LoanBuddy LLC and LoanBuddy Consumer LLC (“LoanBuddy”) require that you carefully read and agree to the following Terms of Service (“Terms”) before using the LoanBuddy website or any LoanBuddy services. This agreement is subject to change by LoanBuddy at any time. By accessing, browsing, or using Loanbuddy’s website (“Site”) or using any of LoanBuddy’s software or application services, you indicate your acknowledgment and acceptance of these Terms. Please read them carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.
LoanBuddy reserves the right to discontinue, temporarily or permanently, at any time any aspect of or any service with or without notice to you. LoanBuddy likewise may change the Terms from time to time with or without notice to you. Your continued access or use of the Site after any modifications indicate your acceptance of any changed or modified Terms.
This website is intended for individuals who are at least 18 years of age or older and who reside in the United States or territories thereof. You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Site in accordance with these Terms.
LoanBuddy LLC is a limited liability corporation specializing in services directed to financial advisors. LoanBuddy Consumer LLC is a limited liability corporation specializing in services directed to non-advisors.
1. Prohibited Uses
In accepting these Terms you agree to not use this website or any of its associated services in connection with the following prohibited uses:
- Violations of Law: You are prohibited from using LoanBuddy’s website or services in or in connection with criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements. You agree to be solely responsible for your actions and the contents of your transmissions through the Site.
- Security Violations: You are prohibited from attempting or carrying out any activities that may harm the security of LoanBuddy’s websites or services. Any attempts may also result in criminal or civil liabilities to you. Such violations include but are not limited to:
- logging into an account you don’t own;
- sharing your account log-in information with anyone else aside from you;
- impersonating another user to use their account;
- accessing data or taking any action to obtain services not intended for you;
- probing, scanning, or testing the vulnerability of the website or its infrastructure;
- tampering, hacking, modifying, or any attempt to breach security or authentication measures;
- transmitting material or electronic correspondence that contains viruses, Trojan horses, worms, or any other devices that intend to (or actually) damage or disrupt the website or its infrastructure;
- interfering with, or intercepting, any service or data relating to the LoanBuddy website or services;
- selling or giving access to your account to someone else;
- utilizing any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein or to interfere or attempt to interfere with the proper working of the Site.
- Threats or Threatening behavior: You are prohibited from threatening or using LoanBuddy website or services to harass or threaten others. This includes obtaining loan information of others through LoanBuddy for the sole purpose of bothering others.
- Spam: You are prohibited from using this website in any way to perpetuate spam.
- Miscellaneous Prohibitions: You also agree that you will not use LoanBuddy’s services or website to (a) post of upload content meant to solicit (b) infringe the intellectual property rights of others (c) falsify, delete or mutilate author attributions or proprietary legal notices, (d) harvest, collect, accumulate or otherwise gather information about others. Such information includes but is not limited to email addresses or personally identifying information.
LoanBuddy reserves the right to determine in its sole discretion, whether a user has used the LoanBuddy site or services in an impermissible way. We also reserve the right to terminate access to the LoanBuddy site or services for any user we determine is using the site in a way we deem unfit. LoanBuddy may or may not notify you before taking such action against you.
2. Passwords and Security Measures
Access to areas of LoanBuddy’s website and use of services may at times require the creation of an account and/or password. Any registration information given in connection with the creation of such accounts must be accurate. You acknowledge you must pick a strong password and take reasonable measures to prevent security breaches. You also acknowledge that a hack to your account may have an adverse effect on other users as well as the entire website and that you, not LoanBuddy, may be held responsible for the resulting harm. You further agree and acknowledge that you shall have no ownership or property interest in your account or username and that they shall forever be owned by LoanBuddy.
3. Intellectual Property
Nothing in this agreement shall be construed as granting by license, implication, estoppel or otherwise, any title, permission or right to use any service mark or trademark owned or used by LoanBuddy on their website or anywhere. You agree that the contents of the Site may not be duplicated, copied, displayed, recast or reproduced, reused or otherwise exploited in any way. You expressly acknowledge that the entire content of the Site, including text, logos, graphics, layout, design, “look and feel”, software, html-based programs, and other materials are protected under state, federal and foreign laws for copyright, patent, trademark, trade-dress, unfair competition, and other claims.
4. Links and Third-Party Information
This website may link to, or link from, third party websites that are not maintained or affiliated with LoanBuddy. LoanBuddy does not endorse, guarantee or make any representations or warranties with regard to any other website or content posted therefrom. While we try to keep both LoanBuddy and the third-party-provided information current and accurate, we cannot guarantee and expressly do not warrant that any content, functions, information and tools are error-free. By linking to these sites, LoanBuddy does not represent or imply that there is any business relationship between the two entities. LoanBuddy is not responsible for the content and performance of these sites or for your transactions with them.
5. Electronic Communication
LoanBuddy and its affiliates often deliver information electronically. By accepting this agreement, you agree to receive all current and future notices, communications of information, and disclosures electronically. This also means you agree that LoanBuddy may communicate with you or your company directly through electronic communications.
6. Consent to Data Use
LoanBuddy may share information you provide through LoanBuddy websites and software with various third parties. By using this site or any LoanBuddy services, you consent to having such date shared with third parties. Specifically, LoanBuddy may require you upload information obtained from the National Student Loan Data System to LoanBuddy. This information may be shared with financial advisors and other third parties.
7. Electronic Communication
When you initially visit our site, you will be presented with a cookie-pop up box that allows cookie preferences to be set. Certain features of this website may depend on cookies. If you choose to block cookies, you may not be able to sign in or use those features and any of your preferences that are dependent on cookies may be lost.
8. Governing Law
You agree that your use of this website and disputes relating thereto shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement will be resolved in the state or federal courts of the central district of California.
9. Disclaimer & Indemnity
You agree to be solely responsible for your actions and the contents of your transmissions through the Site, namely:
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ANY MATERIALS OR INFORMATION PROVIDED IS AT YOUR SOLE RISK ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOANBUDDY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LOANBUDDY MAKES NO WARRANTY ON ITS SERVICE. LOANBUDDY MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. LOANBUDDY MAKES NO WARRANTY ITS SITE OR SERVICE WILL MEET YOUR SATISFACTION, EXPECTATIONS, OR REQUITREMENTS. LOANBUDDY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LOANBUDDY MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. LOANBUDDY ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE SERVICE.
You agree to indemnify, defend, and hold harmless LoanBuddy, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to use of the Site by you or any other person accessing the Site using your user name and password. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose otherwise you shall be forever barred. If you misuse LoanBuddy’s site or services, you also agree to indemnify LoanBuddy for claims and damages incurred to LoanBuddy and/or third parties. You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site including, but not limited to any claim of libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any Third Party rights, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with websites or any related content, including any links from your website as well as any liability associated with any viruses which may infect your computer equipment. You are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to LoanBuddy.
Direct all questions regarding these Terms to LoanBuddy’s email address in the Contact section of the Site.