These Terms of Use, together with Lendersa®’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of all Lendersa® products and services. “Lendersa® ” includes Lendersa® , Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries and agents.
By using or accessing the Lendersa® Services you agree to these Terms, as updated from time to time.
Lenders and service providers may need to provide information such as credit card or bank account numbers to third parties. For more information at our Privacy Policy.
To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.
To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a username and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Lendersa® for any purpose.
You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at info@Lendersa.com.
You agree that Lendersa® is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
I hereby authorize Lendersa® and its wholly-owned subsidiaries to periodically obtain and use consumer reports about me in order to provide me with recommendations regarding financial products and services that may be of interest to me, including home loans and other financial products and services offered by Lendersa® partners.
Your use of the Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the Lendersa® Services.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”), including any submission made in connection with a Loan Request Form for other Lendersa® products or services on which you indicate your desire to be connected with a real estate company, you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry to Lendersa® and its network of real estate companies, brokers, and agents (“Real Estate Companies”). You authorize Lendersa® to forward your information to the Real Estate Companies. You further understand and agree that by selecting a Real Estate Company or other provider, you are providing express written consent for them to contact you by telephone at the numbers (whether landline or cellular) you have provided, including for marketing purposes, and you hereby consent to any such calls even if your phone number is on the Do Not Call list.
By creating a Lendersa® account (whether directly or in conjunction with submitting a Loan Request Form), you understand and consent to Lendersa® receiving and accessing consumer report information about you from one or more credit bureaus. By registering with Lendersa® , you are providing express written instructions under the federal Fair Credit Reporting Act that we may use and analyze your information as follows: to (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and/or (c) serve you targeted ads and other communications based on your information, (d)identify affiliate and non-affiliate Providers that may be able to provide valuable services to you; (e) so that Lendersa® may perform analysis and data modeling in order to offer customers better Services in the future. This information could include, but might not be limited to, your credit report, credit score, and other credit information. For as long as you maintain a Lendersa® account, you are providing express written consent for us to maintain and share information provided by you, and about you by third parties, to assist with litigation, regulatory request(s), law enforcement requests, internal analytics, marketing purposes, and any other legally permissible purpose.
We provide multiple mortgage request services that you can use to comparison shop for mortgage products. There is a subset of Providers on the Lendersa® network that may need your SSN to make a conditional offer; there is also a subset of Providers on the Lendersa® network that prefer to take leads without an SSN. To use either service, you must provide the information requested on the form, agree to the full Electronic Consent, this Agreement, the Privacy Policy, and any additional terms that are included in the individual form you complete.
Lendersa® empowers consumers to comparison shop for mortgage products and is licensed as a Mortgage Broker in California. Lendersa® DOES NOT take formal mortgage applications as defined under applicable state laws, the Equal Credit Opportunity Act, the Truth In Lending Act (“TILA”), and the Real Estate Settlement Procedures Act (“RESPA”). Lendersa® is not a lender or a creditor. Lendersa® DOES NOT originate Loans or make credit decisions in connection with Loans, nor does Lendersa® issue commitments or lock-in agreements. Lendersa® ’s services are only administrative. Any Loan Request Form you submit is NOT an application for credit. Rather, it is an inquiry to be matched with Providers that may be able to present conditional offers. You will have to complete a formal application with the Provider you choose before the Provider will extend an unconditional offer.
If you close a Loan with a Provider, you will be responsible for paying for any settlement services or closing costs associated with your Loan (such as Loan processing, underwriting, funding fees, appraisals, title insurance premiums, attorney and notary fees, etc.). The Provider, not Lendersa® , and the settlement service providers you select will determine the amount of any such fees. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a Loan commitment or interest rate lock-in agreement. The Websites and the Services provided by Lendersa® are available in connection with Loans made on real property located in the fifty states and the District of Columbia unless otherwise specified. Providers may not offer all products as well as not offer products in all states.
You might not be matched with any specific Providers making any specific offers. We will continue to attempt to match you for up to 10 days and in certain cases longer after you submit your last edited request and may contact you via telephone at the number you provided to attempt to help you obtain a match. If we are able to identify a match not originally identified on your online offers page, you agree we may call or contact you to identify such Providers and you may elect to be connected with those Providers to learn more about their products and services. Lendersa® cannot and will not select a Provider for you.
When you complete a Loan Request Form online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a product to which Lendersa® will match you with Providers to whom your Loan Request data and personal information is transmitted. Lendersa® will also try to find you matches for similar products for which you sought as well as alternative products that may be suitable for your financial needs. For example, if you sought a home equity Loan or home equity line of credit but are also over the age of 62 then Lendersa® may present to you a reverse mortgage Provider for a Home Equity Conversion Mortgage.
