Last Updated: March 4th, 2020
Modification. We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on this Website. The date on which these Terms have been last updated will be noted immediately above this page and the revised Terms will take effect seven (7) days after their publication on this Website. Therefore, you should visit this page periodically to review any changes. Your continued use of this Website after any such changes have been made constitutes acceptance of those changes.
Eligibility. The Services on offered on this Website are not available to persons under the age of 18 or to persons who are not legal residents of the United States. By using this Website, apply for or using any of its Services, you represent and warrant that you are at least 18 years of age and are a legal resident of the United States. Not all Services are available in all geographic areas. Your eligibility for particular Services is subject to final determination by Lend5k, its affiliates, and or its lending partners.
Authorization to Obtain a Credit Report and Credit Score. You understand and agree that by submitting your loan request, you are providing written instruction under the Fair Credit Reporting Act authorizing us and/or the lenders with whom your request is shared to obtain your consumer credit report, credit score, and/or other information from any consumer reporting agency in order to provide you with quotes and verify your identity. These lenders may obtain your credit report, credit score, and other information to make a final decision before extending a loan to you. Additionally, you understand and agree that providers may use third party services to obtain information relating to you and to verify any information that you provide including, without limitation your social security number, address, phone number, bank account information and employment history.
Services Offered by this Website.
Online Marketplace for Lenders and Other Providers. This Website functions as an online marketplace for you to find third party lenders and other providers that may be of interest to you. By clicking “Submit” or any button indicating acceptance, you are certifying that all of the information you have provided is your loan request form is true, accurate, and complete. Lenders and non-lenders (hereafter “Network Partners”) that participate in our network may use specific criteria, or filters, to identity the consumers with whom they would like to connect with. The Network Partners also specify the prices they will pay us for the opportunity to present an offer to a consumer that meets the Network Partner’s criteria.
When you submit your loan request, Lend5k transmits the information you entered in the loan request form through our network in real time, presenting the information to Network Partners electronically until one Network Partner, often the highest bidding, accepts your loan request. You will then be directed to that Network Partner’s website where they may present you an offer for a loan or other products that may be of interest to you. If no Network Partner accepts your loan request, we may present you with an offer to submit another loan request or an offer for a different product. We also may share your contact information with third-party marketers and service providers that may contact you by email or text message/SMS (please note data and messaging rates may apply) to offer you loans or other products that may be of interest to you.
Tribal Lender Disclosure. When you submit a loan request on this Website, you may be connected to a tribal lender or marketplace lender. Tribal lenders may claim exemptions from state licensing and usury caps, based on tribal immunity or bank preemption. Please note that the rates and fees offered by these lenders may be higher than those offered by state-licensed lenders. In addition, with tribal lenders, you may be required to agree to resolve any disputes in a tribal jurisdiction. You are urged to read and understand the terms of any loan offered by any lender, regardless of its lending model, and to reject any particular loan offer that you cannot afford to repay or that include terms that are not acceptable to you. By submitting your loan request, you agree that you have read and understand this above statement.
We Are Not a Lender. Lend5k is not a lender, financial institution, loan broker or an agent of a lender, financial institution or loan broker. This Website does not constitute an offer or solicitation to lend. This website collects personal information provided by you and uses that information to connect you to third party lenders and non-lenders in our network. Your information may be shared with non-lenders or other intermediary service providers, to help connect you with a lender. Providing your information on this Website does not guarantee that you will be approved for a loan. Not all lenders can provide loans in the amounts advertised on the Websites. The amount of time to transfer funds may vary between lenders and may also depend on your individual financial institution. Lenders that participate in the services provided by this website do not offer loans in every state. If you are from a state that the lenders do not service, you will not be connected to a lender. For details, questions, or concerns regarding your loan, please contact the lender directly.
