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Terms of Use

Date Last Revised: May 20, 2014

These Terms of Use ("Terms of Use") set forth the terms and conditions that apply to your access and use of this Internet web site and any other web site and all devices or applications that link to these Terms of Use (each a "Site"), and all products and services provided to you through the Sites (the "Services") or your use of products or services offered through a Site by a third party service provider ("Service Provider"). The Sites are owned and operated by or on behalf of Loanlook, Inc., a Delaware corporation, and/or its successors, parents, subsidiaries, affiliates, or related companies (collectively referred to as "Loanlook," "we," "our," or "us").

These Terms of Use constitute a legal agreement between you and Loanlook. BY ACCESSING AND USING A SITE OR THE SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND LOANLOOK'S PRIVACY AND SECURITY POLICY (THE "PRIVACY POLICY"), WHICH GOVERN YOUR USE OF THE SERVICES AND ACCESS TO DATA. YOU AGREE THAT THESE TERMS OF USE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT REGISTER FOR THE SERVICES OR USE ANY OF THE SITES.

The use of the word "including" in these Terms of Use and the Privacy Policy refers to specific examples, and will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.

1. Accepting the Terms

You may not use any part of the Services and you may not accept these Terms of Use if you are not at least 16 years of age and, in any event, of a legal age to form a binding contract with Loanlook. You represent that you have the capacity to be bound by them, and we suggest you print or save a local copy of these Terms of Use for your records.

Depending on your activities when visiting a Site or using certain features of the Services, you may be required to agree to additional terms and conditions as indicated on the Site or via such Services.

By using or accessing any part of a Site or Services, or indicating your acceptance during the registration process, you signify your agreement with the then-current version of the Terms of Use and all other policies or notices posted by us on the Site. You agree that your use of the Services will always be subject to the most current version of these Terms of Use and the Privacy Policy at the time of such access or use.

2. Information Privacy

For information about Loanlook's personally identifiable and non-identifiable data handling practices, please read the Privacy Policy available here, which is hereby incorporated into these Terms of Use. The Privacy Policy explains how we treat your personal information when you access a Site and use the Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to a Site.

3. Description of the Services

The Services include a personal student loan information management service that allows you to view certain information concerning student loan programs and services, and if you elect to register, track your aggregated student loan information from specific institutions on the Sites. Based on such information, the Services may also present information relating to third party products or services.

The Services may also include DocSpot, a document repository for documentation specific to your student loans. DocSpot allows you to upload student loan-related documents ("DocSpot Content") in specified formats to a central location for you to reference anytime you need them. Documentation such as MPN's (Master Promissory Notes), billing statements, deferment or forbearance forms can all be updated in DocSpot for your future reference.

You acknowledge that we charge a fee for use the Services, which fee may be paid for by a college, university, or other institution at which you are enrolled and/or currently attending or have attended in the past (an "Institution"). If the Services are not paid for by an Institution for any reason, we reserve the right to charge you a fee for the Services with a reasonable notification and acceptance period. If you elect not to accept responsibility for paying such fees, we have the right to deactivate your account and prevent you from accessing and using such Services.

The Services are provided to you as an aid to assist you in organizing and managing student loan obligations. The Services are not intended to provide legal, accounting, tax, broker, financial, or student aid or counseling advice or services.

4. Account Information

The Services will gather and consolidate available account information from an institution with which you have a relationship, including your or your dependant's government-guaranteed 20 USC 1070 Title IV loan type data, account information, personal data, payment data, historical account data, and other data on each of your loans under the Title IV program ("Account Information"). You acknowledge and agree that the Account Information is obtained from various third party entities ("Data Providers") on your behalf, and as your agent and service provider, as specified in "Rights You Grant to Us" below. Such Data Providers include the U.S. Department of Education's ("ED") National Student Loan Database System, your Institution, your Title IV lender or loan servicer appointed by the lender, the guaranty agency or the ED from time to time or any private student loan lender you have authorized data to be provided from. The Account Information is obtained by using data access credentials you provide at the time of registration, or pursuant to these Terms of Use and through an agreement between us and the applicable Data Provider. All of your Account Information is stored in our databases for your use in connection with the Services.

You agree that the Data Providers, not Loanlook, are responsible for maintaining Account Information with proper and sufficient accuracy and authority in accordance with all governing laws and regulations. Loanlook makes no effort to verify any Account Information for any purpose, including accuracy, legality, or non-infringement. Loanlook is not responsible for the products and services offered by or on third-party sites, including Data Providers or Service Providers.

