Introduction:
ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE. SEE DISPUTE RESOLUTION; GOVERNING LAW BELOW FOR DETAILS.
BY COMPLETING AND SUBMITTING A LOAN REQUEST TO BE CONNECTED WITH A LENDER AND/OR LENDING PARTNER THROUGH THE WWW.RESERVE.COM WEBSITE (THE “SITE”), YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS THE PRIVACY POLICY POSTED TO THIS SITE, WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE. AS SUCH, YOU MUST READ THIS AGREEMENT AND THE PRIVACY POLICY BEFORE COMPLETING AND SUBMITTING YOUR LOAN REQUEST. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE AND THE PRIVACY POLICY, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE OUR LOAN CONNECTING SERVICE.
The terms and conditions stated in this Terms of Service Agreement (“Agreement”) govern your use of the WWW.RESERVE.COM loan connecting service (“Service”), as made available through the Site. Before downloading, accessing, or using any part of the Service, you should carefully review the following Agreement. We provide the Service to you only on the condition that you accept and agree to all of the terms and conditions stated in this Agreement. This Agreement will take effect at the moment you submit your Loan Request Form (“Loan Request Form”, “Loan Request”, “Request Form”, or “Form”) to be connected with one or more lenders and/or lending partners participating in our marketplace (“Marketplace Participants”), and/or begin downloading, accessing, or using the Service, whichever is earliest.
All references herein to “we” mean PENNIE MGMT, LCC d/b/a WWW.RESERVE.COM including its successors and assigns, which operates the Site and the Service. All references herein to “Individual” or “you” refer to any user of this Site and the Service. WWW.RESERVE.COM IS NOT A LENDER AND/OR LENDING PARTNER, DOES NOT BROKER LOANS, AND DOES NOT MAKE CASH ADVANCES OR CREDIT DECISIONS. THIS SITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO LEND. WE WILL SHARE YOUR LOAN REQUEST INFORMATION WITH ONE OR MORE MARKETPLACE PARTICIPANTS. WE DO NOT GUARANTEE THAT YOU WILL BE CONNECTED WITH A LENDER AND/OR LENDING PARTNER; ANY PARTICULAR LOAN PROGRAM; THAT YOU WILL RECEIVE A LOAN. WE DO NOT GUARANTEE THAT THE PRICE, PRODUCT, AVAILABILITY, RATES, FEES, OR ANY OTHER LOAN TERMS OFFERED AND MADE AVAILABLE BY MARKETPLACE PARTICIPANTS THROUGH THIS SERVICE ARE THE BEST TERMS AVAILABLE IN THE MARKET. NOT ALL MARKETPLACE PARTICIPANTS PARTICIPATING IN THIS SERVICE CAN PROVIDE YOUR REQUESTED LOAN AMOUNT OR THE MOST FAVORABLE REPAYMENT TERMS. YOU ARE PROVIDING EXPRESS WRITTEN CONSENT UNDER THE FAIR CREDIT REPORTING ACT FOR OUR LENDERS AND/OR LENDING PARTNERS WITH WHOM YOU ARE CONNECTED TO OBTAIN YOUR CONSUMER CREDIT REPORT FROM YOUR CREDIT PROFILE OR OTHER INFORMATION FROM CONTRACTED CREDIT BUREAU(S) ASSOCIATED WITH YOUR PRE-QUALIFICATION FOR CREDIT INQUIRY. 1. Eligibility Requirements. You must be at least 18 years of age (or the age of majority in your state of residence) to set up an Account. If you provide any false, inaccurate, untrue, or incomplete information in your Loan Request Form, we may immediately terminate your access to and use of the Service. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Loan Request Form. THE SERVICE IS NOT AVAILABLE TO RESIDENTS OF CONNECTICUT, NEW HAMPSHIRE, WASHINGTON & VERMONT OR TO ACTIVE MEMBERS OF THE MILITARY.
2. Loan Request Process. The Service attempts to connect Individuals who complete and submit a Loan Request with one or more Marketplace Participants. To use the Service, you must complete and submit the information requested in the Loan Request Form, which information may include (by way of example and not limitation) your name, street address, telephone number, date of birth, banking account information, desired loan amount, social security number, employment information, and any other information requested at the time of collection. Alimony, child support, or separate maintenance income need not be disclosed unless relied upon for credit. You represent and warrant that the information you provide to us through your Loan Request Form is accurate and truthful. If you do not provide such information in such manner, we reserve the right to deny, suspend, or terminate Service. We reserve the right to refuse to provide the Service to you, in our sole discretion, with or without cause.
By submitting your loan request you are providing written consent under the Fair Credit Reporting Act to PENNIE MGMT, LCC and its Marketplace participants and agree that (a) you are submitting an inquiry to us about loan products offered by Marketplace Participants, (b) we will share some or all of your loan request information with Marketplace Participants, consistent with the terms of our Privacy Policy, and (c) your consent allows Marketplace Participants to review, verify, and research your information in real-time or otherwise for pre-qualification purposes and to determine whether you may qualify to receive a loan from them, including by verifying your social security number, reviewing your information against nation databases of consumer financial transaction information, performing a credit check with TransUnion, Experian, and Equifax, and/or taking any other steps necessary to make a decision on whether to extend credit or advance cash. List of Marketplace Participants – PENNIE MGMT LLC CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES (“E-Consent”) Please read this information carefully and print a copy and/or retain this information for future reference.
Introduction. You are submitting a request to be connected with one of our Marketplace Participants. In order to offer you a loan, the Marketplace Participants need your consent to use and accept electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“Disclosures”).
