MoveCU understands your concerns with the safety of your personal data and is committed to data security. This Security Policy sets out the measures we take to secure the information you provide to us.
Secure Web Pages and Encryption
Pages on the website that ask for personal financial information are delivered to your browser through HTTPS, a secure server communications layer. Transmission between your browser and our web server, including when you send your personal financial information to us, is implemented using Secure Sockets Layer (SSL) technology. SSL encrypts it, making the information unreadable by anyone except MoveCU. SSL does not allow anyone to intercept and read your personal information; only we can decode the encryption. This technology requires any modern web browser such as Internet Explorer, Firefox, Chrome, Safari or Opera. You can verify that your communications with MoveCU are secure by checking for the key or lock icon on your browser. If your browser’s security feature has been turned on, a pop-up box will notify you when you enter a secure page.
Extended Validation SSL Certificates give high-security Web browsers information to clearly identify a Web site’s organizational identity. As people use the Web for commerce, business, and social activities, they share personal and confidential information. High profile incidents of fraud and phishing scams have made Internet users very concerned about identity theft. Before they enter sensitive data, they want proof that the Web site can be trusted and their information will be encrypted. Without it, they may abandon their transaction and do business elsewhere. High-security browsers and Extended Validation SSL Certificates provide third-party verification with a visual display (Green address bar) that gives consumers confidence and builds trust in MoveCU. An Extended Validation SSL Certificate helps our web visitors complete secure transactions with confidence and puts our organization in a leadership position.
Our website also incorporates a timeout feature. This important security feature will log you out if there has been no activity within a specified amount of time.
Firewalls are special purpose devices that protect and screen out malicious attempts to access information and networks. MoveCU deploys firewalls at several points in its environment, including between you and the web server, the database servers, and MoveCU’s internal production networks.
PLEASE PRINT A COPY OF THIS POLICY FOR YOUR RECORDS.
By using this website and our services, including by linking to this website from third party sites, you consent to this policy and to us using and disclosing information about you as permitted under current federal, state, and/or local law, and pursuant to this policy.
This website is a general audience site and we do not knowingly collect personal information from children under the age of 13. For more information about the Children’s Online Privacy Protection Act (COPPA), view the FTC website at www.ftc.gov.
- 1. Information we collect. We collect personally identifiable information that can identify you such as your name, address, telephone number, mobile number, e-mail address and Social Security Number (“Personally Identifiable Information” or “PII”). We also collect information such as demographic data and data about your online activity on our website that does not identify you (“Non-Personally Identifiable Information” or “Non-PII”). PII and Non-PII are known together as “Information”.
- 2. How we collect information.
- a. From you. We collect Information you provide to us: (i) when you inquire about or obtain our services; and (ii) if you apply for a job with us. The Information we collect from you will vary depending on the product or service requested.
- b. Other sources. We may obtain Information about you from third parties, including credit reports that include information about your home and demographic information. We will obtain only a soft inquiry report about you from a credit bureau to assist in complying with federal, state and local laws relating to Anti-Money Laundering and Identity Theft. We will not obtain a hard inquiry report about you from a credit bureau. We do not share any of the information obtained is shared with any matched service provider relating to your inquiry. Rather, we provide access to this information only to MoveCU employees with a legitimate business need to know in accordance with applicable laws and regulations. Information such as Social Security number (SSN), date of birth (DOB), address and phone number may be verified by third parties to assist with consumer identification and verification and to prevent identity theft. MoveCU takes your privacy seriously and performs these checks using best practices according to industry standards and does not alter or change the information you provide in your inquiry form.
- A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. When you visit our website, we may assign your computer one or more cookies to facilitate access to our website, personalize your online experience and record information about your visit. Through the use of a cookie, we also may automatically collect information about your online activity on our websites, such as the web pages you visit, the links or advertisements you click on and other actions you take while on our website. The cookies do not store any PII about you.
- Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that some of the features and services of our website may not function properly.
- Advertisers may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any PII to these Advertisers, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they delivered, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect directly from you.
- We may use web beacons and other standard Internet technologies to track your use on our websites. Web beacons (also known as clear gifs, pixel tags, targeting and retargeting pixels, third party pixels or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. We also may include web beacons in e-mail messages or newsletters to determine whether messages have been opened and acted upon.
- 3. How we use information
- a. In general, we may use Information to:
- Deliver the products and services you requested;
- Manage your customer relationship and provide you with customer support;
- Research and analyze your use of, or interest in, our products, services and content and the products, services, and content offered by others;
- Communicate with you via email, telephone, postal mail and/or mobile devices about products or services that may be of interest to you;
- Develop and display content and services tailored to your interests on our website and other websites;
- Develop and deliver targeted advertisements;
- Measure the overall effectiveness of our online advertising, content, programming and other activities;
- Verify your eligibility and deliver prizes in connection with promotions, contests, and sweepstakes;
- Manage our business; and
- Perform functions as described to you at the time of collection
- b. Financial information. Depending on the service requested, we may use financial information to match you with lenders, credit card companies, depository institutions, or to provide you with lenders’ conditional loan offers, as well as to verify your identity, protect against or identify possible fraudulent transactions, or otherwise as needed to manage our business.
- c. Job applicants. If your PII is submitted when applying for a position with us, the information will be used solely in connection with considering and acting upon your application. We may retain your PII for a period of time, but only for the purpose of considering your application for current or future available positions or as required by law.
- a. In general, we may use Information to:
- 4. With whom do we share your information
- b. Lenders or matching service providers. In submitting an inquiry for a loan product or other service offered through this website, when you click on any button indicating an acceptance or agreement to terms, a continuance of processing or submission, you signify your agreement to proceed and you are consenting, acknowledging and agreeing to the disclosure of your PII, as described herein, with lenders in our network (“Lenders”) with which you are or may be matched.
- Please note that no hard inquiry of credit will be performed by MoveCU or its network “Lenders” unless you authorize us to do so by submitting a completed loan request. So please note the language at the end of each form submission to understand if you are consenting to a hard or soft inquiry.
- NOTE THAT even if you do not provide your Social Security number, we may access your credit file to assist in the prevention of identity theft and to verify your request is accurate and complete. Lastly, not all network “Lenders” will obtain your SSN and each “Lender” has its own requirements, disclosures and consent requirements. BE AWARE that the Lenders with which you are matched may retain or use your Information whether or not you use their services and you should contact these Lenders directly concerning their privacy and information sharing practices which may differ from MoveCU.
- c. Referrals for your non-loan business. When you express interest in other products, services or promotions on the Website (by, for example, completing an inquiry for such services), we will share your request or expression of interest with the businesses with which we partner to offer you those products, services, and promotions (collectively, “Business Providers”). When you request additional information through our website concerning a particular product, service or promotion, you authorize us to provide PII to the Business Provider offering such product, service or promotion. Please note that each Business Provider with which we share your information may retain or use your information whether or not you use their services.
- d. Services providers. We may share your personal information with our authorized service providers that perform certain services on our behalf, including in connection with your request for a loan or the funding, sale and/or servicing of your loan. These third parties include, without limitation, credit bureaus, escrow companies, closing agents, marketing and customer services firms, credit card companies, or entities that provide business analysis or website support. These third parties may have access to PII needed to perform their functions.
- 5. Other situations. We also may disclose your information at our sole discretion:
- In response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims, or as we reasonably believe is required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent or take other action regarding actual or suspected illegal activity or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees or others; or to enforce our websites’ terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, asset sale or in the unlikely event of bankruptcy.
