Last updated: July 06, 2021
Please read these terms and conditions carefully before using Our Service.
You are visiting a website owned by Loanistics, Inc. By using this website, you are entering into a legal agreement to abide by the terms of use you see here, and you are agreeing that you have read and fully understand these terms of use. We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications.
This Terms of Use Agreement (“Agreement”) applies to the websites operated by Loanistics, Inc and any of its affiliates and subsidiaries (“Websites” or each individually “Website”) on which this Agreement is displayed. This Agreement also applies to your use of any goods, facilities or services offered through the Websites (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Websites, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service. The information provided by Loanistics Inc (“we,” “us” or “our”) on https://loanistics.com (the “Site”) and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application.
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to Loanistics. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Loanistics’s prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content.
You may opt out of receiving calls from Loanistics at any time by engaging in any of the following reasonable means: (1) emailing privacy@loanistics.com to expressly state in writing that you no longer wish to be contacted by Loanistics and are revoking your consent to be contacted. You further agree that Loanistics is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. LOANISTICS DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. LOANISTICS DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
1. UNDER NO CIRCUMSTANCES WILL LOANISTICS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES.
2. LOANISTICS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
LOANISTICS LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL LENDINGTREE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL LOANISTICS TOTAL LIABILITY EXCEED U.S. $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITES, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN SCOTTSDALE, ARIZONA; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN MARICOPA COUNTY, ARIZONA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
Lender shall defend, indemnify and hold harmless Loanistics and its subsidiaries, affiliates directors, officers, employees, agents or assigns from and against all, actions, claims, costs, liabilities, judgments, expenses, and damages (including amounts paid in settlement, accounting fees, expert costs and fees and reasonable attorneys’ fees) (collectively, “Losses”) resulting from a third-party claim, suit or investigation to the extent such Losses arise out of or are in connection with: (i) Lender’s breach of this Agreement, including without limitation any terms, covenants, warranties, or representations made within this Agreement; (ii) Lender’s violation of applicable law; (iii) infringement of intellectual property rights, contract rights or tort rights (including the right of publicity or right of privacy) of any third party; (iv) any act or omission of Lender including, without limitation, any acts or omissions relating to consumer privacy, applicable law, appropriate approvals and licenses; or (v) any negligent act or willful misconduct by Lender or Lender’s directors, officers, employees, agents or assigns; and Lender agrees to promptly pay and fully satisfy any and all Losses, incurred or sustained or reasonably likely to be incurred or sustained, by Loanistics as a result of any claims of the types described in this Section 10.
The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Nondisclosure and Non-use. The parties acknowledge that each party (the “Recipient”) will receive in connection with this Agreement confidential information relating to the other party’s (the “Disclosing Party”) business, including but not limited to, information regarding the Disclosing Party’s products, services or offerings; planned marketing or promotion of the Disclosing Party’s products, services or offerings; the Disclosing Party’s business strategies, policies or practices; the Disclosing Party’s inventions, patents and patent applications, discoveries, ideas, concepts, software in various stages of development, designs, drawings, specifications, techniques, models, data, source code, object code, documentation, diagrams, flow charts, research, development, processes, procedures, “know-how,” trade secrets, any and all customer information, including without limitation, customer lists, customer names, addresses, property descriptions, credit information, and loan offer and approval information, and all other information related to customers, price lists and pricing policies; financial information, including budgets, forecasts, projections, operating results and financial statements; and information received from others that Disclosing Party is obligated to treat as confidential (collectively, “Confidential Information”). All pricing information, including, without limitation, the specific prices Lender pays, is Loanistics Confidential Information. Except as otherwise set forth herein, each party agrees to protect and maintain the secrecy of the Disclosing Party’s Confidential Information by, among other things: (i) treating such information with at least the same standard of care and protection which such party accords its own confidential and proprietary information but in any event with no less than a reasonable degree of care; (ii) using care in the assignment of personnel who receive or have access to such information, and instructing and obtaining the prior written agreement of such personnel to take all reasonable precautions to prevent unauthorized use or disclosure thereof; and (iii) not using, disclosing or exploiting such information except as necessary to perform any services or obligations hereunder or as otherwise pre-authorized by the Disclosing Party in writing.
Exceptions. Confidential Information does not include any information that the Recipient can demonstrate: (i) was in the public domain at the time it was received; (ii) enters the public domain through no fault of the Recipient; (iii) is independently developed by Recipient without use of or reference to the Disclosing Party’s Confidential Information; or (iv) is disclosed as required by law (including disclosures necessary or appropriate in filings with the Securities and Exchange Commission or other governmental body). In addition, Recipient may disclose the Disclosing Party’s Confidential Information to a legal, judicial or governmental entity, or as required by the rules or orders of a court or governmental entity, provided that, before such disclosure, Recipient, if legally permissible, shall give reasonable advance written notice of such so that the Disclosing Party can seek a protective order or the appropriate protection for the Confidential Information and the Recipient uses reasonable efforts to have such information treated as confidential and under seal.
Destruction of Confidential Information. Upon termination of this Agreement, and on written request of the Disclosing Party, the Recipient will promptly destroy, and provide satisfactory certification of such destruction, all tangible items containing the Disclosing Party’s Confidential Information; provided, however, that the Recipient shall be permitted to maintain a copy as required by Applicable Law, the record keeping requirements of any applicable authority and/or any internal compliance policies. Any Confidential Information retained pursuant to this Section shall remain subject to the confidentiality provisions contained in this Agreement for so long as it is retained by the Recipient.