Lendersa® ’s commercial Loan Websites and Services, are designed for businesses and are not intended for individuals’ personal, family or household use. Accordingly, we treat all personal information collected for commercial Loan products, including information about any visitors to our website, as pertaining to individuals acting as business representatives, rather than in their personal capacity.
We provide content and tools on our Websites that allow you to enhance your financial education and learn how certain financial decisions could impact your financial well-being. We provide these materials for informational, educational, and entertainment purposes only, and at no time are we providing legal, financial, investment, tax planning, or medical advice. Our Websites do not include the entire universe of available credit or financial offers.
We provide educational content and operate online marketplaces that enable consumers to comparison shop on Lendersa® ’s Website for financial products and services offered by Lendersa® ’s network of Providers.
By submitting any Loan Request or Registration Form containing your electronic signature through a Lendersa® Website, and separately for each such request you submit, you are indicating that you desire to be contacted by Providers, and you are providing express written consent that Lendersa® , a third party on Lendersa® ’s behalf, and Lendersa® ’s Network Partners with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using Lendersa® ’s services.
You consent to receive email from Lendersa® , its affiliates, and its Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.
You may opt out of receiving calls from Lendersa® at any time by engaging in any of the following reasonable means: (1) emailing info@Lendersa® .com to expressly state in writing that you no longer wish to be contacted by Lendersa® and are revoking your consent to be contacted; (2) notifying a Lendersa® customer service representative that you no longer wish to be contacted by Lendersa® and are revoking your consent to be contacted; or (3) Responding to any SMS, mobile, or text message you receive from Lendersa® in accordance with the express written instructions of that particular messaging program. At any time, you may update your preferred method of contact by emailing info@Lendersa® .com. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that Lendersa® is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.
Lendersa® is not a lender or a creditor. Lendersa® is not an agent of either you or any Provider. Except as otherwise provided for in your state (please see the Licenses section of the Websites), Lendersa® is not acting as your agent or as the agent of any Provider. Lendersa® ’s services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from Lendersa® in deciding which available product, terms and Provider best suits your needs and financial situation.
Any Loan Request Form you submit is not an application for credit. Rather, it is an inquiry to be matched with Providers that may be able to present conditional offers. The Provider is solely responsible for its services to you, and you agree that Lendersa® shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider. You understand that Providers may keep your Loan Request Form information and any other information provided by Lendersa® or received by them in the processing of your Loan Request or Registration Form, whether you are qualified for a product with them or complete a formal application for services with them.
For any Service, by saving your information with Lendersa® or submitting a Loan Request Form, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.
When you “submit” information, create an account or otherwise register for Services through our Websites, you understand and agree that you have established a business relationship between you and Lendersa® . Accordingly, Lendersa® may send your information to certain affiliates and third parties as provided in the Privacy Policy and you agree that Lendersa® , its affiliates, and persons calling on Lendersa® ’s behalf may contact you using information you provided with information and offers of services available through Lendersa® and the Websites. You also give Lendersa® permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information regarding your submission, including incomplete Loan Request Forms or Registration Forms, the identification of matched Providers, deadlines, quality of services or other matters in connection with your Loan Request Form or Registration Form.
In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with Lendersa® in order to adhere to applicable laws. Providers and Lendersa® may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for Lendersa® and the selected Provider to share this information for these purposes.
By submitting a Loan Request Form, you are providing express written instructions under the Fair Credit Reporting Act for Lendersa® and Provider partners with whom you are matched to obtain your consumer credit report from your credit profile or other information from contracted Credit Bureau(s) for the purpose of matching you to a Provider, product, or service through the Lendersa® network. This information could include, but might not be limited to, your credit report, credit score, and other credit information. Lendersa® will obtain a limited credit report (“soft pull”) regardless of whether you provide your Social Security Number. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Lendersa® and its Providers may obtain, verify and record information that identifies each person who opens an account with us and Providers. Lendersa® and its Providers may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to, information received from your credit file, that may allow us and Providers to properly identify you. It is possible that a Provider may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all Providers will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. Lendersa® does not perform hard inquiries into credit. From time-to-time Lendersa® is examined by state and federal regulators and as such is required to maintain your Personally Identifiable Information to adhere to certain jurisdictions’ data retention requirements. Your information may also be obtained from Providers after you are matched to adhere to state and federal reporting and record retention requirements. You authorize Lendersa® and its participating Providers to share such information as required.