Loanlook cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain Account Information or result in loss of data, access restrictions, or other service interruptions. Loanlook cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, Account Information, data communications, or failures resulting from personalization settings. For example, when displayed through the Services, Account Information reflects the information obtained from such Data Providers, which are usually updated weekly. You may be able to get more up-to-date information by contacting Loanlook or such Data Provider directly.

5. Loanlook Group Offers and Third-Party Links

Some parts of the Services may be, now or in the future, supported by sponsored links from advertisers and/or special Loanlook offers. These may be custom-matched to you based on your information, including Account Information, stored in the Services, queries made through the Services, or other information obtained in connection with your access or use of the Sites and Services.

A Site may provide links to other web sites belonging to Loanlook advertisers and other third parties. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by Loanlook of any information contained in any third party web site. In no event will Loanlook be responsible for the information contained in such third party web site or for your use of or inability to use such web site. Loanlook does not endorse, warrant, or guarantee the products or services available through any third-party site (or any other third-party products or services advertised on or linked from a Site), whether or not sponsored, and Loanlook is not an agent or a broker or otherwise responsible for the activities of any third parties. Access to any other web site is at your own risk, and you should be aware that linked web sites may contain terms and privacy policies that are different from those of Loanlook. Loanlook is not responsible for such provisions and expressly disclaims any liability for them. Loanlook neither guarantees that any loan, investment, plan, or other service term, rate, or reward offered by any particular advertiser or other third party on the Sites will be the same or similar to the terms that may be offered to you if you pursue the offer with such advertiser or third party, nor does Loanlook offer any opinion of such terms with respect to any others available in the market.

6. Your Registration Information

As a registered user, you agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Services. Your email address and password, together with any contact or verification information you provide, form your "Registration Information."

Information provided by you to any Service Provider in the past in any form or shall also become part of your Information if this data is aggregated within the Site to effectively help you manage your contact information. You agree to receive all required notices electronically at your email address(es) on record. You agree to receive telephone calls, including from automated and predictive dialing devices, which includes pre-recorded messages, on any of your telephone numbers including, without limitation your current or future cellular/mobile device from Loanlook or any Service Provider related to your student loans and not in connection with any non-student loan related third party products or services. In the event a new mobile phone number to contact you is obtained, you agree to receive telephone calls to that number including from automated and predictive dialing devices, which may also include pre-recorded messages. It is your responsibility to update or change your email address and mobile telephone number, as appropriate. Revocation of our ability to communicate with you shall be provided to info@loanlook.com or via telephone at 1-855-4loanlook. Loanlook and Service Providers shall have up to 10 days to comply from the date of receipt of such revocation. Notices will be provided in HTML (or, if your system does not support HTML, in plain text) in the text of the email or through a link to the appropriate page on a Site, accessible through any standard, publically available Internet browser (such as Microsoft Internet Explorer).

If you become aware of any unauthorized use of your Registration Information, you agree to notify Loanlook immediately at the email address security@loanlook.com or by calling the telephone number 1-855-4loanlook.

7. License and Site Access

Loanlook grants you a limited license to access and make personal use of the Services. You may not download (other than page caching) or modify any portion of them. The license to use the Services does not include any resale or commercial use of the Sites or its contents or any derivative use of the Services or the contents of the Sites, including any data or information obtained through the Services (the "Content"). You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell, or otherwise exploit any of the Content for any commercial purpose. By using a Site, you warrant to Loanlook that you will not use the Services, or any of the Content, for any purpose that is unlawful or prohibited by these Terms of Use or applicable law. Except as expressly set forth herein, Loanlook does not grant any license or other authorization to any use of our trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property. If you violate any of the terms of these Terms of Use, your permission to use the Sites automatically terminates.

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites for lawful purposes. You agree not to resell, grant access to, or transfer the Sites or Services, or use or provide access to the Sites or Services for the benefit of any other person.

Accurate records enable Loanlook and its Service Providers to provide the Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at the Data Providers, and you may not misrepresent your Registration Information. In order for the Services to function effectively, you must also keep your Registration Information up to date and accurate. If you fail to do this, the accuracy and effectiveness of the Services provided to you will be adversely affected. If any information provided by you is untrue, inaccurate, not current, or incomplete, Loanlook has the right, but not the obligation, to suspend or terminate your account and refuse you any and all current or future use of the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, acts or omissions of telecommunications providers, periodic Site updating, maintenance, or repair, or other reasonable actions that Loanlook, in our sole discretion, may elect to take. Your access to the use of the Services may also be effected by acts or omission of Data Providers, including changes you may make to your account access credentials with such Data Providers.