- As may be required to comply with state and/or federal requirements, you authorize MoveCU to obtain any and all necessary information from the “Lender” or “Provider” you choose relating to the disposition of your request. For example, information about whether your loan closed, whether you withdrew the request or whether you were not approved. In addition, under current reporting requirements, the lender may provide to MoveCU information about the type of loan you selected, the terms of the same, fees, rate, APR etc.
- 7. Non-personally identifiable information. We may share Non-PII with third parties in our discretion.
8. Third party links and policies. Our website contains links to other websites owned and operated by third parties. These third parties and their servers may be located in the United States or in other countries. We do not control and are not responsible for, the privacy and security practices of these third parties.
We recommend that you review the privacy and security policies of these third parties to determine how they handle Information they may collect about you. We do not endorse any third party or their associated websites and their inclusion is provided for the convenience of the customer only.
- 9. Updating and accessing your information. The appropriate method(s) for accessing your Information, if any, will depend on which sites or services you have used. Depending on the respective service, you may have the ability to view or edit some of your information online. If you have submitted a loan request with us, you can update your personal information by contacting our Customer Care Department at firstname.lastname@example.org.
- 10. Choices about collection and use of your information.
- a. You can choose not to provide us with certain information, but that may cause you to be unable to use certain features of our websites or receive certain products or services.
- b. Federal and state regulations may require that we store completed loan requests for various periods of time. In order to comply with these requirements, we may be unable to delete your information from our database until the expiration of the applicable period.
11. How we protect your PII. We take industry standard security measures (including physical, electronic and procedural measures) to help safeguard your PII from unauthorized access and disclosure. In addition to the restrictions outlined above, we require employees to comply with information security safeguards, we use encryption in the transmission of your PII between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your PII.
No system can be completely secure. Therefore, although we take steps to secure your Information, we do not promise, and you should not expect, that your PII, searches or other communications will always remain secure. Users should also take care with how they handle and disclose their PII. Please refer to the Federal Trade Commission’s website for information about how to protect yourself against identity theft.
MoveCU may change, remove or add a business at our discretion without notice to you.
If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites.
For purposes of this Agreement, the terms “you” and “your” mean the person(s) using the Websites, and/or the goods, facilities or services of MoveCU (“Site” and/or “Services”) offered through alternative methods, including persons that allow others to provide information about themselves to MoveCU and the banks, lenders, financial institutions, providers and brokers on MoveCU’s network (collectively, “Lenders”). “MoveCU,” “we,” “our,” and “us” mean MoveCU, Inc. and its Lenders where indicated.
THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.
2. CONSUMER INFORMATION SECURITY POLICY
The MoveCU Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received directly from you or transmitted to or from third parties.
3. LOAN REQUEST SERVICES
Non-Mortgage Loan Request Services. MoveCU offers non-mortgage (including new, used and refinanced automobile, RV and boat loans, personal loans, credit cards, consolidated loans, student loans and student loan refinance) loan request services. The services generally consist of using information you provide us on the Site, information we obtain about you from third-party sites (e.g., a soft pull of your credit file from one of three major credit bureaus), and lending criteria from Lenders in our network to match you with Lenders that may offer loans and terms of interest to you. To determine which Lenders may be matched with you, Lenders provide us criteria about the type of loan (for example, loan type, loan amount, and credit terms) and the type of loan customer (loan customers meeting certain creditworthiness criteria set by the Lender) in which the Lender is interested. MoveCU will provide your information to the Lenders you request. If you select a Lender, you then commence the loan application process directly with that Lender. We may also provide administrative services to you and the Lender to facilitate your loan application process. For example, you and the Lender may use the Site to gather certain documents required to complete the application like proof of income, driver’s license and e-signatures.
MoveCU is not a lender or a creditor. MoveCU does not make loans or credit decisions in connection with loans. MoveCU does not endorse or recommend the products of any particular Lender. MoveCU is not an agent of either you or any Lender. MoveCU provides only administrative services. You should rely on your own judgment in deciding which available loan product, terms, or Lender best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that MoveCU shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.