Injunctive Relief. Each party acknowledges that all of the Disclosing Party’s Confidential Information is owned solely by the Disclosing Party (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury to the Disclosing Party, the degree of which would be difficult to ascertain. Accordingly, notwithstanding Section 14, each party agrees that the Disclosing Party will have the right to seek an immediate injunction enjoining any breach or alleged breach of this Section, wherever it deems appropriate, as well as the right to pursue any and all other rights and remedies available at law or in equity in the event of such a breach or alleged breach.
Consumer Information. Lender understands that it may receive “Consumer Information” which may include, but is not limited to: a person’s name, address, e-mail address, and telephone number. Lender will maintain such Consumer Information in accordance with this Section 12 and in accordance with all applicable privacy laws, including the Gramm-Leach-Bliley Act of 1999 and implementing regulations. Lender will use industry standard best practices to protect the Consumer Information.
Information Security Standards and Reviews. Each party shall, with respect to all systems, applications, networks or sites used by such party in accessing, processing, or storing Consumer Information, comply with commercially reasonable industry information security standards in compliance with Applicable Law. Either party (the “Reviewing Party”) may perform reasonable information security reviews (“Reviews”) on any system, application, network or site used by the other party (the “Reviewed Party”) in accessing, processing, or storing Consumer Information. In addition, as part of such Review, the Reviewing Party may reasonably request, and the Reviewed Party shall make available, summaries of its relevant policies and procedures, such as penetration testing results or SSAE 16/SOC I and II reports, complaint resolution policies, telemarketing compliance policies, disaster recovery plans, business continuity plans, insurance certificates and incident response plans. The Reviewing Party shall give the Reviewed Party at least thirty (30) days prior written notice of its intent to conduct a Review. Reviews shall be reasonable in scope, performed during the Reviewed Party’s normal business hours, and shall occur no more than one time during any twelve (12) month period during the Term, The Reviews shall be conducted by the Reviewing Party or its designee (provided that such designee is reasonably acceptable to the Reviewed Party and executes a non-disclosure agreement in form and substance reasonably satisfactory to the Reviewed Party). Reviews shall be performed at the Reviewing Party’s sole expense. Should any Review result in the discovery of material security risks to the systems, applications, networks or sites used by the Reviewed Party in accessing, processing or storing Consumer Information, the Reviewing Party shall immediately notify the Reviewed Party of such risks, and the Reviewed Party shall respond to the Reviewing Party in writing within ten (10) business days with the Reviewed Party’s plan to take reasonable measures to promptly correct, repair or modify the applicable system, application, network or site to effectively eliminate the risk. In the event that the Reviewed Party is unable or unwilling to correct, repair or modify the applicable system, application, network or site to effectively eliminate the risk, the Reviewing Party may immediately terminate this Agreement on written notice to the Reviewed Party.
Electronic Incident Reporting. “Electronic Incident” shall mean any unauthorized action by a known or unknown person which, if successfully completed, would reasonably be considered one of the following: an attack, penetration, denial of service, disclosure of Confidential Information or Consumer Information, misuse of system access, unauthorized access or intrusion (hacking), virus intrusion, scan of Lender’s (or any third party vendor used by Lender) or Loanistics’s systems or networks, or any other activity that could adversely affect Confidential Information or Consumer Information. Lender shall report to Loanistics all known or suspected Electronic Incidents and shall provide the following information: (i) nature and impact of the Electronic Incident; (ii) actions already taken by Lender; (iii) Lender’s assessment of immediate risk; and (iv) corrective measures to be taken, an evaluation of alternatives and next steps. Lender shall continue providing appropriate status reports to Loanistics regarding the resolution of the Electronic Incident and prevention of future such Electronic Incidents. Loanistics may require that a company’s accessing, processing or storing of Confidential Information or Consumer Information be suspended, connectivity with Lender be terminated, or other appropriate action be taken pending such resolution.
Prohibited States. Currently not available for properties in CT (Connecticut) & VT (Vermont).
Force Majeure. Loanistics shall not be liable for any nonperformance, delay, error, data loss or other loss caused by an event or conditions that are beyond the reasonable control of Loanistics.
Nonwaiver. Any failure by Loanistics to insist upon or enforce strict performance by Lender of any of the provisions of this Agreement, or to exercise any right or remedy under this Agreement, shall not be construed as a waiver or relinquishment of Loanistics’S right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same shall be and remain in full force and effect.
Independent Contractor. Loanistics shall be and act as an independent contractor (and not as the agent or representative of Lender) in the performance of this Agreement. This Agreement shall not be interpreted or construed as (a) creating or evidencing any association, joint venture, partnership or franchise between the parties, (b) imposing any partnership or franchisor obligation or liability on either party, or (c) prohibiting or restricting Loanistics’s performance of any services for any third party.
Entire Agreement; Conflict. This Agreement constitutes the entire agreement and supersedes any and all prior agreements between Loanistics and Lender with respect to the Services.
Amendment; Assignment. Loanistics reserves the right, at any time and from time-to-time, to update, amend, revise, supplement and otherwise modify these Standard Terms and to impose new or additional rules, policies, terms or conditions on Lender’s participation in Services at any time without liability. Lender’s continued use of the Services after notice that the Standard Terms have changed shall constitute Lender’s acceptance of such modification or amendment. Notice of any changes to the Standard Terms will be made by posting updated Standard Terms in the Portal, and Lender shall regularly check the Portal for updates to these Standard Terms. Lender shall not assign or transfer any of its rights, obligations or interest in this Agreement without Loanistics’s prior written consent.