Advertiser Disclosure. This Website provides its services to you free of charge but may receive payment from lenders and non-lenders for referring a lead to them. Your use of this Website’s services constitutes your agreement with this compensation arrangement. This Website does not endorse or recommend the services or products of any particular Network Partner. You should rely on your own judgment in deciding which available loan product, terms, lender and/or Network Partner most closely fits your needs and financial situation. We do not guarantee that the loan terms or rates offered and made available by lenders are the best terms or lowest rates available in the market.
Request for Other Products and Services. Lend5k may also allow you to request products or services other than loans that are advertised on this Website based on your interest. These non-loan related products or services may include debt consolidation or settlement, auto title loans, health insurance products, credit card products and/or any products or services that may be of interest to you. Lend5k will not transmit your information to these non-loan related products or services without first obtaining your express consent to do so and based on the qualifying questions you answer throughout your loan request form.
Not Professional Advice. Lend5k and the products and services it promotes are not a substitute for professional advice. We provide our Services solely for your convenience, and such Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Services available through this Website. The relationship between you and us is not a professional or similar relationship. We always recommend you seek the advice of a qualified professional with respect to any questions you may have, and to never disregard professional advice or delay in seeking it because of something you have read on this Website.
Data Sharing with Lenders, Providers, Non-Lending Financial Institutions, and Third Parties. When you voluntarily submit your loan request, you understand and agree that we will share the information provided in the loan request form with lenders, providers, non-lending financial institutions, and third parties (also referred to as “Network Partners”). Network Partners may keep the information provided in your loan request form, and other information provided to us or received by them in the processing of your loan request, or other products or services that may be of interest to you. Network Partners may retain this information, whether or not you qualify for or take a loan with them, and whether or not you are qualified for the goods or services offered. You agree to notify any particular Network Partner directly if you no longer want to receive communications from them. In addition, Lend5k and its Network Partners may share the information you provide to them with state licensing authorities and government regulators.
Consent to Receive Communications via E-mail, Telephone Calls and/or SMS Messaging. When you submit your information on our Website and consent to receive communications from us, please note that we may communicate you via postal mail, e-mail, telephone calls and/or SMS messaging where you have provided your express consent to be contacted through those forms of communication. You may receive these communications directly from us or our e-mail and SMS messaging service providers (hereafter “Marketing Service Providers”) on behalf of us. You agree to receive communications from us and our affiliates electronically and that all agreements, notices, disclosures and other communications (hereafter “Disclosures and Communications”) that we can provide to you electronically satisfy any legal requirement that such communications be in writing.
Network Partners may also be required by law to provide you with certain Disclosures and Communications. These Network Partners must obtain your consent in order to provide you with Disclosures and Communications electronically. By submitting a loan request on or through this Website, you affirmatively consent and agree to receive all Disclosures and Communications required by law electronically in accordance with the terms of our E-Consent.
Disclosures and Communications may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of Lend5k and its Network Partners. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Lend5k at firstname.lastname@example.org.
By submitting your loan request through this Website, you consent to be contacted by us, our Marketing Service Providers and/or each Network Partner that we transmit your information to, and their affiliates and service providers, by (i) telephone at the numbers you have provided whether landline or cellular, even if your phone number is on any federal, state, or local Do-Not-Call registry and you agree to receive pre-recorded calls and/or messages made with an automatic dialing system; (ii) by email at the email address you provided or at another address that may be associated with you that we receive from other parties and you agree that any such email will not be considered spam or unauthorized by any local, state, or federal law or regulations; and/or (iii) by SMS/text messaging to the mobile number that you provide, in which case data and message rates may apply. Consent is not required in order to purchase goods and services from Lend5k or the Network Partners that reach out to you. By submitting a loan request through this Website, you understand and agree that you have established a business relationship between you and Lend5k.
By submitting your information on our Website, you give us permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to you submission, including incomplete loan requests, the delivery of loan request offers, deadlines, quality of service or other matters in connection with your loan request or any other good or service. Additionally, by submitting your information on this Website, you may also choose to give your express consent to receive marketing and advertising material from Lend5k, our Network Partners, and third-party advertising partners with whom we may also share your information. Lend5k additionally partners with third-party email marketing providers with whom you may receive Lend5k marketing from if you have opted in to receiving such emails from the third-party.
