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Alt Lending LLC Terms of Use

Last updated: January 2024

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES.

These Terms of Use (“Terms” or “Terms of Use”) constitute an agreement between you (“you” or the “user”) and Alt Lending LLC (“Company,” “we,” “us” or “our”) that governs your access to and use of the website https://altlendingllc.com/, the subdomains, and the mobile app (collectively the “Site”) whether as a guest or a registered user. These Terms of Use are not applicable to and will be replaced by and preempted by any loan agreement that you may enter into with us or any third party through the Site.

The Site is owned and operated by the Company. Access and use of the Site is provided by the Company to you on condition that you accept these Terms of Use. By accessing or using the Site, you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use the Site.

These Terms of Use govern the relationship between you and the Company with respect to your use of the Site. You agree that the agreement formed by these Terms of Use are like any written agreement signed by you, and you agree to be bound by, and fully comply with, their terms. You represent and warrant that you have all necessary right, power, and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.

You understand that aspects of the Site may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Site in your jurisdiction.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site; and (iv) the equipment, hardware or software required to use and access this Site.

Any changes we make to these Terms of Use will be effective immediately upon posting on this Site. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

YOU AGREE TO OUR PRIVACY NOTICE

Please review our privacy policy (“Privacy Notice”) regarding the privacy of those who use the Site. Our Privacy Notice is incorporated by reference in these Terms of Use. By using the Site, you are consenting to and agreeing to be bound by the Privacy Notice.

When you use any services that we provide, you consent to receive communications from us electronically via email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use our services and to update such information while you continue to use our services.

ELIGIBILITY

You represent and warrant that you: (a) are at least eighteen years old; (b) are located within the US; and (c) have full power and authority to enter into these Terms and, in doing so, will not violate any other agreement to which you are a party.

SERVICES AND YOUR ACCOUNT

In order to access and use certain services available on the mobile application, you may need to sign up for, open and maintain an account (your “Account”) with us. You represent and warrant that at all times you will: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; (ii) maintain and promptly update your information (including your e-mail address) to keep it accurate, current and complete; (iii) not use our services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of those services. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the mobile application and to refuse any and all current or future use of the mobile application.

USE OF THE SITE

Limitations on Use of Site. The information and materials contained on the Site and these Terms are subject to change. You accept sole responsibility for all your activities using the Site. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into the Company’s systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site in a manner that:

  • harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
  • is unlawful, fraudulent, or deceptive;
  • uses technology or other means to access content or systems of the Company in a manner that is not authorized by Company;
  • interferes with any other person’s use of the Site, including, without limitation, by disrupting, spamming or otherwise using abusive tactics to deter others from using the Site or any of its features;
  • uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of the Company or to scrape content for commercial use;
  • attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • attempts to gain unauthorized access to the Company’s computer network or user accounts;
  • encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • violates these Terms or any other Company policy;
  • attempts to damage, disable, overburden, or impair the Company’s servers or networks;
  • fails to comply with applicable third-party terms;
  • attempts to obtain a password or other private account information from any other user of this Site;
  • creates multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with the Company; or
  • constitutes any other inappropriate conduct, as determined by us in our sole discretion.

 

INTELLECTUAL PROPERTY INFRINGEMENT

Copyright Complaints

If you believe that any material on the Site infringes any copyright which you own or control, you may send a written notification of such infringement to our agent at info@thealtlender.com

To meet the notice requirements under the Digital Millenium Copyright Act, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online location are covered by a single notification, a representative list of such works at that location.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit us to locate the material.

  • Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted.

  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

INTELLECTUAL PROPERTY

The content, any materials or information downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by us or third parties; all rights, title, and interest will remain the property of us and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized to view and retain a copy of pages of the Site only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials for the purpose of transacting business with us. You may not tokenize copies of the pages of the Site or any other content on the Site. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Site (or printed pages produced from the Site), and (b) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with us.

SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS

At times, you may experience difficulty accessing the Site or communicating with us through the Internet, or other electronic wireless services, as a result of high internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, ours, or an internet service provider’s, can experience unanticipated outages or slowdowns or have capacity limitations. We are not responsible for failure or delay of performance caused by such problems.

LINKS TO OTHER WEBSITES AND SERVICES

The Site may contain links to outside services and resources, the availability and content of which we do not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites.

We do not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.

SEVERABILITY/NO WAIVER

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The Company’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.

The sections titled “links to other websites and services”; “severability/no waiver”; “disclaimers: site, and materials provided as-is”; “limitation on liability”; and “indemnification” will survive any termination or expiry of these Terms of Use.

DISCLAIMERS: SITE AND MATERIALS PROVIDED “AS-IS”

EXCEPT AS OTHERWISE PROVIDED EXPLICITLY HEREIN, THE SITE IS PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE COMPANY’S SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) THAT THEIR USE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE SITE NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SITE AND ITS CONTENT AND DATA MAY BE PROVIDED BY US FROM TIME TO TIME WITHIN THE SITE.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN REPRESENTATIONS OR WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING ON THE SITE SHALL BE CONSTRUED AS LEGAL, FINANCIAL, MEDICAL, OR OTHER ADVICE, AND YOU ARE SOLELY RESPONSIBLE FOR MAKING ALL DECISIONS TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CODES, OR STANDARDS.

WE DO NOT WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SITE, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

LIMITATION OF LIABILITY

YOU AGREE THAT THE COMPANY AND ITS REPRESENTATIVES (“PROTECTED PARTIES”) HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SITE, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US IN SERVICE FEES, NOT INCLUDING LOAN REPAYMENTS, DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $10.00 (TEN DOLLARS) (USD) (THE “LIABILITY CAP”). THE COMPANY AND YOU AGREE THAT THE LIABILITY CAP SHALL INCLUDE ALL FORMS OF DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, losses, obligations, demands, damages, deficiencies, judgments, settlements, costs, liabilities, and expenses (including reasonable attorney’s fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to (1) your use of, access to, or misuse of the Site; (2) your breach (or alleged breach) of any of the terms of the Terms of Use; or (3) any activity using your email address and password by you or any other person accessing the Site using your account or email address.

Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, the foregoing indemnity will apply to you to the extent permitted by applicable law.

CHANGES

You are responsible for reviewing these Terms regularly. The Company reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Site, these Terms, or any of our policies related to use of the Site. Revisions to these Terms or our policies may be provided through the Site, including by posting the revisions on the Site and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Site. Continued use of the Site following such modifications to the Site, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such content does not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

GOVERNING LAW, JURISDICTION AND CLASS ACTION WAIVER

THIS PROVISION AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE.

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

CLASS ACTION WAIVER. You and the Company each agree that in the event of a dispute, the matter will be litigated only on an individual basis and not as a class, collective or other representative action. You expressly waive your right to file a class action lawsuit.

MISCELLANEOUS

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

This Site is solely directed to individuals residing in the United States. We make no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We may assign our rights and duties under these Terms of Use at any time without notice to you.  

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

CONTACT INFORMATION

If you need to contact us regarding the Site or these Terms of Use, please reach out to us at:

Address:

Alt Lending LLC

8701 E. Hartford Dr.

Suite 125

Phoenix, AZ 85255

 

E-mail: info@thealtlender.com