Terms of Use
Lending Arts Terms of Service
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1.Changes to the Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by posting an updated electronic version of these Terms and Conditions to our website, and which will go into effect on the Effective Date indicated in the updated posting. You should check back periodically to view our updated Terms and Conditions. Your continued access or use of the Lending Services we provide shall be deemed evidence of your acceptance of any modified Terms.
Loan refinance service is offered by 1st Autos Direct, Inc. dba Lending Arts (hereafter referred to as “Lending Arts”, “we”, “us”, and “our”).
Note that these Terms and Conditions govern your use of our Website and Lending Services, but your loan documents will contain different terms and conditions specific to that particular loan transaction.
In order to access many of the services offered on this website, you will be required to demonstrate your acceptance of and agreement with these Terms and Conditions by reviewing the Terms and Conditions and indicating your acceptance before you can continue. In addition, if you do not also accept the authorization to submit your information (the “authorization”) and consent to our Website privacy policy (the “Website Privacy Policy”), our Gramm-Leach Bliley Act Privacy Notice (“Privacy Notice”) and e-Signature requirements (the “eSignature Policy”), your use of the services may be limited.
Please review the following terms of service (the “Terms”) regarding your use of and access to the Lending Arts website located at www.LendingArts.com, and any products or services offered through either the website or Lending Arts (referred to hereafter as “Lending Services”). By accessing, using, or downloading any materials or content from Lending Arts or via the Services, you agree to follow and be bound by the following Terms and Conditions, which constitute a legal agreement between us and you. If you do not agree with these Terms and Conditions, then you should not use the Lending Services we provide.
You represent that you are at least the age of majority in your state. If you elect to submit a request for loan services you are agreeing to allow us and/or our lending partners to submit a credit inquiry against one or more of your credit bureaus. To do so, you must provide us with complete and accurate information requested by us either through the website, via text, email or through any verbal conversations. You might have to log into a secure online portal to complete the credit/refinance inquiry process and/or any subsequent loan transaction. If you do, you will be required to agree to these Terms and Conditions, our Privacy Notice, and Electronic Consent along with other disclosures and/or consents. If, during the course of any interaction you have with us, you create a username and password, you are solely and entirely responsible for maintaining the confidentiality of your username and password. In addition, you agree to immediately notify us of any known or suspected unauthorized use of your account, username or password. You also agree to immediately notify us of any other breach of security for which you become aware. SUBJECT TO APPLICABLE LOCAL STATUTES, WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, USERNAME OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE, FOR INCOMPLETE DATA, OR FOR ANY INACCURACIES IN YOUR DATA.
2. Limited License to Use our Lending Services
Lending Arts reserves any and all other rights that are not expressly granted to you in these Terms. Lending Arts, Lending Arts hereby grants to you a limited, revocable, non-exclusive, personal, non- transferable, and non-assignable license to use the Lending Services, subject to and conditioned upon your compliance with the Terms and Conditions as well as any other agreements between you and us.
You agree to access and use our Lending Services for the sole purpose of your personal, non-commercial use. You understand and agree that your access rights are personal, nonexclusive and nontransferable, that your rights may be terminated by us if you do not abide by these Terms and Conditions and that you may have liability to us or to third parties if you misuse our Lending Services. You also understand and agree that you are obligated to comply with all applicable local, state, federal, and local laws applicable to your use of the Lending Services. Except as expressly specified in these Terms and Conditions, you may not do any of the following:
a.) use our Lending Services in any way that a reasonable person would consider could likely result in harm to the user or others;
b.) use the Lending Services for purposes outside of those expressly permitted by this Website;
c.)damage, disable, overburden, or impair the Lending Services (or any server or networks connected thereto);
d.) use the Lending Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms;
e.) copy or modify the Lending Services;
f.) transfer, sublicense, lease, lend, rent, or otherwise distribute The Lending Services to any third party;
g.) reverse engineer, disassemble, or decompile any components of the Lending Services provided in the code of Lending Arts Website or any other Lending Arts products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition
h.) interfere with any third party’s use and/or enjoyment of the Lending Services (or any server or networks connected thereto);
i.) distribute viruses or other malicious or otherwise harmful computer code either through this Website, through the Lending Services provided to You by us, or by any other means related to any transactions undertaken between You and Us;
j.) modify or copy or change, in any way, any content or information contained in the Website, without our prior written consent;
k.) use any manual or digital means of any sort to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website, or any portion thereof;
l.) use our website or Lending Services for any purpose in violation of any applicable laws or regulations;
m.) disguise the origin of information transmitted to, from, or through the Website or App;
n.) impersonate another person or representative of an organization;
o.) collect information about our Lending Services without our prior written consent;
p.) allow any other person or entity to impersonate you to access or use the Lending Services;
q.) access or use our Website for the purpose of directly or indirectly competing with Lending Arts;
r.) attempt to circumvent or circumvent any measures implemented by us aimed at preventing violations of these Terms.
