Terms of Use
netLoan Funding, LLC
60 Cutter Mill Road
Suite 612
Great Neck, NY 11021
   
Welcome to netLoan Funding
   
  BY ACCESSING, VIEWING, OR USING ANY MATERIAL OR CONTENT ON THE nETLOAN FUNDING WEBSITE OR USING THE nETLOAN FUNDING SERVICE, YOU ACKNOWLEDGE YOUR AGREEMENT TO THE FOLLOWING TERMS OF USE. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. IF ANY OF THE FOLLOWING TERMS  ARE UNACCEPTABLE TO YOU, THEN YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE AND SHOULD EXIT  IMMEDIATELY.
   
  Please note that these Terms OF Use may be revised or amended at any time and such revisions or amendments will be effective upon posting. You are therefore advised to regularly check these Terms of Use as well as our Data Security and Privacy Policy for  updates.
   
  The term “you” or “your” used throughout these Terms of Use (sometimes referred to as our “Agreement”) refers to individual persons (and in the case of individual persons acting on behalf of any business entity, such business entity that they are acting on behalf of), who access, view or use the netLoan Funding website. The term “netLoan Funding” as used throughout these Terms of Use and this website refers to netLoan Funding, LLC
   
  As a condition to using this website you represent and warrant that (1) You are at least 18 years of age and possess the legal authority to enter into an agreement and to use this website in accordance with these Terms and Conditions; (2) All information provided by you is true and accurate; (3) You will not collect information about users of this website, or modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, perform, link, display or in any way exploit this website and its content; (4) You will not use any information obtained from this website to send any other person unsolicited messages by electronic, telephonic, postal or other means; (5) Your use of this website is subject to and will comply with all applicable federal, state and local laws and regulations; and (6) You will not engage in any conduct that may result in the distribution, downloading, encryption, placement, mailing, or use of any virus, Trojan horse, worm, time bomb, cancelbot or other computer programming routine that has the effect of causing damage to the netLoan Funding website or any site linked thereto, or that detrimentally interferes with, surreptitiously intercepts or expropriates any system, data or personal information.
   
Services Provided by netLoan Funding
   
  netLoan Funding’s mission is to  help customers obtain funding for the purchase of a variety of items including   cars, motorcycles, commercial vehicles ( trucks, limousines, trailers, buses, etc.) boats and other watercraft, recreational vehicles,  aircraft,  ATV’s, and snowmobiles. netLoan assists customers by matching their general credit profile and funding needs to available loan and lease products in the on-line marketplace (“the netLoan Service”). netLoan’s unique approach of assembling multiple internet savvy lenders (“Participating Lenders”) and loan products on one dynamic platform, allows customers of all credit types to find the funding they need, to purchase whatever they want.
   
  netLoan Funding is not a lender, consultant, advisor or fiduciary and does not make loans or credit decisions, pull credit reports, fund transactions, establish rates, or offer financial advise. Nothing contained on the netLoan Funding website shall be construed as an offer or solicitation for the purchase of any loan or lease product, or as a guarantee that a lease or loan product will be provided to you by a Participating Lender.
   
  Participating Lenders will be solely responsible for making credit decisions, establishing rates, pulling credit reports, approving all applications and related documentation, providing customer service relating to your application and/or financing, and funding all transactions.
   
  netLoan Funding does not charge you for the services provided on the netLoan Funding Site, but instead receives its compensation from Participating Lenders for the marketing services provided by netLoan Funding to each Participating Lender.
   
Links To Other Websites and Participating Lenders
   
  netLoan Funding provides links to other internet websites, including websites operated by Participating Lenders that provide personal loans, secured loans, home equity loans and/or other forms of financing and credit. These links are provided solely for your convenience and information
   
  NETLOAN FUNDING DOES NOT EXERCISE ANY CONTROL OVER OR RESPONSIBILITY FOR THE CONTENT, SERVICES OR PRODUCTS PROVIDED ON SUCH LINKED WEBSITES OR BY PARTICIPATING LENDERS. IF YOU VISIT ANOTHER WEBSITE OR PARTICIPATING LENDER LINKED TO NETLOAN FUNDING YOU DO SO AT YOUR OWN RISK AND SUBJECT TO THE TERMS OF USE, PRIVACY AND SECURITY POLICIES POSTED BY THAT PARTICIPATING LENDER OR WEBSITE. USERS OF THE NETLOAN FUNDING WEBSITE OR SERVICE ARE ADVISED TO READ CAREFULLY THE USER AGREEMENTS, TERMS AND CONDITIONS, AND PRIVACY AND SECURITY POLICIES POSTED BY PARTICIPATING LENDERS OR ANY OTHER WEBSITE LINKED TO THE NETLOAN FUNDING WEBSITE BEFORE USING SUCH WEBSITE(S) OR APPLYING FOR FINANCING.
   
