Terms of Service & Privacy Policy
lendingcloud365.com
Last revised on April 15, 2019

lendingcloud365.com (“Lending Cloud 365”) respects the privacy of its users; therefore, Lending Cloud 365 has developed this Privacy Policy to demonstrate our commitment to protecting Your privacy. This Privacy Policy describes the information collected, how that information may be used, and with whom it may be shared. It is highly recommended that You read this Privacy Policy carefully when using the Lending Cloud 365 Website. By using the Website, You are accepting the practices described in this Privacy Policy. If You have any questions about our privacy practices, please refer to the contact information provided herein.

Information Lending Cloud 365 collect about You

In General. Lending Cloud 365 may collect personal information such as usage data, email address, first name, last name, phone number, address, username, password, city as well as other information that may be used to identify You. When You provide personal information through this Website, the information may be sent to servers at various locations within the United States and other countries.

Information You provide. Lending Cloud 365 may collect and store any personal information You enter on the Website or otherwise provide in some manner. This includes identifying information, such as Your name, address, email address, and telephone number(s).

Use of cookies and other technologies to collect information. Lending Cloud 365 uses various technologies to collect information.

Information collected automatically. Lending Cloud 365 automatically collects information from Your browser when You visit the Website. This information includes Your IP address, Your browser type and language, access times, the content of any undeleted cookies that Your browser previously accepted from Lending Cloud 365 and the referring website address.

Cookies and Use of Cookie Data. When You visit the Website, Lending Cloud 365 may assign Your computer one or more cookies, to facilitate access to the Website and to personalize Your online experience. Through the use of a cookie, Lending Cloud 365 also may automatically collect information about Your online activity on the Website, such as the web pages You visit, the time and date of Your visits, the links You click, and the searches You conduct on the Website. During Your visits to other websites where Lending Cloud 365 Lending Cloud 365 or our affiliates may use certain data collected on the Website to show You advertisements likely to be of greater interest to You.

Other Technologies. Lending Cloud 365 may use standard Internet technology, such as web beacons and other similar technologies, to track Your use of the Website. Lending Cloud 365 also may include web beacons in advertisements or email messages to determine whether messages have been opened and acted upon. The information Lending Cloud 365 obtain in this manner enables Lending Cloud 365to customize the services Lending Cloud 365 offers the Website visitors, to deliver targeted advertisements and to measure the overall effectiveness of online advertising, content, programming or other activities.

Information collected by third-parties. Lending Cloud 365 may allow third-parties, including lenders, authorized service providers, advertising companies and ad networks, to display advertisements on the Website. These companies may use tracking technologies to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness.

How Lending Cloud 365 use the information we collect

In General. Lending Cloud 365 may use information collected about You to:

deliver the products and services that You have requested;
manage Your account and provide You with customer support;
perform research and analysis about Your use of, or interest in, Lending Cloud 365’s products, services, or content, or products, services or content offered by others;
communicate with You by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to You;
develop and display content and advertising tailored to Your interests on the Website and other websites; and
enforce or exercise any rights in our terms and conditions.

Financial information. Financial information provided will only be used for purposes related to obtaining a loan and locating potential lenders.

Social Media. if You access the Website from a third-party social platform, such as Facebook, Lending Cloud 365 may share non-personal information with that social platform to the extent permitted by Your agreement with that social platform and its privacy settings.

With whom Lending Cloud 365 share Your information

Personal information. Lending Cloud 365 does not share Your personal information with others except as indicated below or when Lending Cloud 365 informs You and give You an opportunity to opt out of having Your personal information shared. Lending Cloud 365 may share personal information with:

Service providers: Lending Cloud 365 may share Your personal information, which may include Your name and contact information (including email address) with third parties that perform certain services such as lenders, customer service or any person and/or entity essential in providing services. These service providers may obtain access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

Business partners: When You make purchases on the Website or click-through our advertisements offered on third party websites, Lending Cloud 365 may share personal information with the businesses with which Lending Cloud 365 partners to offer You the applicable products, services or advertisements. When You elect to engage in a particular merchant’s offer or program, You authorize Lending Cloud 365 to provide Your email address and other information to that merchant.

Other Situations. Lending Cloud 365 may also disclose Your information, including personal information:

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, Lending Cloud 365 may raise or waive any legal objection or right available.

When Lending Cloud 365 believes disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Lending Cloud 365, its employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Website terms and conditions or other agreements or policies.

In connection with a substantial corporate transaction, such as the sale of Lending Cloud 365, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Aggregated and non-personal information. Lending Cloud 365 may share non-personal information collected under any of the above circumstances. Lending Cloud 365 may also share it with third parties to develop and deliver targeted advertising on the Website and on websites of third parties, and to analyze and report on advertising You see. Lending Cloud 365 may combine non-personal information collected with additional non-personal information collected from other sources. Lending Cloud 365 may also share aggregated, non-personal information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes.