MoveCU and Lenders expressly reserve the right to modify, discontinue, suspend, or terminate the offering of any loan service or product at any time, without prior notice.
The data and other information you may provide MoveCU is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified, or any similar concept. MoveCU does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by the individual Lenders. Likewise, MoveCU does not guarantee that the loan terms or rates offered by Lenders are the best terms or lowest rates available in the market. A Lender’s conditional loan offer may be subject to market conditions, approval, and qualification. The rates and fees actually offered by Lenders may be higher or lower depending on your complete credit profile. You might not be matched with a Lender making any specific offer.
To help the government fight identity theft, the funding of terrorism, and money laundering activities, MoveCU and its Lenders (collectively in this paragraph, “we” and “us”) may obtain, verify and record information that identifies each person who opens an account with a Lender. We may ask for your name, Social Security number, address, telephone number, date of birth and other important information that will allow us to properly identify you. During the Lender’s formal application process, the Lender may also ask to see your driver’s license or other identifying documentation to further assist in verifying and documenting your identity.
By clicking on any button indicating an acceptance or agreement to terms or a continuance of processing or submission, you understand that you are consenting, acknowledging, and agreeing to the stated terms and conditions of that submission and that you are submitting a request for a lending product through MoveCU to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures, notices and other communications in electronic form (either by email or via the Internet) as provided for in the Consent Agreement to Receive Electronic Communications from MoveCU and its network Lenders. You understand that you will need, and must have access to, an email address, Internet access, and PDF software to review the electronic disclosures, notices and other communications. In addition, you acknowledge that we and our Lenders to whom your application is submitted may access your credit report even if your Social Security number is not provided and you acknowledge that you have received and reviewed and, where applicable, signed the necessary required disclosures. Not all Lenders will receive and/or utilize your SSN to access your credit report and/or credit score. In processing your initial loan service request, MoveCU does not perform hard inquiries into credit, rather it does a soft inquiry to adhere to Anti-Money Laundering requirements and to assist in identification and verification of consumers as well as to prevent fraud. The information MoveCU receives from your credit report and/or credit score is not shared with Lenders, but is used by internal MoveCU personnel on a “need to know” basis. Your information may also be shared between Lenders and MoveCU after you are matched to adhere to state and federal reporting and record retention requirements. You authorize MoveCU and its participating Lenders to share such information with each other for such purposes.
By submitting a loan request containing your electronic signature, you are extending an express invitation to each Lender you have been matched with to contact you by telephone at the numbers (whether landline or cellular) you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. You also authorized us and our Lenders to contact you by email at the email address you have provided or at another address that may be associated with you that we receive from Lenders or other parties, and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you consent, acknowledge and agree that MoveCU, a Lender with which you have been matched, or a third-party service provider hired by MoveCU or such Lender may use an automatic dialing system in connection with calls made to any telephone number you have provided, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with MoveCU or by making a submission, you give MoveCU permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan request. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete. You agree to notify us promptly if you terminate or surrender to your phone company, or transfer to another person, any cell phone telephone number you have provided to us. You have the right to receive any electronic document we have provided in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting 805.329.3449 or by emailing email@example.com
Additional Terms Applicable to Auto Loan Request Service. If you request an auto loan and qualify for the MoveCU Indirect Lending Program, MoveCU may also provide your information to one or more of the Lenders, providers, or third-party marketing companies in that program. The MoveCU Indirect Lending Program allows you to get financing quotes from a dealership in your area. In addition, you may be matched with one or more Lenders offering unsecured loans with which you could finance your automobile or motorcycle. As such, when you click on the “submit” button you are consenting, acknowledging and agreeing to a hard pull of credit by Lenders in connection with your automobile loan inquiry. Please note that you are providing written consent for such inquiry and that this may impact your credit score. FICO (Fair Isaac Corporation) recognizes that borrowers typically shop around and consumers are encouraged to find the best deal that works for them and their personal financial situation. That’s why inquiries from multiple auto loan applications generally will not harm your credit score for 30 days. Once a month has passed, the FICO scoring model treats multiple inquiries for one of those loan types as a single inquiry, provided the applications all took place within a relatively short window of time such as 15 days. That consolidation of inquiries helps limit the potential adverse effect to your FICO score that could otherwise result from multiple credit checks, each counted individually. You may contact FICO online at http://www.fico.com/en/Pages/Contact.aspx with questions.
