoint website. If your use of the LendingPoint website is terminated or suspended, you acknowledge that termination or suspension of your LendingPoint website privileges does not cancel payments or outstanding obligations. Further, you agree that you will remain responsible for all transactions initiated through the LendingPoint website prior to the suspension and/or termination and any fees incurred in connection with the services provided by LendingPoint LLC or any other Lender.

Customer Contact Information

You must keep us informed of any change in your contact information, including email address, mailing address and phone number, so that you can receive all information from us in a timely manner.

Site Security

As a condition of your use of this Site, you agree that you will not, and you will not 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 this Site; (iii) probe, scan or test the vulnerability of this Site or 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 this 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 Other Web Sites and Services

This 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. LendingPoint does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

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 THIS 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 WEBSITE 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, EXPRESS 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 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. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Further, you understand and agree that your use of the LendingPoint website is entirely at your own risk. LendingPoint LLC is not responsible for the actions or content of users or third parties. LendingPoint LLC does not promise any specific results from the use of the LendingPoint website or related to a user’s attempt to obtain a loan. The LendingPoint website may be temporarily unavailable from time to time. LendingPoint LLC reserves the right to deny you access to or use of the LendingPoint website. LendingPoint LLC is not responsible for any loss or damages that result from use of the LendingPoint website or the services offered by the LendingPoint website.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, NEITHER LENDINGPOINT, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF LENDINGPOINTHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT SIGNED BY LENDINGPOINT WITH YOU, LENDINGPOINT’Ss MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

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) that LendingPoint may become obligated to pay arising or resulting from your use of this Site, material you post, material you submit or send through the website, 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.

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.

Privacy, Data ownership & sharing with third parties

Privacy

You agree that LendingPoint may use methods to collect information about visitors or users of the website or persons who send emails to LendingPoint. LendingPoint may use said information for any lawful purpose at its sole discretion including providing to third parties. For Quality Control purposes, LendingPoint records all telephone calls and by calling LendingPoint you consent to the same. If you send an email to LendingPoint, you consent to LendingPoint keeping the record of the same and sharing with third parties where legally permissible.

Please review our Privacy Notice (which also governs your visit to our 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, notwithstanding LendingPoint's efforts to protect such transmissions.

Data Ownership

You agree that any information or records we obtain from or about you will be our property and that we may use it in our sole discretion as allowed by law. Such information may be disclosed or sold to third parties as allowed by law. For more information about data and information usage, please see our Terms of Use and Privacy Notice at www.lendingpoint.com.

Sharing with Third Parties

From time to time, LendingPoint LLC will share consumer information with third parties so that we may provide the products or services that you have requested. These third parties may assist us with responding to your requests, 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 the LendingPoint website, whether stored in electronic or hard copy, will be the sole property of LendingPoint to the extent permissible by law. 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, and overall consumer risk assessment. This information may include, but is not limited to, information relating to your visit to or use of the LendingPoint website, information provided during the application process, and/or your account history or payment history under any agreements you may have with LendingPoint. This data may include, in some instances, but is not limited to, personally identifiable information. Please review the LendingPoint LLC Privacy Notice, hereby incorporated by reference into this Policy, which explains the information that is collected through the LendingPoint website and which may be transmitted to third parties.

External content

The LendingPoint website may include links to third-party content, advertising or websites. Unless otherwise stated, LendingPoint LLC does not investigate or monitor these websites, is not responsible for these websites, and does not endorse or otherwise provide any warranties or representations related to these websites. You acknowledge and agree that LendingPoint LLC and the LendingPoint website are not responsible for and do not endorse any advertising, products or resources available from such outside resources or websites. These external sites are not subject to the LendingPoint LLC Terms of Use nor to the Privacy Notice. If you decide to leave the LendingPoint website and access third party websites or content, you do so at your own risk, without any liability to LendingPoint.

Governing law

By visiting and/or using the LendingPoint website, you agree that the laws of the State of Georgia will govern the Terms of Use Policy and terms therein. If you obtain a loan from a Lender, you agree that the loan will be governed by federal laws and other laws as stated in the loan documents.

Married applicants

California law requires us to provide the following disclosure to all applicants: A married applicant may apply for a separate account.

Online tracking disclosure and LendingPoint Contact Information

LendingPoint itself does not store user data in cookies. As LendingPoint does not use tracking cookies, the LendingPoint website does not respond to a browser’s Do Not Track signal or other such mechanisms. LendingPoint’s website is operated by LendingPoint itself, and third parties do not participate or have access to its content. LendingPoint’s website may automatically store generic, non- person specific information, relating to the number of visitors to the website, geographic locations, and other generalized information for internal website performance purposes. If you leave LendingPoint’s website to access a third party, said third party may have a different policy or procedures and you should familiarize yourself with them. If you apply for a loan, LendingPoint will electronically store the personal information you provide and in the underwriting process may seek to identify the IP address from which you are applying for the loan. How LendingPoint uses and how your information might be shared with third parties and your options in relation thereto are more fully set forth in the Privacy Notice contained on this website and can be viewed by clicking on the following link: Privacy Notice. In addition to using personal information to respond to or fulfill a loan request, LendingPoint uses said information for multiple purposes including, but not limited to, analyzing and enhancing web, products and marketing aspects. For more information, relating to LendingPoint’s privacy policies and practices, please call 888-969-0959, Option 6 for Customer Service, send an email to customerservice@lendingpoint.com, or send a letter to LendingPoint, LLC, Attn: Customer Service, 1201 Roberts Blvd, Suite 200, Kennesaw, GA 30144.

© 2018, LendingPoint LLC. All rights reserved.

 Our address: 1201 Roberts Blvd Suite 200 Kennesaw, GA 30144