How Lending Cloud 365 protect Your personal information. Lending Cloud 365 take appropriate security measures (including physical, electronic and procedural measures) to help safeguard Your personal information from unauthorized access and disclosure. Lending Cloud 365 wants You to feel confident and safe when using the Website. However, no system can be completely secure. Therefore, although steps are taken to secure Your information, Lending Cloud 365 cannot promise, and You should not expect, that Your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website for information about how to protect Yourself against identity theft.

Children’s privacy. Although the Website is a general audience site, Lending Cloud 365 restricts the use of the Website to individuals age 18 and above. Lending Cloud 365 does not knowingly collect any personal information from minors.

Visiting the Websites from outside the United States. If You are visiting the Website from outside the United States, please be aware that Your information may be transferred to, stored, and processed in the United States where Lending Cloud 365’s servers are located, and its central database is operated. By using the Website, You understand that Your information may be transferred to our facilities and those third parties with whom Lending Cloud 365 shares it as described in this privacy policy.

No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.

Changes to this Privacy Policy. Lending Cloud 365 will occasionally update this Privacy Policy. When Lending Cloud 365 posts changes to this Privacy Policy, the “last updated” date at the top of this Privacy Policy will be revised. Lending Cloud 365 recommends that You check the Website from time to time so as to be informed of any changes.
California Privacy Rights. Lending Cloud 365 does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when You visit the Website.

If You are a California resident, California Civil Code Section 1798.83 permits You to request certain information regarding Lending Cloud 365’s disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact Lending Cloud 365 by sending an e-mail to info@lendingcloud365.com.

Under California law, California residents who have an established business relationship with Lending Cloud 365 may opt-out of having their personal information disclosed to third parties for their marketing purposes.

How to contact Lending Cloud 365. If You have any questions about this Privacy Policy or our information-handling practices, or if You would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact Lending Cloud 365 by email or postal mail as follows:

14200 Ironwood Dr. NW
Grand Rapids, MI 49534
info@lendingcloud365.com
800-452-2406

TERMS OF USE

Welcome to lendingcloud365.com. Lending Cloud 365 requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement”).
By accessing, browsing or using this website, or any page thereof or services offered, (collectively, “Website”) through any direct or indirect means, you accept and agree to be bound by these Terms of Use and Lending Cloud 365’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. Together, the Terms of Use and Privacy Policy constitute a legally binding Agreement by and between you and Lending Cloud 365 concerning your use of the Website. For purposes of this Agreement the terms “You” or “Your” means the person(s) using the Website. If You do not agree to these Terms of Use and the Privacy Policy, you are not authorized to access or use the Website and You are to cease accessing or otherwise using the Website.

NOT A LENDER:

Lending Cloud 365 is NOT A LENDER, and does not make loans or credit decisions, nor do we broker loans. Lending Cloud 365 does not endorse or recommend the products of any particular lender. Lending Cloud 365 is not an agent, representative or broker of either You or any lender and/or lending institution. Lending Cloud 365’s services are strictly administrative. This Website does not constitute an offer and the completion of any form, loan request and/or any other document associated with this Website in no way guarantees that you will obtain a loan. Any loan inquiry submitted is NOT an application for credit, but rather, it is a request to be matched with lenders so as to receive loan offers from lenders

RELATIONSHIP AND OBLIGATION REGARDING LENDERS:

Please be advised that amounts and transfer times may vary between lenders and that the amount loaned and/or the time in which such amounts are transferred are not within the control of Lending Cloud 365. You acknowledge and agree that any agreement, promissory note, bond and/or any type of contract (“Contract”) to loan and/or borrow is entered into directly between You and the lender. You expressly acknowledged that Lending Cloud 365 is not a party to any Contract between You and any lender and that Lending Cloud 365, was not, is not and will not, be involved in any negotiations or any other such dealings that may relate to any Contract between You and the lender. You acknowledge and agree that any and all rights, obligations, enforcement and performance of any Contract between You and the lender are the sole responsibilities of You and the lender.

ELIGIBILITY:

The services provided herein are not made available to the residents of Arkansas, Arizona, Georgia, Oregon, Virginia, West Virginia, Connecticut, District of Columbia, Maryland, New York, New Jersey, North Carolina, Pennsylvania, Massachusetts, Vermont, New Mexico and Ohio. BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A RESIDENT OF THE UNITED STATES (BUT NOT A RESIDENT OF ANY STATE IN WHICH PAYDAY LOANS ARE PROHIBITED BY LAW) AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.

LICENSE:

Subject to Your compliance with the most recent Terms of Use made available on the Website, Lending Cloud 365 grants to You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website for Your personal and non-commercial use. You expressly acknowledge and agree that the Website and/or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed. Except as expressly set forth herein, the Terms of Use does not and shall not grant any rights in or to the intellectual property of Lending Cloud 365. In the event that You breach any provision of the Terms of Use, Your rights under this section will immediately terminate.

