This document was last updated on July 13, 2021.
You may not interfere with the security of, or otherwise abuse the Website or any system resources, services, or networks connected to or accessible through the Website. You may only use the Website for lawful purposes.
Jurisdiction and Age
If you would like to use our services in connection with applying for a loan or other credit service using our Website, you will be asked to consent to our collecting, using, and disclosing the personal information that you provide for the purposes of enabling us to provide such services to you.
You acknowledge and agree that access to and use of the 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.
Consent, Communication, Services Paid & Financial Products and Services
Unless you advise us otherwise, we and our third-party business affiliates may occasionally offer you related products, services, and pre-qualifications for other related or non-related credit or financial products and services. You acknowledge that: (i) all communications to you from LendingArch and its third-party business affiliates may be done via SMS, telephone, email, and postal mail; and (ii) LendingArch and our third-party business affiliates may receive a referral fee for providing you with or referring you to a loan or other credit product or service.
When you are required to open an account to use elements of the 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 the 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 elect not to proceed further.
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 the unauthorized use of your login credentials or 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 us. You agree to notify us immediately on any unauthorized use, theft or misappropriation of your account, username, or password. We 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 the 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 the Website (or any of its related services).
Restrictions on Use of the Website
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
Additionally, you agree not to:
User Feedback; Third-Party Social Media Postings
By submitting any ideas or suggestions to us (through our Website, social media sites, or other digital platforms, or through Google, or other review sites, or other means) related to improvements to the Website or Services (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you,. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback.
Cooperation with Law Enforcement and Government Agencies; Required Disclosures
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement, and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
You understand and agree that we may disclose your personal information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
Security of Website
All materials (including the organization and presentation of such material) on the Website (the “Materials“) are the property of LendingArch and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, 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 us, any other use of these Materials without our written permission is prohibited.
Currency of website
We update the information on the Website periodically. However, LendingArch cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Website. LendingArch may revise, supplement or delete information, services, and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
The Website may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that we monitor or endorse these websites. We do not accept any responsibility for such websites. We 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.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. We 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 the Website or your downloading of any of the Materials from the Website. We recommend that you install appropriate anti-virus or other protective software.
Website and Materials Provided “As Is”
THE 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, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LENDINGARCH DOES NOT REPRESENT OR WARRANT THAT THE 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 THE WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
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.
Should you choose to email us, kindly note that the Internet is not a secure medium and any such communication may be lost, intercepted, or altered. We are not liable for any damages related to communications to or from us. You agree with respect to any information provided by you to us that:
The Website is controlled, operated, and administered by LendingArch from within Canada. The 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 Canada, by accessing the Website, you acknowledge and agree that all matters relating to access to or use of the 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).
Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise, such claim or action is permanently barred.
MANDATORY BINDING ARBITRATION
Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question, or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Website or our services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Calgary, Canada, in accordance with the Commercial Rules (“Rules”) of the International Arbitration Association (the “IAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the IAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the IAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by applicable law, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the IAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the IAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate
You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), or (b) your violation of our intellectual property rights.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Waiver of Jury Trial
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your personal information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your personal information on a confidential basis and subject to the use restrictions in these Terms.
By creating a user account or giving us any contact or other information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS, and by telephone) from us and/or by posting the communications on the Website (e.g., by posting notices on your account profile page) concerning information and/or our services (collectively, “Communications”). For users with an account, Communications may be those that we are required to send to you by law (e.g., data security incident notifications) concerning us, your account or information, the Website, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt-out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name, and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
Feel free to contact us at: [email protected]; or at 4500 Bankers Hall East, 855 2 Street SW, Calgary, AB T2P 4K7.