3. Auto Refinance Lending Services
We connect individuals interested in credit/auto loan refinance transactions with third party entities, including affiliated and/or nonaffiliated financial institutions (“Lender Partners”) to enable you to apply to have us facilitate refinancing of your existing vehicle loan through one of the Lender Partners with which Lending Arts does business (“Participating Lender Partners”). Lending Arts seeks to work with you to help you obtain a conditional offer from one of our Participating Lender Partners to finance your selected vehicle, but Lending Arts is not a Lender Partner and does not make credit decisions. The information you submit to Lending Arts will be used by Lending Arts to contact you by text, email or telephone to match you with a Lender Partner who has provided us with its pre-established lending criteria (“Lending Criteria”). We will do a soft credit pull (a method of obtaining a copy of your consumer report which will not be recorded by the credit bureau as an inquiry on your credit report), so that we can attempt to obtain the most favorable loan refinance terms for you. We do not guarantee that we will be able to find either a Lender Partner or terms acceptable to you. To the extent that we are able to do so, it will not be an offer of credit until you consent to proceed by submitting a formal credit application to the Lender Partner. Once you approve Lending Arts to submit your credit application to the Lender Partner, we will work with you to submit the application for the Lender Partner’s review and they will obtain a your credit report. The Lender Partner will then make a credit decision and potentially return a loan refinance offer (“Refi Loan Offer”), which may be different than the information and estimate we previously provided to you. If your application is sent to a Lender Partner and is not approved, you will be notified of the Lender Partner’s declination. We may also provide you with the opportunity to purchase related financial-planning and vehicle protection products in connection with any refinancing offers. Your information will not be provided to any of our affiliates who provide these products unless you elect to purchase one of their products.
Lending Arts does not require the purchase of any product or service from Lending Arts or any particular Lender Partner or Third Party Provider to receive the Lending Services or to submit an application to a Lender Partner. Lending Arts does not guarantee your request will result in a conditional offer from any Lender Partner, or that any specific terms or conditions will be available from Lender Partners. Credit approval standards are established and maintained solely by the individual Lender Partners who choose to participate as part of the services we offer. Your qualification for potential offers will be determined by the Lender Partner, not by Lending Arts. Lending Arts does not guarantee that the credit terms or rates offered and made available by Lender Partners will be the best terms or lowest rates available. You are free to choose whether or not to accept an offer from a particular Lender Partner.
You understand and agree that the Lender Partner(s) will share information about your credit application, including details regarding its credit decision and any resulting loan, with us. Lending Arts will provide to you the response of the Lender Partner(s) who evaluated your credit application, but Lending Arts plays no role in making a conditional offer of credit, or establishing the rates and/or terms offered by any Lender Partner. The rates, terms, and any fees of a particular Lender Partner may be higher or lower depending on your credit profile. A Lender Partner may require other documentation as the Lender Partner deems necessary in order to finalize a Refi Loan Offer or make a loan. You understand that Lending Arts and Lender Partners shall keep your credit inquiry information and any other information provided by you in the processing of your credit inquiry for any legally required retention period, whether or not we are able to match you with a Lender Partner or you receive a Refi Loan Offer.
4. Cookies, Collecting Information and Tracking
Lending Arts may require you to provide personally-identifiable information as part of the Lending Services we provide (collectively, “Personal Information”). This information will not be forwarded to any Lender Partner without your approval. This information will be used to provide information for a credit inquiry that we may submit to a Lender Partner on your behalf, to comply with legal requirements, to prevent fraud including prevention of identity theft, and to prevent material misrepresentation. Communication between you and us might be recorded, and by using our Lending Services you agree to allow us to so record communication between you and us using any and all means of communication commonly available to us. Prior to submitting a credit inquiry to us, or submitting a credit application to the Lender Partners, you will be required to consent to such submission. You will also be required to consent to us and our Lender Partners obtaining your credit report from any and all credit bureaus.
When you use the Lending Services, we may also store some information on your computer’s hard drive. This information will be in the form of a “Cookie”. “Cookies” are information files which your web browser places on your computer when you visit a website.