Option for Paper or Non-Electronic Records. You may request any Disclosures in paper copy by contacting the Marketplace Participants directly. The lenders and/or lending partners will retain all Disclosures as applicable law requires.
Scope of Consent. This E-Consent applies to all interactions online concerning you and the Marketplace Participants and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, the Marketplace Participants may process your information and interact during all online interactions with you electronically. The Marketplace Participants may also send you notices electronically related to its interactions and transactions. Disclosures may be provided online at our or Marketplace Participants’ websites, and may be provided by e-mail.
Consenting to Do Business Electronically. Before you decide to do business electronically with the Marketplace Participants, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements directly to the Marketplace Participants.
Withdrawing Consent. Your E-Consent for our connecting service and for our Marketplace Participants’ consideration of your connecting request cannot be withdrawn because it is a one-time transaction. If you are connected with one or more Marketplace Participants, you are free to withdraw your E-Consent with them at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining credit from the Marketplace Participant. Contact the Marketplace Participant directly if you wish to withdraw this E-Consent. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.
Change to Your Contact Information. You should keep Marketplace Participants informed of any change in your electronic address or mailing address. You may update such information by logging into the Marketplace Participants’ website or by sending the Marketplace Participants a written update by mail.
YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING THE LINK, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.
CONSENT. BY CLICKING THE LINK, YOU ASSENT TO THE TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE MARKETPLACE PARTICIPANT ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM MARKETPLACE PARTICIPANTS OVER THE INTERNET. Under the federal E-SIGN Act and related state laws, with your consent, we can deliver such required information to you electronically and can use electronic records and electronic signatures in connection with your transactions with Marketplace Participants in our network. If you do not want to receive the required information electronically, or do not want to use electronic signatures in connection with your transactions with the Marketplace Participants, you should not agree to the terms of this agreement. If you do not consent to receiving the required information electronically, or do not consent to the use of electronic signatures in connection with your transactions with Marketplace Participants in our network, we will not be able to proceed with you.
3. Information Review Process. If one or more Marketplace Participants review your Loan Request information and determine that you meet its loan qualification criteria, we will provide you the name(s) and contact information of the Marketplace Participant(s) or redirect your browser to their website. Once we connect you with a Marketplace Participant in either manner, we have no further involvement in the Loan Request Form or approval process. Your subsequent interactions with them are subject to their privacy policies, terms of use, and other policies or terms enforced by that Marketplace Participant. In addition, Marketplace Participants who review your information may contact you at a later time to offer their products and services to you.
I expressly authorize the Marketplace Participant I am connected with to share among its affiliates, loan servicers, and bank partners any transaction history related to my financial products or services received or serviced through the Marketplace Participant for the purpose of evaluating me for credit.
We are not responsible for any failure or delay in providing the Service caused by errors, inaccuracies, or falsity in any of the Loan Request Form information provided by your or by any technical problems beyond our reasonable control. We are not an agent of you or any Marketplace Participant. We are not involved with the Marketplace Participant’s review and/or use of your Loan Request information or in making a determination about whether you meet a particular Marketplace Participant’s loan qualification criteria. We do not recommend or endorse the products of any particular Marketplace Participant. The Marketplace Participant is solely responsible for its services to you, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Service. You understand that Marketplace Participant may keep your Loan Request information for their own business and marketing purposes, whether or not you qualify for a loan with them.
4. License. This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this Agreement. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another Individual or any other systems or networks connected to this Site or to any of our servers or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or our systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact us. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
5. Disclaimer Of Warranties, Release, And Limitation Of Liability. THE SERVICE AND SITE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED THEREIN (COLLECTIVELY, “SERVICE INFORMATION”) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICE INFORMATION AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE SERVICE INFORMATION. WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, MARKETPLACE PARTICIPANTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICE INFORMATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU ACCESS FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Some jurisdictions do not allow the disclaimer of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly absolve and release us and our Marketplace Participants from any claim of harm resulting from a cause beyond our or our Marketplace Participants’ control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, MARKETPLACE PARTICIPANTS AND AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THIS SITE, THE SERVICE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR MARKETPLACE PARTICIPANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. You hereby agree to indemnify and hold us harmless against any claims made by you or your successors arising out of or related to any violation of federal, state or local laws relating to any loan that you receive through the Service or your interactions with any Marketplace Participants with whom you were connected through the Service.
6. Termination. We may temporarily or permanently stop providing the Service (or any features within the Service) to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) we are required to do so by law, (c) we believe, in our sole discretion, that you have committed fraud with respect to your access to and use of the Service, (d) the Marketplace Participants or other business partner with whom we offer the Service to you has terminated its relationship with us, (e) the provision of the Service to you by us is, in our sole opinion, no longer commercially viable, or (f) we are no longer providing the Service to customers in the jurisdiction in which you reside or from which you use the Service. Termination is effective without notice.
7. Governing Law; Dispute Resolution. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Consumer Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held in your county of residence; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Florida law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive, consequential or exemplary damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Company retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. The FAA applies to any disputes over arbitrability or the enforcement of this clause. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE INFORMATION PROVIDED IN THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. You may opt out of this arbitration agreement by providing notice to us by US Mail sent to: 251 Little Falls Drive, Wilmington, Delaware 19808 no later than 30 calendar days from the date you accept these Terms of Service. To opt out, you must send notice in a letter that includes the subject line: “Arbitration Opt Out” along with your full name and the email address you used when consenting to the Terms of Service.
8. Miscellaneous. This Agreement, including the Privacy Policy which is incorporated herein, constitutes the entire agreement between you and us with respect to your use of the Service. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by us, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.
