Last updated: 26 May 2020
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SITE.
1 .Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following the posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
2. Site Access and Use of the Service. This Site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years, please do not visit or use the Site. This Site and its services are for personal use only. Using any of the content, services or information provided in this Site for commercial uses is prohibited. The Personalized Loan Offers services provided through this Site are limited to United States residents excluding the following states: California, Connecticut, Louisiana, Massachusetts, Maine, North Dakota, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Wisconsin & West Virginia. Use of our Personalized Loan Offers service from other jurisdictions is prohibited. During the period in which these Terms are in effect, we hereby grant you permission to visit and use the Site, provided that you comply with these Terms and applicable laws
3. Restrictions. You shall not: (i) copy, distribute display, mirror, frame or modify any part of the Site, Content or Marks (as described below) without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and
"spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
5. Sharing Your Information.The Site, through the Personalized Loan Offers service, allows you to submit an online request ("Request") to be matched with one or more of our third-party lending partners, platforms and service providers, who may in turn send you customized offers for personal loans (“Lenders”). The content and terms of each loan product offered through this Site are provided by each respective Lender. In order to offer you a pre-qualified rate, our Lenders require you to provide certain details such as certain financial records, and disclosures. If you decide to engage with one (or more) of our Lenders you will enter into a separate agreement with each.
IF YOU SUBMIT A REQUEST, LENDERS MAY CONTACT YOU DIRECTLY WITH QUOTES VIA ALL MEANS OF COMMUNICATION PROVIDED BY YOU: MAIL, EMAIL, TELEPHONE, TEXT MESSAGE, FAX, AND OTHERS (“COMMUNICATIONS”). YOU MAY RECEIVE TELEMARKETING CALLS AS A CONSEQUENCE OF SUBMITTING A REQUEST THROUGH OUR SERVICES, EVEN IF YOUR TELEPHONE NUMBER IS REGISTERED ON A STATE OR FEDERAL DO NOT CALL REGISTRY. THE COMMUNICATIONS ARE SUBJECT TO THE LENDERS’ RESPECTIVE TERMS AND ANY RIGHT YOU MAY WISH TO EXERCISE SHOULD BE ADDRESSED TO THE LENDERS.
By submitting a Request, you expressly consent to third parties conducting any research necessary to provide you with information about your Request. Third parties may need to share your information in order to conduct such research. For example, if you request a quote for a personal loan, credit reports or scores may be ordered from consumer reporting agencies in connection with your Request. Such reports provide details that may assist in determining eligibility for personal loan offers. If you refuse to allow third parties to conduct such research, you should not submit a Request.
6. Third-Party Sources and Content.
6.1. The Site enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). The Site may also enable you to communicate and interact with Third-Party Sources. "Third Party Source(s)" means: (i) third party websites and services; and (ii) our partners and customers.
6.3. We are not responsible for, and we expressly disclaim all warranties regarding the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
6.4. By using the Site you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
6.5. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against NI, and release NI from any and all liability arising from your use of and interaction with any Third Party Content and from your interaction with any Third Party Source. If you have any queries or complaints regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
7. Intellectual Property Rights.
7.1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, interactive features, and services (collectively, the "Materials") including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Materials; (ii) and User Submissions, as defined below (together with the Materials, the "Content"); and (iii) the trademarks, service marks and logos contained therein ("Marks"), are owned, controlled or licensed by or to NI and are protected by applicable copyright or other intellectual property laws and treaties. The Site, the Site logo, and other marks are Marks of NI or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
7.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever (including, without limitation, to create derivative works) without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
8. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
9. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of NI, its users or the public.
10.2. We permit you to link to the Site provided that: (i) you link to but do not replicate any page on the Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with NI or present any false information about NI and shall not imply in any way that we are endorsing any services or products unless we have given you our express prior consent to do so; (iv) you shall not link from a website that contains content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (v) you, and your website, comply with these Terms and applicable law.