8. Prohibited Conduct

You agree that you will not:

  • Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor a Site or any portion of a Site;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search a Site, other than the search engines and search agents available through the Services or through the use of publically available Internet browsers (such as Microsoft Explorer);
  • Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features or that otherwise interferes with the proper working of the Services;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
  • Share your password with anyone.

9. Online and Mobile Alerts

You agree to receive online and mobile alerts that Loanlook or its Service Provider may provide from time to time, including automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your account on a Site, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts. Loanlook may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts may be sent to the email address you have provided as your primary email and to any other secondary email addresses you have provided to any Institution, lender, servicer, or guaranty agency related to your loans that you view through a Site. If any of the email addresses you provide us or if your mobile number changes, you are responsible for informing us of that change. You may also have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include the password you generated in an alert to you (but we may send you a temporary password by email). We will never require you to input your password or any other personal information at any time for any reason in connection with an alert. However, alerts may include some information about your loan accounts. Depending upon which alerts you select, information such as a loan balance or the due date may be included. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time.

If, at any time, your personal information is not up-to-date and emails or other communication fail to elicit a response from you, you understand and agree that Loanlook may initiate a search through Internet and other publicly available data sources to identify your location information. "Location Information" consists of a current physical address, your email address, and home or work telephone number.

10. Rights You Grant to Us

By submitting information, materials, and other content to Loanlook through the Services, or authorizing Loanlook to access and obtain your Account Information, you are licensing that content and Account Information to Loanlook for the purpose of providing the Services and for use as permitted under these Terms of Use and the Privacy Policy. You represent that you are entitled to submit to Loanlook such content and Account Information for such purpose, without any obligation by Loanlook to pay any fees or subject to any other limitations.

When you use the feature of the Services that allows you to add your data access credentials for a particular Data Provider, you will be directly connected to the web site for the third party Data Provider you have identified. Loanlook will submit information including usernames and passwords that you provide to log you into the third party Data Provider site. You hereby authorize and permit Loanlook to use and store information submitted by you to the Services (such as account passwords and user names) to accomplish the foregoing and to configure the Services so that they are compatible with the third party sites for which you submit your information. For purposes of these Terms of Use and solely to provide the Account Information to you as part of the Services, you grant Loanlook a limited power of attorney, and appoint Loanlook as your attorney-in-fact and agent, to access such third party Data Provider sites and retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities as you could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN LOANLOOK OR ITS SERVICE PROVIDER IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY DATA PROVIDER SITES, LOANLOOK OR ITS SERVICE PROVIDER IS ACTING AS YOUR AGENT AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY.

Loanlook has no obligation to monitor the Sites. However, you acknowledge and agree that Loanlook has the right to monitor the Sites electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Services properly, or to protect us or our users. Loanlook will not intentionally monitor or disclose any private email message unless required by law.

11. Loanlook's Intellectual Property Rights

The Content, including the Sites' "look and feel" (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs), and other material are protected under both United States and other applicable copyright, trademark, and other laws. The Content belongs or is licensed to Loanlook or our software or content suppliers. Loanlook grants you the right to view and use the Sites subject to these terms. You may download or print a copy of information provided on the Sites for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any Content from the Sites in whole or in part for any other purpose is expressly prohibited without our prior written consent.

12. User Content

As part of the Services, Loanlook may allow registered users to post content on a bulletin board, blog, chat room, or similar public forum on a Site (which may be hosted by Loanlook or by one of our Service Providers on Loanlook's behalf) or to upload DocSpot Content. You are solely responsible for any User Content you upload to the Service, including documents you upload via DocSpot, and the consequences of uploading such content. By "User Content," we mean any documents or other content you upload to a Site, including content you post on a bulletin board, blog, chat room, or similar public forum on a Site ("Public Content") and DocSpot Content. The term "upload" refers to uploading, posting, or otherwise transmitting User Content via a Site.

You warrant and represent to us that you either own or have the right to upload all the User Content you upload. Furthermore, you warrant and represent that you have the right to allow us to make your User Content available for others who you invite to access your User Content to view and use as part of the Services, without requiring that any such use be subject to additional obligations or terms. If you cannot make these warranties and representations, do not upload or post the User Content. By uploading User Content, you do not lose any ownership rights you may have to it. However, we do need you to grant us certain rights that are necessary to host your User Content and make it available to you and your designees as part of the Service. Accordingly, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display and perform all or any portion of the your User Content in connection with the provision of Services, in any media formats or in tangible form, and including, in the case of Public Content, for promoting and redistributing part or all of the Public Content (and derivative works thereof) in any media formats and through any media channels.

