3. Prohibited. You agree not to:
4. Intellectual Property and User Content. The Loan Compass Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to Loan Compass, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact at [email protected]. You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Loan Compass has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Loan Compass or others.
5. Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Loan Compass from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Loan Compass reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
7. Disclaimers of Warranties. The Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Loan Compass seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies.
8. Limitation of Liability. In no event will Loan Compass be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Loan Compass has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
9. Governing. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to Section 12, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Loan Compass agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within County of Sussex, Delaware, for the purpose of litigating all such disputes.
10. Dispute Resolution by Binding Arbitration. In the interest of resolving disputes between you and Loan Compass in the most expedient and cost effective manner, you and Loan Compass agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the Loan Compass account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Loan Compass.
11. Modification of the Services. Loan Compass reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Loan Compass will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
14. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
15. Contact Information. The Services are offered by Loan Compass, LLC and its affiliates, located at 321 W. 110th Street, 8D, New York, NY 10026. You may contact Loan Compass by sending correspondence to that address or emailing [email protected].
At Loan Compass, we appreciate your use of and contributions to our websites, our mobile and desktop applications (collectively known as the “Services,” or, each individually, a “Service”). Loan Compass respects your privacy and is committed to protecting your personal information.
1. Information Collected by Loan Compass.
When you use the Services, we collect a variety of information from and about you, your devices, and your interaction with the Services. Some of this information identifies you directly or can be used to identify you when combined with other data.
The pages on the Services may also include web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to determine users’ interactions with emails we send, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Services where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.
2. How Loan Compass Uses Your Information
Loan Compass generally uses the information collected about you to provide and improve the Services, including to:
Email Management. You may receive email from Loan Compass for a variety of reasons – for example, if you took an action through the Services or you signed up for a regular report. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.
3. When Loan Compass Shares and Discloses Your Information
Your privacy is important and we are committed to protecting your information that identifies you personally. We will only share personal information that you provide outside the public areas of the Services in the following circumstances:
Loan Compass may also share aggregated or de-identified information that cannot reasonably be used to identify you.
4. Interest-Based Advertising
In addition, if you have provided your email address to us, we may use a scrambled, unreadable form (a hash) of your email address to deliver tailored advertisements to you on the Services or on other websites, including via Facebook’s Custom Audience Feature or other similar tools. Click here to learn about how you can control the ads you see on Facebook.
You may opt-out of cookie tracking and analysis as described in the section 5 below. The Services do not otherwise respond to ‘do not track’ signals.
5. Opting Out of Collection of Information by Third Parties
6. Third-Party Links and Websites
7. Security and Retention of Information
Loan Compass takes reasonable steps to protect the information users share with us from unauthorized use, access, and disclosure, both during transmission and at rest. However, no transmission of information via the Internet nor electronic storage solution can be entirely secure, so please be aware that we cannot guarantee absolute security.
You can access, update, and delete personal information you provide to Loan Compass in your account profile by logging into your account on the relevant Loan Compass Service. We may maintain a copy of the original version of your information in our records.
8. Transfer of Information to the United States
Loan Compass is based in the United States and you acknowledge that the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the United States, where you may not have the same rights and protections as you do under local law.
9. Government and Private Party Information Requests
Loan Compass may receive various forms of legal process from government agencies and private parties requesting information about Loan Compass users. Before we produce information, we will attempt to notify affected users and give them an opportunity to object unless notification is prohibited by law or if we believe that notification would create a risk of harm or be otherwise counterproductive.
10. Contacting Loan Compass