Lending Arts may also collect and use non-personally identifiable information, which is any information other than Personal Information and/or information which does not identify the specific individual, including without limitation: IP address, your approximate geographic location based on your IP address, the type of browser and operating system you use, any interactions you may initiate within the Lending Services, the websites and web pages that you visit or visited, your interactions with features of the Lending Services, content preferences that you select, and other inferences about your interests made based upon the foregoing.
5.Customer Account Access/Security
In order to utilize certain Lending Services, you may need to create access to a customer portal (“account”). You agree to (a) provide accurate, truthful, current, and complete information when using your account; (b) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your device; and (c) promptly notify us if you discover or otherwise suspect any security breaches relating to the Lending Services or your account.
Lending Arts maintains physical, electronic, and procedural safeguards to protect the confidentiality and security of Personal Information (as defined in Section 5, below) and other information transmitted through the Lending Services. However, no data transmission over the Internet or other network can be guaranteed to be absolutely secure.
In order to use the Lending Services, you understand that you will be required to agree to communicate with us electronically, and that, except as otherwise provided in our E-Sign Policy, we may provide you with all notices and disclosures in electronic format (e.g. via email, portal, or the Website).
6.Privacy of Your Information
We will use your information only to provide Lending Services requested by you. We will use any information you provide in accordance with our Privacy Notice and also in accordance with these Terms of Service.
Pursuant to rules and regulations which bind us, the Lending Services provided through this Website are exclusively hosted in the United States. If you are accessing the Lending Services from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, you understand and accept that you are transferring your personal data to the United States, which may or may not have the same data protection laws as the region from which you are accessing the Lending Services. User information (including personal information or “personal data” as defined by foreign laws) collected through the Lending Services may be stored and processed in the United States, and by using the Lending Services, you consent to any such transfer of information outside of your home country.
7.Termination of Use of the Lending Services
Except as otherwise described in these Terms, if you are dissatisfied with the Lending Service, your sole and exclusive remedy is to discontinue using the Lending Service. We explicitly retain the right to suspend Lending Services or close any account with us and block your use of our Lending Services if you have failed to comply with any part of the Terms and Conditions, as determined by us at our sole discretion. We reserve the right to amend or terminate the Lending Services without prior notice or warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, and services described, depicted, or made available via the Lending Services are subject to change at any time without notice, except as may be required by applicable law. You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms and Conditions and that they fully comply with them.
8.Online Child Privacy Protection
The Website, and the Lending Services are not intended for children under the age of thirteen (13) years and we explicitly discourage the use of the Website and Lending Services for any person under the age of eighteen (18). We do not intentionally or knowingly collect or retain personal information provided to us by any person under the age of eighteen (18). If we are aware that we have collected such information, we will comply with the requirements of the Children’s Online Privacy Protection Act (COPPA), including the removal of such information from our systems. For additional information about COPPA, you can access the Federal Trade Commission’s website at: www.FTC.gov.
9. Email and Phone Communications
Providing an email address may generate an invitation to receive an email newsletter or other correspondence. Your email address and any Personal Information will not be distributed or shared with third parties except in accordance with this Terms of Use, applicable law, and as provided in our Privacy Notice. If we send you marketing emails, you will have an opportunity to unsubscribe by clicking on an “unsubscribe” hyperlink contained in promotional or marketing emails we send you. You will continue to receive transaction-related email correspondence from Lending Arts related to the Lending Services.
Also, in order for us to fulfill your request for the Lending Services, we may make calls and/or send text messages to you, using prerecorded/artificial voice messages and/or through the use of an automatic dialing device, at any telephone number you provide to us, including wireless telephone numbers that could result in charges to you.
10. Intellectual Property Rights
You acknowledge and agree that portions of the Lending Services, including without limitation the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Lending Arts and its licensors. Except where expressly stated otherwise, Lending Arts and/or its licensors are the owner or the licensee of all intellectual property located on the Website, or in the materials published or otherwise made available through the Lending Services. Those works, marks, or inventions may be protected by copyright, patent, and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted, and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except as expressly provided herein, nothing on our Website may be construed to confer any license or ownership right in the materials published or otherwise made available through our Lending Services, whether by estoppel, implication, or otherwise. All rights not granted to you in these Terms are reserved by Lending Arts.
11. Copyright Infringement Notice
You understand that Lending Arts and its licensors retain all ownership rights in the Service (including, for purposes of clarity, the Website and any tools and/or proprietary content made available through the Service) and that you do not receive any ownership rights or license rights, except as set forth herein, by accessing or using the Service or consenting to these Terms. All trademarks, service marks and trade names are owned by us or other respective owners. The entire content of the Service and the Website, including but not limited to text, design, software, photography, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).