While we use industry standard security processes and procedures to protect the DocSpot Content stored on our systems from unauthorized access and disclosure, if you share access to your DocSpot Content or allow someone to use your access credentials, we are not responsible for keeping it confidential.

In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation, or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property, or safety of Loanlook, our Service Providers, our users, or the public as required or permitted by law.

File size and type restrictions may be applicable to your use of DocSpot or other portions of the Services involving User Content and you agree to comply with all such restrictions.

You are prohibited from using DocSpot to upload content that is not specifically related to your student loans.

13. Rules for Uploading Content

You agree in uploading DocSpot Content or Public Content to follow certain rules as follows:

  • You are responsible for all User Content you submit to a Site.
  • By submitting User Content, you represent that you have all necessary rights to such User Content.
  • You hereby grant each user a non-exclusive license to access your Public Content through the Sites, and to use, reproduce, distribute, prepare derivative works of, and display such Public Content as permitted through the functionality of the Sites and under these Terms of Use.
  • You may not post or transmit any User Content that is libelous or defamatory, or any Public Content that discloses private or personal matters concerning any person. You may not post or transmit any User Content that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law; or that is otherwise inappropriate.
  • You may not post or transmit any User Content that would violate the property rights of others, including unauthorized copyrighted text, images, programs, trade secrets, or other confidential proprietary information, or trademarks or service marks used in an infringing fashion. Please note that material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites and applicable intellectual property laws, and not these Terms of Use, govern your use of that material.
  • You may not interfere with other users' use of the Services, including disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Services infrastructure or that negatively affects the availability of the Services to others.
  • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Sites that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  • You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
  • You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the feedback, suggestions, or ideas in any manner and for any purpose.
  • You acknowledge that Loanlook uses our third party service provider, Click and Chat.com to help us provide, host, and operate the "Live Help" area of the Services. You agree that if you choose to participate in, or post content to, the "Live Help" area of the Services, such as by posting a new topic, following a topic, or replying to an existing topic, then you agree to also comply with Click and Chat.com's Terms and Conditions, in addition to the terms of this Agreement.
  • You acknowledge that Loanlook users our third party Service Provider, Loanlook, LLC to provide resources to support the "Live Help" and "Contact Us" area of the Services. You agree that if you choose to participate in, or post content to, the "Live Help" or "Contact Us" areas of the Services, such as posting a new topic, following a topic, replying to an existing topic, initiating a phone call to the posted support telephone numbers, or sending an email to the posted support email addresses, then you agree to also comply with the Loanlook, LLC Terms and Conditions, in addition of this Agreement.
  • Loanlook reserves the right to refuse to post or to remove any information or materials, including User Content, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms of Use. It is Loanlook's policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who violate the provisions of this Section 13, without prior notice to the user.

14. Storage and Availability

The Sites and Services are not a content-archiving service. We do not promise to store or make available on our Service any User Content that you submit or any other Content. You are solely responsible for keeping back-ups of everything you post on our Service and we have no obligation to return any User Content to you.

You acknowledge that temporary interruptions in the availability of the Service may occur from time to time as normal events. Under no circumstances will Loanlook or our suppliers be held liable for any damages due to such interruptions or lack of availability.

15. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK AND EXPENSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOANLOOK, OUR AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, DATA PROVIDERS, AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITES, SERVICES, CONTENT, AND RELATED MATERIALS, OR THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, THE SITES, OR THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR MERCHANTABILITY. LOANLOOK DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, OR QUALITY OF ANY CONTENT, THE SITES, OR THE SERVICES, REGARDLESS OF WHO ORIGINATES THAT CONTENT. THE USE OF ANY INFORMATION CONTAINED ON THE SITES OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICES, INCLUDING FROM LOANLOOK OR IN CONNECTION WITH OTHER CUSTOMER SERVICE FUNCTIONS ASSOCIATED WITH THE SERVICES, SUCH AS OPINIONS, INSTRUCTIONS, SUGGESTIONS, ADVICE, LETTERS, AND OTHER SIMILAR CONTENT, IS AT THE YOUR OWN RISK. LOANLOOK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT OR SITES ARE FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE CONTENT AND SERVICES. LOANLOOK IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITES, INCLUDING ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

16. Not a Financial Planner, Broker, or Tax Advisor

LOANLOOK AND ITS SERVICE PROVIDERS DO NOT PROVIDE, AND THE SERVICES ARE NOT INTENDED TO PROVIDE, LEGAL, ACCOUNTING, TAX, BROKER, FINANCIAL PLANNING, CREDIT COUNSELING, OR STUDENT AID OR COUNSELING ADVICE OR SERVICES. The Services are intended only to provide you with aggregated account information and data in a format and scope designed to assist your decision-making. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy that could have legal or financial consequences for you, you are strongly encouraged to obtain additional information and advice from your accountant or other financial, tax, legal, or professional advisers who are fully aware of your individual circumstances.

