Terms of Use Agreement

1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES
   
   Please carefully read, understand and agree to the terms and conditions contained in this Terms of Use Agreement (“Agreement”). By accessing, browsing, or otherwise using this website or any of the related MoveCU websites (individually and collectively, the “Website(s)”) or any page thereof, through any direct or indirect means, or by using the goods, facilities or services (collectively, the “Services”) offered in or through the Websites or through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by the terms and conditions of this Agreement.
   
   THIS AGREEMENT CONTAINS:
   
   
   • A MANDATORY PROVISON REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS (SECTION 13).
   
   
   • A CONSENT TO RECEIVE ALL COMMUNICATIONS, DOCUMENTS, AND DISCLOSURES FROM US ELECTRONICALLY (SECTION 7).
   
   
   • A CONSENT TO RECEIVE AUTOMATED TELEPHONE CALLS AND TEXT MESSAGES AND TO RECORD OUR COMMUNICATIONS WITH YOU (SECTION 3).
   
   
   • AN AUTHORIZATION TO ACCESS YOUR CREDIT REPORT TO CARRY OUT YOUR REQUEST FOR SERVICES AND TO PRESENT ADDITIONAL FINANCIAL PRODUCTS AND SERVICES THAT MAY BE OF INTEREST TO YOU (SECTION 4).
   
   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 individual person(s) using the Websites and/or the goods, facilities or services of MoveCU offered through alternative methods, including any persons that allow others to provide information about themselves to MoveCU. The Services are offered only to consumers. Businesses and other non-natural person entities are not eligible. The term “Lender(s)” means the banks, credit unions, other lenders and financial institutions, and the providers and brokers on MoveCU’s network. The terms “we,” “our,” “us,” and MoveCU mean MoveCU, Inc. and its Lenders where indicated.
   
   TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS FOR THE WEBSITE AND THE SERVICES ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.
   
   MoveCU operates the Websites and, subject to applicable law, shall have the right at any time to add to, change, or discontinue any aspect or feature of the Websites and the Services, and the right to modify the terms and conditions applicable to use of the Websites and the Services, including these Terms of Use or any part hereof. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Websites. Any use of the Websites or of the Services offered in or through the Websites after changes are posted shall be deemed to constitute your acceptance of such changes. The Websites and the Services are intended for individuals at least 18 years of age. If you are under 18 years of age, you should not be visiting the Websites or attempting to use MoveCU’s Services. We do not knowingly collect personal information from children under age 13. If we learn that we have collected personal information from a child under age 13, we will delete it.
   
   
2. CONSUMER INFORMATION SECURITY POLICY
   
   The MoveCU Security Policy, hereby incorporated by reference into this Agreement, explains our security policy applicable to any information of yours that is collected and transmitted through the Websites.
   
   
3. FINANCIAL PRODUCT PREQUALIFICATION SERVICES
   
   MoveCU provides non-housing related loan prequalification Services (including new, used and refinanced automobile, RV and boat loans, personal loans, credit cards, consolidated loans, student loans and student loan refinance). We also provide deposit and share account prequalification Services. Some Services may not be available in all states. When you use the Services, you will tell us about the type of loan or deposit account you are interested in and provide your personal information. Our Services generally consist of using the information you provide to us on the Website, information we obtain about you from third-party sources (e.g., a soft pull of your credit file from one of the three major credit bureaus), and loan and deposit criteria from the financial institutions and other providers in our network (all referred to collectively herein as, “Lenders”) to match you with Lenders and other financial institutions that may offer loan and deposit account services of interest to you. To determine which Lenders may be matched with you, Lenders participating in our network provide us with information about the type of loan or deposit or share account available (for example, loan type, loan amount, credit terms or deposit account type) and the financial profile of the customers who may qualify for the product. For example, a Lender may be interested in auto loan customers meeting certain creditworthiness criteria. If a match is found, MoveCU will notify you and provide you with information about the loan or deposit product and how to proceed with an application. MoveCU’s response to your inquiry is not an offer or guarantee of credit or other services and only provides information about the available product and how to apply to the Lender for consideration and approval. If you elect to apply, we will provide your information to the Lender on your behalf or refer you to the Lender, and you will commence a formal application process directly with that Lender. We may provide administrative services to you and the Lender to facilitate the application process. For example, you and the Lender might use the Website to gather certain documents required to complete your application such as proof of income, driver’s license, and e-signatures. If you choose to obtain services from a Lender that is a credit union, you may be required to establish membership and open a basic share/savings account with the credit union in order to receive services from that credit union. By using the MoveCU Services, you acknowledge that MoveCU is not a lender, creditor, credit card issuer, or a bank. MoveCU does not make decisions in connection with loan or deposit services and does not provide advice to you. MoveCU does not endorse or recommend the products of any particular Lender or depository institution. 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, if any, financial product 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 the Lenders expressly reserve the right to modify, discontinue, suspend, or terminate the offering of any loan, deposit, or other product, or any other feature of the Services, at any time, without prior notice.
   