CONSENT TO COMMUNICATION:

By entering Your personal information into this Website or by completing a loan request through this Website, You acknowledge that You are expressly granting Your consent to receive three or more communications weekly regarding offers and/or products that Lending Cloud 365, its affiliates, and third party lenders reasonably believe may be of interest to You and authorize Lending Cloud 365, its affiliates, lead purchasers, and third party lenders to contact You by phone, text and email (even if Your telephone number is listed on any internal, state or federal Do-Not-Call registry list ) and acknowledge that this communication may be delivered by use of an automated telephone dialer or other automated telephone dialing system and may contain an artificial or prerecorded message. You may opt out of receiving such communications at any time by texting “STOP” to “365365”. Consent to such communication is not a condition of purchase.

THIRD-PARTY WEBSITES:

The Website may be linked with the websites of third parties (“Third-Party Websites”) Lending Cloud 365 does not have control over the content and performance of Third-Party Websites. Lending Cloud 365 hereby states that, LENDING CLOUD 365 HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, THE MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, LENDING CLOUD 365 DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. LENDING CLOUD 365 DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, TO YOU AND/OR ANY THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

REPRESENTATIONS AND WARRANTIES:

You represent and warrant that (i) You are at least 18 years of age; (ii) You are authorized to enter into this legally binding agreement; (iii) You will not use this Website for any purpose or manner that violates any laws and/or regulations, or that infringes the rights of Lending Cloud 365 or any third party; (iv) that all information that You provide in connection with this Website (e.g. name, e-mail address, phone number, social security number, and/or other information) is true and accurate and will not violate any laws, regulations or infringe the rights of Lending Cloud 365 or any third party; and (v) You are authorized and able to fulfill and perform the obligations and meet the conditions specified herein.

WARRANTY DISCLAIMERS:

LENDING CLOUD 365 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. LIKEWISE, LENDING CLOUD 365 DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR OFFERED LOANS, THE ABILITY OF LENDERS TO DELIVER LOANS, YOUR ABILITY TO REPAY LOANS, OR THAT YOU OR LENDER WILL ENTER INTO A BORROWER-LENDER RELATIONSHIP.

MODIFICATIONS:

Lending Cloud 365 reserves the right at any time to modify, alter and/or discontinue, whether temporarily or permanently, the Website, or any part thereof, with or without prior notice. Lending Cloud 365 shall not be held liable to You or any third party for any such alternation, modification, suspension and/or discontinuance of the Website, or any part thereof.

PROHIBITED USES:

We impose certain restrictions on the use of the Website. You represent and warrant that You will not:

(a) violate or attempt to violate any security features of the Website or Services;

(b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, “Content”);

(c) distribute, display, modify, transmit, resell, reuse, or repost Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written consent of Lending Cloud 365;

(d) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;

(e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;

(f) access content or data not intended for You, or log onto a server or account that You are not authorized to access;

(g) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;

(h) interfere or attempt to interfere with the use of the Website by any other person, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” or

(i) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by this Website.

Any violation of this section may subject you to civil and/or criminal liability.

LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL LENDING CLOUD 365, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS ($50.00 USD). YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AND ACKNOWLEDGE THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

INDEMNIFICATION:

As a condition of use of the Website and without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless Lending Cloud 365 its officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and attorneys’ fees, arising out of or resulting from Your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by You of this Agreement. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

GOVERNING LAW:

The Website and these Terms of Use will be construed, enforced and governed in accordance with the laws of the State of Michigan, without regard to any conflict of law principles. The state or federal courts in Kent County, Michigan will have exclusive jurisdiction and venue over all controversies in connection with this agreement, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You may have against Lending Cloud 365 must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to the Website and/or these Terms of Use and that each party has the right to seek attorneys’ fees in any proceeding.

NOTICES:

All notices required or permitted to be given under this Agreement must be in writing. Lending Cloud 365 shall give any notice to You by email sent to Your most recent email address, if any, which was provided by You. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY US OF AN EMAIL TO THAT ADDRESS. You shall give any notice to us by means of email to info@lendingcloud365.com Notice to us shall be effective upon receipt.

SEVERABILITY:

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that provision of these Terms of Use that is adjudged to be unlawful, void or unenforceable shall be limited or eliminated from these Terms of Use. All remaining provisions shall remain in full force and effect.

MISCELLANEOUS:

The headings contained herein are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.

ENTIRE AGREEMENT:

these Terms of Use and Lending Cloud 365’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Lending Cloud 365 with respect to subject matter herein, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

We’re real people here to help. To join the thousands who have already received offers, send us your information, email us a question, or call us.

14200 Ironwood Dr. NW
Grand Rapids, MI 49534
Call us: 1-800-452-2406
Terms of Service & Privacy Policy Terms & Conditions
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