17. Alert Disclaimer

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Loanlook does our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Loanlook shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. You understand that standard data and messaging rates will apply to any alerts provided to you through the Services.

18. Limitations on Loanlook's Liability; Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOANLOOK SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY FAILURES, THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, OR LOSS OF OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES OR CONTENT, OR THESE TERMS OF USE, EVEN IF LOANLOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOANLOOK AND YOU. LOANLOOK WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICES WITHOUT SUCH LIMITATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOANLOOK SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, FOR ANY REASON OR UNDER ANY CIRCUMSTANCES, EVEN IF LOANLOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EXCESS OF $100.00 US DOLLARS.

YOU AND LOANLOOK AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR LOANLOOK WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR LOANLOOK ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND LOANLOOK FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, LOANLOOK, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

19. Your Indemnification of Loanlook

You shall defend, indemnify, and hold harmless Loanlook and our affiliates, officers, directors, shareholders, and employees, registered users, Service Providers, Data Providers, and agents from and against all claims and expenses made by any third party, including attorneys fees, due to or arising out of: (i) providing us with usernames and passwords to access Account Information from Data Provider sites; (ii) content you made available through your use of the Services, including User Content; (iii) your violation of these Terms of Use; or (iv) your violation of any rights of another person.

20. Ending your Relationship with Loanlook

These Terms of Use will continue to apply until you deactivate your account or Loanlook terminates our relationship with you as set out below.

If you want to deactivate your account on the Services, you may do so by going to My Profile and selecting "Terminate My Account". Promptly upon receipt of your request, we will use reasonable efforts to remove data you provided to us or that we collected on your behalf from our servers subject to and as explained in our Privacy Policy.

Loanlook may, at any time, terminate our legal agreement with you:

  • If you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of these Terms of Use);
  • If Loanlook in our sole discretion believes we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • Immediately upon notice to the email address provided by you as part of your Registration Information.

Upon any termination we may delete your account, passwords and User Content and we may bar you from further use of the Service. You understand that we may also, in our sole discretion, (a) continue to make your Public Content available on the Service even if your use of the Service is terminated or suspended and (b) put your User Content in a suspended state until your account is renewed or until we permanently delete all data and documents associated with your account. You understand that we have no obligation to return your User Content upon any termination or expiration of your permission to use the Service. We have no obligation to export your data. You agree that we will have no liability to you or any third party for termination of your account, User Content , or access to the Service.

21. Modifications

Loanlook may modify these Terms of Use from time to time. It is your responsibility to review these Terms of Use from time to time for any changes. Any and all changes to these Terms of Use will be posted on the Sites. In addition, these Terms of Use will always indicate the date they were last revised. You are deemed to have accepted and agreed to be bound by any changes to these Terms of Use when you use the Services after those changes are posted. Loanlook reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof). Loanlook shall not be liable to any user or other third party for any such modification, suspension, or discontinuance except as expressly provided herein.

22. Governing Law and Forum for Disputes; Remedies

These Terms of Use, and your relationship with Loanlook under these Terms of Use, shall be governed by the laws of the State of Delaware without regard to its conflict or choice of laws provisions that would result in the application of the laws of another jurisdiction. Any dispute with Loanlook, or our officers, directors, employees, agents, or affiliates, arising under or in relation to these Terms of Use shall be resolved exclusively through the courts of the State of Delaware, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Loanlook may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Loanlook is able to offer the Services at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Use.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with the Services, shall be for Loanlook to use commercially reasonable efforts to effectuate an adjustment or repair of the Services.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred.

23. Miscellaneous

If any portion of these Terms of Use is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of these Terms of Use that is unlawful, void, or unenforceable shall be stricken from these Terms of Use.

You agree that if Loanlook does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Loanlook has the benefit of under any applicable law), this will not be taken to be a formal waiver of Loanlook's rights and that those rights or remedies will still be available to Loanlook.

These Terms of Use (as amended) represent the entire understanding and agreement between you and Loanlook regarding the subject matter of the same and supersede all other previous agreements or amendments.

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