Additional Terms Applicable to Personal Loan Request Service. If you request a personal loan and qualify for the MoveCU Indirect Lending Program, MoveCU may also provide your information to one or more of the Lenders, providers, or third-party marketing companies in that program. The MoveCU Indirect Lending Program allows you to get financing quotes from a lender in your area. In addition, you may be matched with one or more Lenders offering personal loans. As such, please note that when you click on the “submit” button you are consenting, acknowledging and agreeing to a hard pull of credit by Lenders in connection with your personal loan inquiry. Please note that you are providing written consent to the Lender for such inquiry and that this may impact your credit score. Please note that multiple hard pull inquiries, as a result of multiple personal loan applications, by Lenders may adversely affect your credit score.
Additional Terms Applicable to Credit Card Request Service. If you request a credit card and qualify for the MoveCU Indirect Lending Program, MoveCU may also provide your information to one or more of the Lenders, providers, or third-party marketing companies in that program. The MoveCU Indirect Lending Program allows you to get financing quotes from a lender in your area. In addition, you may be matched with one or more Lenders offering credit card options. As such, please note that when you click on the “submit” button you are consenting, acknowledging and agreeing to a hard pull of credit by Lenders in connection with your credit card inquiry. Please note that you are providing written consent to the Lender for such inquiry and that this may impact your credit score. Please note that multiple hard pull inquiries, as a result of multiple credit card applications, by Lenders may adversely affect your credit score.
Additional Terms Applicable to Student Loan Request Service. Private student loans offered through MoveCU Lenders do not require school certification and the proceeds are disbursed in the form of a check mailed directly to you, or if more than one person, the person with the stronger credit profile. The interest rates and loan fees associated with private student loans are generally higher than the interest rates and loan fees associated with federal certified loans. The proceeds of your loan must be used for educational purposes.
All loans are subject to credit approval. Interest rates and loan fees vary and are based upon borrower and/or cosigner (where applicable), credit score and other underwriting criteria. Approval and underwriting criteria standards are established and maintained solely by the individual Lender(s) and not by MoveCU.
When Lenders receive your loan request, they are not agreeing to lend you money and there will not be such an agreement until the time that the loan is actually approved and disbursed to you. Lenders have the right to accept or reject your cosigner and lend an amount less than the amount requested.
In addition, by submitting your loan request, you authorize the Lenders to verify the accuracy and authenticity of all information supplied by you both internally and with the assistance of non-affiliated third parties. Specifically, you authorize the Lenders to verify your enrollment status with your school and other organizations and to verify your employment status by contacting your employer. Lender may also verify any income information that you provide. In all cases, Lender may disclose the fact that you are applying for credit from Lender. If your loan request is conditionally approved by a Lender, the amount and other details of your offered loan, including the interest rate and loan fee, will be disclosed to you in a Truth-in-Lending Disclosure Statement that you will receive with your Student Loan Promissory Note. If after reviewing the terms of the Promissory Note, you determine that you want the offered loan, you will:
- 1. Review and sign the Promissory Note along with your cosigner (if applicable).
- 2. Return the signed original Promissory Note within sixty (60) days of receipt; and
- 3. Return any additional documentation requested by Lender.
Notice for Ohio Residents. The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.
