TERMS AND CONDITIONS
Welcome to the website (the “Website”) of vialending.com. (the “Company”).
Acceptance of Terms
Our aim is to inform users of possible lenders who may be able to satisfy the needs of a particular consumer (the “Service”). You understand and agree that this website is not a lender and is not the creditor for or issuer of the products featured on the Site. Any products or services advertised at this site or made available to you after you receive a financial product from an issuer are by and remain the sole responsibility of the respective product vendors and service providers.
Loan Request Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify any acceptance of your loan request, nor does it constitute confirmation of any offer to fund. We reserve the right at any time after receipt of your loan request to accept or decline your loan request for any reason. We may require additional verification or information before accepting any loan request. We are not responsible for requests that cannot be funded or unsuccessful funding requests arising from an applicant's ineligibility to qualify for the funding opportunity.
You must be 18 years or older and be a legal resident of the US to submit a loan request. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
By submitting your information to the Website you are providing your express written consent under the Fair Credit Report Act for the Website and selected lenders and affiliates with whom you are connected with by the Website to pull your consumer credit profile or other information from contracted Credit Bureau's associated with your inquiry. Although the "soft pull" that we may initiate will not affect your credit score, note that selected lenders and affiliates may initiate a credit inquiry that will impact your credit score.
No Abuse or Interference
In particular, but without limitation, you agree not to do any of the following: (i) use the Website or the Service to engage in any activity that constitutes competition with the Service; (ii) disguise yourself as the Company or any person or entity or misrepresent your affiliation with the Company or any person or entity, or to disguise or misrepresent the origin of any content posted to the Website or made available through the Service; (iii) interfere with the full and complete display of advertisements on the Website pages; (iv) use the Website or the Service as a forwarding service to another website or link to the Website using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without the express written permission of the Company; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without the express written permission of the Company; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site; (ix) collect or store personal data, or solicit personal identifying information about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users' ability to use the Service or the Website; (xii) make excessive or otherwise harmful automated use of the Website or the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and "pyramid games/schemes," or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including "trojan horses" and "worms") or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service.
Compliance with Laws
Recognizing the global nature of the Internet, you agree not to use the Service or the Website to engage in any activity that is unlawful under the laws of any jurisdiction to which you or the Company may be subject or that violates any applicable local, state, national, federal or international law, including the rules of any national or other securities commission or exchange.
In particular, you agree to comply with all applicable laws and rules regarding online conduct, acceptable content and the transmission and export of technical data.
The Company reserves the right to report any wrongdoing that the Company may become aware of to the applicable government agencies or to take other appropriate action permitted by law.
No Resale of Service
Unless expressly authorized by the Company, you agree not to make any commercial use of the Service or the Website, including in particular, licensing, sale, transfer or other exploitation of the content of the Website or the Service, not to make any use other than the Service, and not to engage in any commercial activities within the Service or the Website, including, without limitation, advertising, sale-purchase, and promotion of products or services in any manner such as via hyperlinks to other websites.
No Monitoring of Content and No Endorsement of Links
The Company has no obligation to pre-screen or otherwise monitor any other third-party content available on the Website or accessible through the Service. The Company has no control over the content of any hyperlinked third-party websites and shall have no obligation to review the content of such sites.
You understand that by accessing certain areas of the Website, such as any forum, message-board, or chat-room, or using the Services otherwise than the Monitored Content, you may be exposed to content that is inaccurate, misleading, objectionable, offensive, indecent or otherwise inappropriate, especially for children.
Termination of Service
You agree that the Company may, immediately and without notice, suspend your access to all or part of the Service if the Company in its sole discretion determines that you have violated these Terms. Further, you agree that Company shall not be liable to you or to any third party for suspending or terminating your access to the Service or for removing any content.
You may discontinue your participation in and access to the Service at any time but will remain liable for any outstanding charges due to the Company.
Modifications to Service
The Company reserves the right, in its sole discretion and at any time, to modify, suspend or discontinue the Service or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto.
You agree that the Company shall have no liability for any modification, suspension or discontinuance of the Service. The Company shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Service, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.
Intellectual Property of the Company
You acknowledge and agree that the Company owns all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Website and the Services, including the Website name and software used to operate the Website and the Services and including all content of the Website and the Services other than content owned by third parties, whether or not copyright notice has been included in relation to specific information. The Website and all content thereof is protected by United States and international copyright and trademark laws.
You acknowledge and agree that the Company’s name and the Company’s logo are trademarks of the Company. You are not authorized to use any such trademarks, or any other trademarks of the Company, whether registered or unregistered. Ownership of all such trademarks and the goodwill associated therewith remains with Company.
Nothing in these Terms, on the Website or in the Service shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed on the Website or through the Service without the express prior written permission of the rights owner.
You agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, any parts of the Website or the Services or content appearing therein, in any form elsewhere, without expression prior written consent of the Company; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Service or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter the Company’s copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Service. We specifically permit links to the Website from other websites.
Intellectual Property of Third Parties
You acknowledge and agree that rights in any third-party content (including any content licensed by the Company, advertisements etc.) presented to you through the Service or contained on the Website or in any other websites to which this Website links, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by the Company, belong to their respective owners.
We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
You are aware, agree, and authorize that (1) in order to provide services given by this website, company may obtain consumer and related information about you from one or more consumer reporting agencies for the purposes of identifying the lenders and/or services providers who would be connected with you, (2) your information may be sent to lenders and/or service providers on your behalf, (3) your information may be used in order to make sure you are who you say you are, and to determine how much debt you currently have in order to determine your debt-to-income ratio, (4) such lenders and/or service providers may obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian and Equifax, (5) your information may be used by lenders and/or service providers to make prequalification and other credit decisions.
Disclaimer of Warranties
You understand and expressly agree that the Company provides the Services and the Website "as is" and "as available".
The Company expressly disclaims to the fullest extent permitted by law all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy of content and non-infringement of proprietary rights.
The Company makes no warranty that the services will meet your requirements, or that the website or the services will be available at any given time, uninterrupted, timely, secure, accurate or error-free. The company makes no warranty that any defects or any errors in the software will be corrected.
The Company makes no warranty as to the results that may be obtained from the use of the Website or the Services or as to the accuracy or reliability of any information obtained through the Website or the Service or as to the quality or safety of any products, services, information, or other material obtained by you as a result of the use of the Website or the Service.
No advice or information, whether oral or written, obtained by you from the Company, through the Website or through the Service shall create any warranty not expressly made herein.
Limitation of Liabilities
Your use of the Website and the Service is at your sole discretion and at your sole risk. You assume the risk of, and will be solely responsible for, any loss or damage that may result from your use of the Website or of the Service.
To the extent permitted under applicable law, in no event and under no circumstances will the Company or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, attorneys, Agents, licensors, LICENSEES, SUPPLIERS OR REPRESENTATIVES be liable to you or to any third party under any theory of liability (whether based on warranty, contract, tort (including negligence and strict liability) or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if THE COMPANY OR such OTHER parties were advised of, knew of, or should have known of the possibility of such damages), resulting from or relating out of your or any third party’s use or misuse of the service or the Website. The parties intend that this limitation should apply even if it causes any warranty or any remedy to fail of its essential purpose.
Such limitation of liability shall apply whether the damages arise from the use or misuse of and reliance on the Service or the Website, from the inability to use the Service or the Website, from the interruption, suspension, or termination of the Service or the Website (including such damages incurred by third parties); unauthorized access to or alteration of your transmissions or data; loss of data or any damage to your computer system; statements or conduct of any third party on the Website or through the Service; any third-party content or code obtained or retrieved via the Website or through the Service (including content retrieved into your browser's cache); any information, products or services advertised, obtained or otherwise made available through the Website or the Service; any other matter relating to the Website or the Service.
The Company neither assumes, nor authorizes any other party to assume on its behalf, any other liability in connection with the Website and the Service other than as set forth herein.
Notwithstanding the foregoing, the total cumulative potential liability of the Company to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to the Company for your use of the Website or the Service.
This disclaimer is made, and liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations, exclusions and disclaimers in these terms may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’s liability shall be the minimum permitted under such applicable law.
Class Action Waiver
Any proceedings to resolve, litigate or arbitrate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the company will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Furthermore, you agree that you will not seek to have any dispute against any lender or lending partner to whom you are referred heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. This class action waiver may be limited by applicable law, but is intended to be enforced to the full extent allowed by law.
You are solely responsible for your actions when using the Website and the Service. You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisers, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information posted on the Website or made available through the Service by you; (ii) your use of the Website or the Service; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party.
The Company shall conduct its defense in any such third-party claim or proceeding in its sole discretion and you shall fully cooperate with the Company for such purpose.
Choice of Law and Forum
You agree that regardless of any statute or law to the contrary but to the extent permitted by law, any claim or cause of action arising out of or related to use of the Website, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Relationship. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms between you and the Company. The agreement pursuant to these Terms is between you and Company and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof. If any dispute arises between you and any third party, you understand and agree that the Company is under no obligation to become involved and you hereby release the Company from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section above.
Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
Survival. Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Service.
Sever ability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision.
Waiver. Any waiver of any provision of these Terms will be effective only if made in writing and signed by the Company; any delay or failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment. You may not assign your rights or delegate your responsibilities here under without the express written permission of the Company. The Company may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
The Company shall be permitted to send notices to you by posting a notice on the Website (deemed received on your accessing the Website or using the Service) or via e-mail to the address that you provided (deemed received on the following day).