TERMS OF USE

This document was last updated on October 4, 2016

This website is owned and operated by LendingArch Financial Inc. ("LendingArch"). Access and use of this website is provided by LendingArch to you on condition that you accept these Terms of Use. By accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.

LendingArch may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

Jurisdiction and Age

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this website (or any of its related services). Your profile may be deleted and these Terms of Use may be terminated without warning, if we believe that you are under age or your use of this website (or any of its related services) is not allowed.

LendingArch provides credit services in Canada, however it does not currently provide such services in Quebec, Saskatchewan, New Brunswick, Newfoundland, Manitoba, PEI or Nova Scotia at this time.

Privacy

LendingArch is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this website (or any of its related services). Please see our Privacy Policy for further details.

You acknowledge and agree that access to and use of this website (and any of its related services) is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world as a result.

User Accounts

When you are required to open an account to use elements of this website (or any of its related services), you must complete the registration process by providing complete and accurate information requested on the registration form. You will be asked to provide a username and password.

Where we offer you the ability to choose your own username(s) in connection with this website (or any of its related services), we will use reasonable efforts to assign such name(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any name that (i) has already been assigned, or (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the rights of another. Where we reject a requested name, we may, in our sole discretion, assign an alternate name, ask you to select another name or terminate this agreement.

You agree that you are entirely responsible for maintaining the confidentiality of your username and password and that LendingArch and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password.

You may not use the account, username, or password of anyone else at any time, unless you are authorized to do so by such other user and LendingArch. You agree to notify LendingArch immediately on any unauthorized use, theft or misappropriation of your account, username, or password. LendingArch shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

You acknowledge and agree that you shall be responsible for each and every access, use or employment of this website (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that LendingArch is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed of this website (or any of its related services).

Security of Website

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of LendingArch’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. LendingArch may, without notice, temporarily suspend your, or any other party's, access to this website (and any of its related services), (including, without limitation, any specific areas hosted within this website) by deactivating any password(s) or links to the Internet if LendingArch reasonably suspects that you, or any other parties, are obtaining unauthorized access to LendingArch’s other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as LendingArch may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

Lending Agreements

If you apply for a loan or other credit service using our Website, you will be asked to consent to LendingArch using the personal information that you provide to confirm your financial situation and your initial and ongoing eligibility for our credit services. This may include LendingArch, or its agents, obtaining your credit score or report from a credit reporting agency.

As part of our lending process, you will be required to agree to the terms contained in LendingArch's form of loan agreement, which agreement will govern your application, and if approved, loan with us. You will be provided an opportunity to review and agree to the terms of LendingArch's form of loan agreement, as part of the lending process.

Intellectual Property

All materials (including the organization and presentation of such material) on this website (the "Materials") are the property of LendingArch and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

The Materials may only be used and copied for your own non-commercial, personal purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with LendingArch, any other use of these Materials without LendingArch's written permission is prohibited.

Currency of website

LendingArch updates the information on this website periodically. However, LendingArch cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. LendingArch may revise, supplement or delete information, services and/or the resources contained in this website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked websites

This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that LendingArch monitors or endorses these websites. LendingArch does not accept any responsibility for such websites. LendingArch shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. LendingArch shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. LendingArch recommends that you install appropriate anti-virus or other protective software.

Website and Materials Provided "As Is"

THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS", "WHEN AVAILABLE", 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, OR FITNESS FOR A PARTICULAR PURPOSE. LENDINGARCH DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL LENDINGARCH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, LENDINGARCH’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold LendingArch harmless against all claims or liability asserted against LendingArch arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Email

Feel free to email LendingArch's general inquiry email wecare@lendingarch.com. However, the Internet is not a secure medium and any such communication may be lost, intercepted or altered. LendingArch is not liable for any damages related to communications to or from this email address. You agree with respect to any information provided by you to us through this e-mail address that:

  • LendingArch has no obligation concerning such information; 
  • the information is non-confidential; 
  • LendingArch may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This website is controlled, operated and administered by LendingArch from within the Province of Alberta, Canada. This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.

General

LendingArch’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.