Lenders Pay MoveCU Services. MoveCU is paid marketing lead generation fees by lenders for the goods, facilities, and services we provide. This fee may be based on a percentage of value (e.g., a percentage of each funded loan) and/or a flat fee per event or transaction (e.g., a flat rate for each credit card issued or deposit account or auto insurance product referral), or otherwise. Your use of the Websites and/or MoveCU’s services constitutes your agreement with this compensation arrangement. At closing, you will be responsible for paying for any closing costs associated with your loan (such as loan processing, underwriting or funding fees).
4. MOVECU CREDIT SCORE SERVICES
By registering with MoveCU, you understand and consent to MoveCU receiving and accessing information about you from third parties, including credit bureaus. Registering with MoveCU and requesting our Services will serve as your written instructions under the federal Fair Credit Reporting Act, authorizing MoveCU to obtain a consumer report about you from a consumer reporting agency. This information could include, but might not be limited to, your credit report, credit score, and other credit information. You agree that we may use and analyze your information as follows to: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) serve you targeted ads and other communication based on your information. Further, you agree that we may disclose your information with the Lenders in our network in order to provide the Services to you. We require our Lenders by contract to use your information only for the purposes you have authorized and to safeguard your information with the same level of care that it safeguards its own information. We prohibit our Lenders from selling our information under any circumstances.
5. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © All rights reserved. MoveCU is a registered trademark of MoveCU Inc., a Delaware corporation. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of their respective owners.
Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Websites, without the prior written permission of MoveCU or the applicable Mark holder specific for each such use. The Marks may not be used to disparage MoveCU, the Lenders, any other applicable third party, or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by MoveCU in writing.
The Websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. MoveCU owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of MoveCU and the copyright owner. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
6. DISCLAIMERS AND LIABILITY
MoveCU intends that the information contained in the Websites is accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will MoveCU be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. MOVECU AND/OR ITS SUPPLIERS AND LENDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEBSITES AND/OR MOVECU’S SERVICES IS AT YOUR OWN RISK. EXCEPT AS PROHIBITED BY APPLICABLE LAW, MOVECU AND/OR ITS SUPPLIERS AND LENDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR MOVECU’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOVECU RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVECU AND/OR ITS SUPPLIERS OR LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
MoveCU and each Lender may choose to electronically deliver to you all information related to their respective services and any other information that you request from us or them. MoveCU’s and the Lenders’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, and any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of MoveCU and the Lenders.
You agree to receive in electronic form all current and future notices, disclosures, communications and information relating to the Services provided by MoveCU and any loan you may apply for or obtain from a Lender. This means that MoveCU and the Lenders may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from the Lenders or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
To access and retain information and notices we send or make available to you electronically, you will need:
- Internet access with 128-bit encryption
- Adobe Acrobat Reader 6 or higher
- Ability to Print Internet Explorer 6 or higher
- Netscape 8.04 and above (Use in IE mode)
- Email Access or Firefox version 1.5
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting 805.329.3449 or by emailing firstname.lastname@example.org.
As a condition of use of the Websites and/or MoveCU’s services, you agree to indemnify MoveCU and its suppliers and Lenders from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
10. LIMITATION ON DAMAGES
In no event will MoveCU have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
11. LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. MoveCU does not operate or control in any respect any information, software, products, or services available on such websites. MoveCU’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that MoveCU is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
12. ERRORS AND DELAYS
MoveCU is not responsible for any errors or delays in responding to a request or referral form sent by you that is caused by an incorrect email address provided by you or any other acts or omissions by you, or by other technical problems beyond our reasonable control.
13. DISPUTE RESOLUTION
Any judgment upon the award rendered by the arbitrators shall be final and may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MOVECU WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using MoveCU’s goods, facilities and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MoveCU, the parties agree that, to the extent permitted by applicable law, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Franklin County, Ohio. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover its reasonable attorneys’ fees.
14. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by MoveCU) constitutes the entire agreement between you and MoveCU and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and MoveCU with respect to the Websites and information, software, products and Services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Ohio, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.