Your Agreements With Participating Lenders
   
  NETLOAN FUNDING IS NOT A PARTY TO ANY AGREEMENT YOU MAY ENTER INTO WITH A PARTICIPATING LENDER AND PARTICIPATING LENDERS ARE SOLELY RESPONSIBLE FOR ANY PRODUCTS OR SERVICES THEY OFFER. NETLOAN FUNDING IS NOT ACTING AS YOUR AGENT OR BROKER AND IS NOT RECOMMENDING ANY PARTICIPATING LENDER OR PRODUCT TO YOU. NETLOAN FUNDING SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY KIND THAT YOU MAY INCUR ARISING OUT OF OR RELATING TO YOUR APPLICATION FOR FINANCING OR CREDIT, ANY AGREEMENT YOU ENTER WITH A PARTICIPATING LENDER, OR THE USE OF THE PARTICIPATING LENDER’S WEBSITE OR SERVICE.
   
Lending Restrictions
   
  Participating Lenders may not be able to offer financing in every geographic area or for every applicant and may have other restrictions on the offering of their services or products. You are advised to consult with Participating Lenders and their respective websites to determine what terms, conditions and restrictions may apply to you. The information and descriptions of financial products contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services provided by Participating Lenders, but are provided solely for your general information.
   
Disclaimer of Warranties
   
  THE FACT THAT NETLOAN FUNDING PROVIDES A LINK TO ANOTHER WEBSITE DOES NOT MEAN THAT NETLOAN ENDORSES OR SPONSORS SUCH WEB SITES OR ANY PRODUCTS OR SERVICES OFFERED ON SUCH WEBSITES OR BY PARTICIPATING LENDERS. NETLOAN FUNDING DOES NOT GUARANTEE THAT THE TERMS OR RATES MADE AVAILABLE BY PARTICIPATING LENDERS ARE THE BEST TERMS OR LOWEST RATES IN THE MARKET AND EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE SERVICES OR FINANCIAL PRODUCTS OFFERED BY PARTICIPATING LENDERS. SUBMISSION OF AN APPLICATION TO A PARTICIPATING LENDER DOES NOT GUARANTEE THAT YOU WILL BE APPROVED FOR CREDIT OR FINANCING BY THAT PARTICIPATING LENDER. NOTHING ON THIS WEBSITE SHALL SUPERSEDE THE TERMS AND CONDITIONS OF A FINAL FINANCING AGREEMENT ENTERED INTO WITH A PARTICIPATING LENDER. THE INFORMATION POSTED ON THIS WEBSITE IS OF A GENERAL NATURE AND IS NOT INTENDED TO SUBSTITUTE FOR FINANCIAL, TAX, ACCOUNTING, OR LEGAL ADVISE.
   
  THIS WEBSITE AND ITS CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NETLOAN FUNDING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, JOINT VENTURERS, PARTNERS, AFFILIATES, AGENTS, ADVERTISERS, SUCCESSORS AND ASSIGNS, AND PARTICIPATING LENDERS EXPRESSLY AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, (1) ANY WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THIS WEBSITE AND ITS CONTENT; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NETLOAN FUNDING DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THIS WEBSITE OR ITS CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
   
  This website is controlled and monitored from the United States of America and no representation is made that materials are appropriate or available for use in other locations. If you use or access this website from other locations, you are responsible for compliance with all applicable local laws.
   
Indemnity
   
  By using, viewing or accessing this site, you agree to indemnify and hold netLoan Funding and its officers, directors, employees, contractors, joint venturers, partners, agents and/or Participating Lenders harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising from your breach of this Agreement, or your violation of any law or the rights of a third party, including but not limited to, intellectual property and privacy rights.
   
Privacy and Security
   
  Your privacy and security is important to us. Please click on netLoan Funding’s Data Security and Privacy Policy which is posted at the bottom of each page on this website for information regarding how personal information collected on this website is used by netLoan Funding. Your viewing or use of this website constitutes acceptance of the terms and conditions set forth in netLoan Funding’s Data Security and Privacy Policy, the terms of which are incorporated in these Terms of Use.
   