12. We are Not a Lender. We, through this Site and our services, may help you connect with Lenders that might meet your needs based on information you provide. We are not a lending institution. We do not, and will not, take part in any coverage or credit decision made by any Lender referred to you.
13. YOUR FINANCIAL DECISIONS ARE YOUR RESPONSIBILITY. WE PROVIDE A PLATFORM THROUGH WHICH YOU CAN OBTAIN INFORMATION AND FIND LENDERS THAT MEET YOUR NEEDS BASED ON THE INFORMATION YOU PROVIDE. WE DO NOT ENDORSE OR CONTROL THE PRODUCTS OR SERVICES OF ANY LENDER AND ARE NOT AN AGENT OR ADVISOR TO YOU OR TO ANY LENDER. WE DO NOT VALIDATE OR INVESTIGATE THE LICENSING, CERTIFICATION OR OTHER REQUIREMENTS AND QUALIFICATIONS OF THE LENDERS. IT IS YOUR SOLE RESPONSIBILITY TO VET EACH LENDER YOU ARE ENGAGING WITH. YOU ACKNOWLEDGE AND AGREE THAT YOU RELY ON YOUR OWN JUDGMENT IN SELECTING ANY PRODUCTS OR SERVICES OFFERED BY THE LENDERS.
14. Warranty Disclaimers.
14.1. This section applies whether or not the services provided by the Site are paid for. Applicable law may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply.
14.2. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE TERMS, RATES, FEES, QUOTES OR SERVICES OFFERED OR MADE AVAILABLE BY LENDERS. WE DO NOT GUARANTEE THAT TERMS, RATES, FEES, QUOTES OR SERVICES OFFERED BY LENDERS ARE THE BEST AVAILABLE. WE DO NOT GUARANTEE RESOLUTION TO YOUR FINANCIAL SITUATION. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
14.3. OUR CONTENT AND SERVICES ARE INTENDED ONLY TO ASSIST YOU WITH FINANCIAL DECISIONS AND DOES NOT CONSIDER YOUR PERSONAL FINANCIAL SITUATION. YOUR PERSONAL FINANCIAL SITUATION IS UNIQUE, AND THE INFORMATION AND ADVICE MAY NOT BE APPROPRIATE FOR YOUR PERSONAL SITUATION. THEREFORE, BEFORE MAKING A FINANCIAL DECISION, WE URGE YOU TO OBTAIN ADDITIONAL INFORMATION AND ADVICE BY FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. NI DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
14.4. YOUR USE OF OR RELIANCE ON ANY OF THE SITE CONTENT, OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE SITE, IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE TO READ, UNDERSTAND AND COMPLY WITH THE LOAN TERMS AND CONDITIONS AND YOU HEREBY RELEASE US OF ANY AND ALL LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM OR RELATED TO YOUR USE OF A LENDER’S SERVICES, INCLUDING ANY FEES CHARGED BY A LENDER. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF OR ARISING FROM YOUR USE OF THE SITE, YOU AGREE THAT NI IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE.
14.6. WE ENDEAVOR TO OFFER YOU VALUABLE INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT ARE FEATURED / REVIEWED ON THE SITE. HOWEVER, IN ORDER TO PROVIDE YOU WITH THIS INFORMATION AT NO COST, WE MUST SEEK REVENUE OPPORTUNITIES THROUGH OTHER MEANS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO THOSE THIRD PARTIES THAT ARE FEATURED ON OUR SITE, AND WE RECEIVE FEES EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM.
15. Limitation of Liability.
15.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NI SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF NI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
15.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NI FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF US$100.
16. Indemnity. You agree to defend, indemnify and hold harmless NI and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
17. Term and Termination. These Terms are effective until terminated by NI or you. NI, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). NI shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 17 and Sections 5 (Sharing Your Information), 7 (Intellectual Property Rights), 11 (Privacy), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), and 19 (General) shall survive termination of these Terms.
18. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by NI without restriction or notification to you.
19. General. NI reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and NI shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that NI may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and NI concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.