If at any time you do not wish to continue to receive communications from Lend5k and its Marketing Service Providers, you may contact Lend5k to opt out (i) through this here, or (ii) by sending us an e-mail to email@example.com.
Copyrights and Trademark. All content within this Website, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, design, structure, arrangement, products and information (collectively, “Content”) of this Website are owned, controlled, and licensed by Lend5k and/or its licensors. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication
Foreign Users. Lend5k makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from outside the United States, please understand that this Website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Lend5k; (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of resident; (iii) under no circumstance shall Lend5k be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
Representations and Warranties. You represent and warrant to Lend5k that (i) you are at least 18 years of age; (ii) you are authorized to enter into this agreement; (iii) you will not use this Website or the Contents herein for any purpose or manner that violates any laws, regulation or that infringes the rights of us or any third party; (iv) any information or data you provide to us will not violate any law, regulation or infringe the rights of any third party; (v) all information that you provide to us in connection with this Website (e.g. name, e-mail address, phone number and/or other information) is true, correct and accurate; and (vi) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
Disclaimers and Liability. THIS WEBSITE DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE. LEND5K IS NOT RESPONSIBLE OR LIABLE FOR ANY NETWORK PARTNER’S ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH NETWORK PARTNER MAY PROVIDE, FOR ANY NETWORK PARTNER’S CONTACTING OR FAILURE THEREOF TO CONTACT YOU, FOR ANY NETWORK PARTNER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY NETWORK PARTNER.
YOU AGREE THAT LEND5K, ITS MARKETING SERVICE PROVIDERS, AND NETWORK PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LEND5K HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR AND WITHOUT LIMITATION, TOTAL LIABILITY OF LEND5K FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Idemnity. As a condition of use of this Website and/or Lend5k’s services, you agree to indemnify Lend5k and its Marketing Service Providers, and Network Partners from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms. You must not settle any such claim or matter without the prior written consent of Lend5k. The Lend5k parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claim.
Errors and Delays. You agree that Lend5k is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Links to Third Party Websites. This Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave this Website, you agree that we are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
Notice to Claim. For all disputes you may have, whether pursued in court or arbitration, you must first give Lend5k an opportunity to resolve the dispute by providing written notification to firstname.lastname@example.org and via postal mail to Lend5k, (i) your name, (ii) your address, (iii) a written description of your claim, and (iv) a description of the specific relief you seek. If Lend5k does not resolve the dispute within 30 days after it receives your notification, you may pursue your dispute as set forth above.
Release and Discharge. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE LEND5K, ITS MARKETING SERVICE PROVIDERS AND ITS NETWORK PARTNERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENT OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNKOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS WEBSITE.
Dispute Resolution and Binding Arbitration. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THIS WEBSITE, CONTENT OR SERVICE (“DISPUTE”), SHALL BE FINAL AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN LOS ANGELES, CALIFORNIA; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a privacy attorney general capacity. You also agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to this Website, Services or Content must be commenced within one year from the later of (i) when the dispute or cause of action accrues, or (ii) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
This Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and Lend5k and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter thereof. If a conflict between the language of these Terms and the language of any terms incorporated by reference, the latter incorporated terms shall control.
You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or enforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.
No Class Actions. To the extent allowed by law, you and Lend5k each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. You hereby understand that by agreeing to this class action waiver, you may only bring claims against Lend5k in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
DMCA Notice. Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if you believe that anything on this Website or service offered herein infringes any copyright that you own or control, you may file notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at Lend5k, email@example.com. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter, with your personal information redacted, may be forwarded to the Chilling Effects Clearinghouse for publication.
California Consumer Notice. Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, by telephone at (916) 445-1254 or (800) 952-5210, or by e-mail at firstname.lastname@example.org.
Miscellaneous. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at email@example.com.