12. No Agency Relationship
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by the Terms. Without limiting the foregoing, except as expressly set forth herein, Lending Arts is not acting and does not act as an agent for you in connection with your use of the Lending Services.
13. Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LENDING SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, IMPLIED OR OTHERWISE. LENDING ARTS EXPLICITLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE LENDING SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS., INCLUDING THE LOSS OF YOUR PERSONAL INFORMATION DURING TRANSMISSION, AND YOU HEREBY RELEASE LENDING ARTS FROM ANY LIABILITY FOR DIRECT OR INDIRECT LOSSES IN CONNECTION THEREWITH.
14. Limitation of Liability
IN NO EVENT SHALL LENDING ARTS OR THE LENDER PARTNERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF OUR LENDING SERVICES, AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE LENDING SERVICES, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF WE OR THE THIRD-PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LENDING ARTS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE OR THE WEBSITE WHICH IN THE AGGREGATE IS MORE THAN $25. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH OR RELATED TO ITS INDEMNITY OBLIGATIONS.
15. Severability
If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render the Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
16. Governing Law
The laws of the State of Colorado will govern these Terms without giving effect to any principles of conflicts of laws; however, the Arbitration Agreement below will be subject to the Federal Arbitration Act as more fully described below.
17. Resolution of Disputes
The following arbitration agreement in this Section (“Arbitration Agreement”) is part of your agreement with us and affects your rights; please read it carefully. This Arbitration Agreement provides that all disputes between you and Lending Arts, shall, at your or our election, be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, the Application Authorization, and the e-SIGN Policy (EXCEPT for matters that may be taken to SMALL CLAIMS COURT as described herein). Please note that:
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT BY a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
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(a) Dispute Resolution by Arbitration: Any and all claims, controversies, or disputes arising out of or related in any way to these Terms, the Application Authorization, the e-SIGN Policy, or your use of the Lending Services shall be subject to binding arbitration pursuant to the Federal Arbitration Act. This Arbitration Agreement shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-6. This Arbitration Agreement applies to, without limitation, (1) all issues concerning any transaction in connection with which this Arbitration Agreement has been entered into; (2) initial claims, counterclaims, cross-claims, and third-party claims, whether arising in law or equity, and whether based upon federal, state, or local law; contract; tort; fraud or other intentional tort; Constitution; common law; or statute;
(b) any issue as to whether any such claims, controversies, or disputes are subject to arbitration; and (4) any claims, controversies, or disputes that would otherwise be subject to class actions. This means that all claims, controversies, or disputes that are the subject of class actions will also be subject to binding arbitration under the FAA and this Arbitration Agreement. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
(c) Consent to Arbitration: You and we understand and agree that you and we are choosing arbitration rather than litigation to resolve disputes. You and we understand that you and we have the right to litigate disputes but that you and we prefer to do so through arbitration. In arbitration you may choose to have a hearing and be represented by counsel. THEREFORE, YOU UNDERSTAND THAT, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY:
(i)WAIVE ANY RIGHTS TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(ii)WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND
(iii)TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
(d) Opt-out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: info@lendingarts.com, within 30 days of entering into these Terms. If you send this notice, then the Arbitration Agreement will not apply to either party. In not sending this notice, you are communicating your consent to be bound by this Arbitration Agreement.
(e) Procedure for Arbitration. Arbitration may be heard, at the claimant’s election, by:
The American Arbitration Association: https://www.adr.org “(877) 495-4185“ casefiling@adr.org
JAMS: (800) 352-5267 https://www.jamsadr.com/adr-arbitration/, https://www.jamsadr.com/about/contact-us
or any other arbitration forum as you and we may agree.
You may initiate arbitration by contacting the arbitration forum of your choice using the contact points provided above. If you require assistance in a language other than English, or special services to accommodate a disability, please select an arbitration forum that can accommodate your needs.
(f) The arbitration shall be conducted by a single neutral, qualified, and competent arbitrator selected by you and us under the rules of the arbitration forum selected. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor all claims of privilege recognized by law. The Arbitration shall take place in a location determined by the arbitrator in the federal district of your residence.
(i)Whether we or you file for arbitration under this Arbitration Agreement, we will bear all other costs of the arbitration except for your attorneys’ fees and costs, unless awarded by the arbitrator under applicable law.
(ii)You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law. Because arbitration is a final, legally-binding process that may impact your legal rights, you may want to consider consulting an attorney.
(iv)The arbitrator shall allow for the discovery or exchange of non-privileged information relevant to the dispute, under the arbitrator’s supervision, prior to the arbitration hearing or submission of written presentations.