Limitations and Liability
   
  IN NO EVENT WILL NETLOAN FUNDING, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, JOINT VENTURERS, PARTNERS, AFFILIATES, AGENTS, ADVERTISERS, SUCCESSORS AND ASSIGNS, OR PARTICIPATING LENDERS BE LIABLE TO ANY PARTY (1) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, OR LOSS OR THEFT OF PERSONAL INFORMATION), OR ANY DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE OF, RELIANCE ON, OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (2) FOR ANY CLAIM ATTRIBUTABLE TO OR ARISING FROM ERRORS, OMISSIONS, OR OTHER INACCURACIES OR DESTRUCTIVE PROPERTIES OF THIS WEBSITE OR ITS CONTENT.
   
  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, netLoan Funding’s liability is limited to the greatest extent permitted by law.
   
Intellectual Property and Proprietary Rights
   
  This website and any software used in connection with this website, contains proprietary information protected by applicable intellectual property and other laws. You agree that all content, including but not limited to, artwork, screen shots, graphics, logos, drawings, images, text, trade names, trademarks and service marks (whether registered or unregistered) and the URL (hereinafter collectively referred to as “Content”) are the copyrights, trademarks, service marks, patents, or other proprietary rights of netLoan Funding, its partners, advertisers, affiliates, Participating Lenders, agents or other third parties. You agree not to modify, copy, reproduce, sell, use, display or distribute any of the Content contained within or linked to the netLoan Funding website without the express written permission of netLoan Funding and/or any third party owner of such Content.
   
Submissions to netLoan Funding
   
  Any ideas, notes, postings, suggestions, concepts, know-how, techniques, or other materials submitted to netLoan Funding through this website will become the property of netLoan Funding and we shall be entitled to use such materials in perpetuity in any form or manner and in any media (whether known or hereafter devised) throughout the world, without restriction, and without compensation to any party, and you will not have any claim against us for such use.
   
Governing Law
   
  You agree that the laws of New York, excluding its conflict of law rules that would result in the application of the laws of any other forum, shall govern your use of this website, the website content, these Terms of Use, and any dispute that may arise between you and netLoan Funding.
   
Dispute Resolution and Venue
   
  Any dispute, claim or controversy arising out of or relating in any way to your use of the netLoan Funding website or the netLoan Funding Service or relating in any way to these Terms of Use must be filed in the County of Nassau, State of New York, or in the United States District Court for the Eastern District of New York. By using or accessing this website you knowingly, voluntarily and intentionally submit to the personal and exclusive jurisdiction of the foregoing courts and waive, to the fullest extent permitted by law, the right to trial by jury. Notwithstanding the foregoing, netLoan Funding, in its sole discretion and option, may institute suit in any court of competent jurisdiction to seek equitable, declaratory or injunctive relief.
   
Legal Notices
   
  Any legal notices shall be provided by postage prepaid certified mail, return receipt requested, mailed and delivered to netLoan Funding, LLC at 60 Cuttermill Road, Suite 612, Great Neck, NY 11021, Attention: Legal Department.
   
Becoming A Participating Lender
   
  It is netLoan Funding’s mission to assemble the most diverse group of lenders on the internet, and to offer a variety of finance products for every type of consumer and every type of asset. If you are a lender who is interested in becoming a Participating Lender, contact netLoan Funding at 60 Cuttermill Road, Suite 612, Great Neck, NY 11021, Attention: Lender Relations.
   
Customer Service
   
  For customer service relating to the operation of this website, please call us at 866-837-3904 or email us at rfleisher@netloanfunding.com. For customer service calls, netLoan Funding’s hours of operation are 6 a.m. to 5 p.m. PST (9 a.m – 8 p.m EST) Monday – Fridays excluding holidays.
   
  For customer service relating to your loan or credit application, approval or funding, contact the Participating Lender at the number posted on their website or provided to you by the Participating Lender in connection with your application.
   
  netLoan Funding welcomes any comments regarding the overall performance of Participating Lenders and recommendations regarding how we can improve the netLoan Funding Service.
   
Severability; Headings
   
  If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
   
Entire Agreement
   
  The terms and conditions set forth herein constitute the entire agreement between you and netLoan Funding regarding the subject matter of these Terms of Use and supercede any prior oral or written statements or agreements with respect to the same. Any modifications or amendments to this agreement must be in a writing signed by netLoan Funding.
   
  Effective January 1,  2008