Services offered by Providers may only be made to residents of states where Providers are authorized to make such Loans. A Provider’s participation in and offering of its products on the Websites does not constitute an offer by any Provider or by Lendersa® to provide services outside of their authorized jurisdictions, and to the extent you seek or receive information from a Provider regarding any prospective service which would be outside of the Providers’ authorized jurisdiction, that information is for informational purposes only. Providers shall have the right to discontinue, suspend or terminate the offering of any Loan product in any specific state through the Websites at any time, without prior notice.
We do not guarantee acceptance into any particular program or specific terms or conditions with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, we do not guarantee that the rates offered by Providers include the lowest rates available in the market or the rate that the Providers will ultimately charge. A Provider’s conditional Loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Providers may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to Loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a Loan commitment or interest rate lock-in agreement. Providers may not offer all products as well as not offer products in all states. You might not be matched with the Provider making any specific offer. If you agree to terms with any Provider with whom you are matched on our Websites, you will be responsible for paying for any closing costs associated with your Loan (such as settlement services, Loan processing, underwriting or funding fees) at closing.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through Lendersa® to each of the Providers to whom your Loan Request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications from Lendersa® and its Providers.
Some of the Services involve advice from third parties and third party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from Lendersa® . You agree that Lendersa® is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that Lendersa® is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of Lendersa® .
To use some of the Services, you may need to provide information such as credit card numbers, bank account numbers, and other sensitive financial information, to third parties. By using the Services, you agree that Lendersa® may collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. Lendersa® has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third party services are not under Lendersa® ’s control, and that Lendersa® is not responsible for any third party’s use of your information.
The Services may contain links to third party websites and services. Lendersa® provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Lendersa® has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and 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 any such third party websites or services.
You agree not to:
The Lendersa® Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to Lendersa® , except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:
Lendersa® , Inc
22527 CRENSHAW BLVD ST E 200,
TORRANCE, CA. 90505, USA
Phone: 1-818-766-7977
Email: info@Lendersa.com
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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 authorized to act on the copyright owner’s behalf. Lendersa® has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Lendersa® or others.
You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Lendersa® from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Lendersa® reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
If you violate these Terms, your permission to use the Services will automatically terminate. In addition, Lendersa® in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Customer Service at info@Lendersa® .com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Lendersa® may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
Lendersa® reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
The Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Lendersa® seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies.
Lendersa® specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. Lendersa® is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.
Lendersa® does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
The information provided through the Services is provided solely for informational, educational, or entertainment purposes. Lendersa® and the Services are not endorsed by or affiliated with FINRA, and Lendersa® is not a financial institution or insurance provider. Lendersa® makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, Lendersa® recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.
Lendersa® makes no representations, warranties, or guarantees, express or implied, regarding any third party service or advice provided by a third party, or any quotes or offers provided through the Services. Lendersa® does not endorse any particular advisor or other third party. Lendersa® acts solely as an intermediary between you and third party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers.
In no event will Lendersa® be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Lendersa® has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
In the interest of resolving disputes between you and Lendersa® in the most expedient and cost-effective manner, you and Lendersa® agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND Lendersa® ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You and Lendersa® agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
Notwithstanding Section 12(A), you and Lendersa® agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and Lendersa® will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Lendersa® .
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Lendersa® should be addressed to: Lendersa® , Inc., 22527 CRENSHAW BLVD ST E 200,
TORRANCE, CA. 90505, USA “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and Lendersa® do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Lendersa® may commence an arbitration proceeding.
In the event that you commence arbitration in accordance with these Terms, Lendersa® will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by Lendersa® should be submitted by mail to the AAA along with your Demand for Arbitration and Lendersa® will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse Lendersa® for all fees associated with the arbitration paid by Lendersa® on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in San Francisco County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Unless both you and Lendersa® agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AND LENDERSA® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If you are a new Lendersa® user, you can choose to reject the arbitration agreement contained in this Section 12 (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 12(D), above.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the Lendersa® account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Lendersa® .
If Lendersa® makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Lendersa® shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
If an arbitrator or court decides that any part of this Section 12 is invalid or unenforceable, the other parts of this Section 12 shall still apply. If the entirety of this Section 12 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 11 shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.
Lendersa® reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Lendersa® will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
These Terms, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and Lendersa® regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
In some instances, Lendersa® ’s third party partners require that Lendersa® users agree to be bound by some additional terms of use that are specific to particular products or services (“Partner Terms”). In the event of any conflict between the Partner Terms and Lendersa® ’s Terms of Use, Lendersa® ’s Terms of Use govern and control.
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
To contact us with questions or suggestions about the service please email us at info@Lendersa.com.
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