(v)Arbitrations may be decided upon written presentations, unless the amount of relief requested exceeds $25,000. The arbitrator may consider dispositive motions, but shall generally hold a conference call among all the parties prior to permitting any written motion. The arbitrator may hold hearings in person or by conference call, and hearings generally will not exceed one day. If you or we show good cause, the arbitrator may schedule additional hearings within seven calendar days after the initial hearing.
(g) Interpretation of this Arbitration Agreement. Any dispute as to the arbitrability of a claim shall be decided by the arbitrator. Any dispute as to the validity of the portion of this Arbitration Agreement that prohibits class arbitration shall be a matter for resolution by a court and not by the arbitrator. In the event that the court deems the portion of this Arbitration Agreement that prohibits class arbitration to be unenforceable, then the court shall retain jurisdiction over the dispute and this Arbitration Agreement shall be null and void.
(h) Statutes of Limitations. All statutes of limitations that are applicable to any claim or dispute shall apply to any arbitration between you and us.
(i) Attorneys’ Fees. The arbitrator may, but is not required to, award reasonable expenses and attorneys’ fees to the prevailing party if allowed by statute or applicable law and by the rules of the arbitration forum.
(j) Awards. The arbitrator shall issue the award in accordance with the rules of the arbitration forum. Unless you and we agree otherwise, the award shall provide the concise written reasons for the decision and shall apply any identified, pertinent contract terms, statutes and legal precedents. The arbitrator may grant any remedy, relief or outcome that you or we could have received in court.
(k) Enforcement of Award. The award of the arbitrator shall be binding and final after fifteen (15) days have passed and judgment upon the arbitrator’s award may thereafter be entered in any court having jurisdiction.
(l) Appeal Procedure. Within fifteen (15) days after an award by the arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration service. The decision of the panel of three neutral arbitrators will be immediately binding and final.
(m) Small Claims Court. Notwithstanding any other provision of this Arbitration Agreement, you and we shall retain the right to seek adjudication in Small Claims Court of any matter within its jurisdiction. Any matter not within the Small Claims Court’s jurisdiction shall be resolved by arbitration as provided above.
17. Miscellaneous
These Terms (together with the website Privacy Policy, the Privacy Notice and the e-SIGN Policy) represent the parties’ entire understanding relating to the use of the Lending Services and supersedes any prior or contemporaneous, conflicting or additional communications.
You may not assign these Terms without the prior written approval of Lending Arts, but Lending Arts may assign these Terms without restriction. Any purported assignment in violation of this section shall be void. The terms and conditions herein may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Any and all rights not expressly granted herein are reserved by Lending Arts.
18. Lender Partner Notice
The following notice is provided on behalf of the Lender Partner that makes you a loan:
19. Important Information About Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
20. Disclosures Specific to Your State of Residence
RESIDENTS OF CALIFORNIA: If married, you may apply for credit separately from your spouse as an individual.
RESIDENTS OF MAINE: You have free choice in the selection of the agent and insurer through or by which the insurance in connection with the requested loan is to be placed regardless as to whether that insurer is affiliated with either YSG or the Lender Partner. Your decision to obtain any insurance product from an agent, broker or insurer of your choice will not affect the credit decision unless the insurance product you choose does not comply with the Lender Partner’s reasonable requirements.
RESIDENTS OF NEW YORK: In connection with this application, we may request a consumer report on you. If you request, we will inform you whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished the report. Additional consumer reports may be ordered without further notice to you in connection with any update, renewal or extension of credit granted.
RESIDENTS OF OHIO: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
RESIDENTS OF VERMONT: You authorize any financial service provider with whom this application is shared, and each of their respective employees or agents, to obtain and verify information about you (including one or more credit reports, information about your employment and banking and credit relationships) that they may deem necessary or appropriate in evaluating your credit application. If your application is approved and credit is granted, you also authorize the parties granting credit and/or holding your account, and their respective employees and agents, to obtain additional credit reports and other information about you in connection with reviewing the account, increasing the available credit on the account (if applicable), taking collection on the account, or for any other legitimate purpose.
WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under Wis. Stat. 766.59, or a court decree under Wis. Stat. 766.70 applied to marital property adversely affects the Lender Partner’s interest unless you furnish a copy of such agreement, statement, or decree to the Lender Partner or the Lender Partner has actual knowledge of such adverse provision before credit is granted.
21. Contact Us
Please feel free to contact us with any comments, questions, or suggestions you might have regarding our website, policies, or Lending Services and we will do our best to both respond promptly as well as try to resolve any reasonable issue. You can contact us via email at: info@lendingarts.com.