   The data and other information you provide to MoveCU initially is treated only as a prequalification request. MoveCU does not guarantee acceptance into any particular loan or deposit program or approval of any specific loan or deposit terms or conditions with any Lender. Loan and deposit approval standards are established and maintained solely by the individual Lenders. Likewise, MoveCU does not guarantee that the loan and deposit terms and rates offered by Lenders are the best terms or lowest rates available in the market. A Lender’s final offer may be subject to market conditions and further qualifications. The rates and fees finally offered by a Lender may be higher or lower depending on your complete credit profile. You may not be matched with any Lender or 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 request your driver’s license or other identifying documentation to further assist in verifying and documenting your identity.
   
   Pursuant to the agreements between MoveCU and the Lenders in the MoveCU network, MoveCU may also receive information from your Lender regarding your application, including but not limited to, the amount of your loan and the disposition of your application. Information specific to a selected Lender’s use, disclosure, and safeguarding of your personal information will be found in the Lender’s specific Privacy Policy, which will be provided to you.  NOTE: By providing your personal information to MoveCU and initiating an application with the Lender, you are providing express written consent for the selected Lender to use and disclose your private personally identifiable information in accordance with the Lender’s Privacy Policy, including without limitation and as applicable, for legal or regulatory request(s), law enforcement requests, internal analytics, and/or for marketing purposes.
   
   You understand that a Lender may retain your application information and any other information provided by MoveCU or received by MoveCU in the processing of your request, whether or not you are qualified for a loan with the Lender or if you complete a loan with the Lender. You agree to notify the Lender directly, as set forth in the Lender’s Privacy Policy, if you no longer want the Lender to use your information in accordance with its Privacy Policy.
   
   By clicking on any button indicating an acceptance or agreement to these Terms of Use or by a continuance of processing or submission by MoveCU, you understand that you are consenting, acknowledging, and agreeing to the stated terms and conditions of that submission and that you are submitting a prequalification request or an application, as applicable, for a Service. You also are affirmatively consenting to receive all documents, notices, and communications for the financial product you have requested electronically rather in paper form, and you confirm that you have a working computer, email address, Internet access, and PDF and other required computer software and hardware that meets our requirements to access and retain electronic documents. In addition, you acknowledge and agree that we and any of our Lenders to whom your application is submitted may access your credit report, even if your Social Security Number is not provided. Not all Lenders will use your Social Security Number to access your credit report and/or credit score.  In processing your initial prequalification request, MoveCU does not perform hard inquiries on your credit report; rather, we perform a soft inquiry to adhere to legal requirements and assist in the 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 only on a “need to know” basis to process your request. Your personal 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 authorizing MoveCU to submit your information as an application to one or more Lenders, you are extending an express invitation to MoveCU and each Lender you have been matched with to contact you by telephone or text messaging 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 appears on any state or federal Do Not Call list. Voice and data rates may apply. You also authorize us and each Lender 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 that 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 submitting a prequalification request or an application, you give MoveCU and any Lenders 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 requests, the delivery of product request matches, deadlines, quality of service, or other matters in connection with your request. To ensure quality service, telephone calls and other communications between you and us may be monitored and recorded. For any of the Services, you represent that all of the information you have provided in your submission and request is accurate and complete. If you provide at telephone number or email address to us, you represent and warrant that you are the subscriber, customary user, or owner of any such telephone number or email address. You agree to promptly notify us and any Lender you choose to work with if you terminate, surrender to your phone company, or transfer to another person, any telephone number or email address you have provided to us. You have the right to receive any electronic document we have provided in non-electronic form and to withdraw any consent you have provided for electronic delivery of documents at any time by contacting (805) 329-3449 or by emailing support@movecu.com.
   
   When you submit information, create an account, or otherwise register for Services through MoveCU and its Website or otherwise, you agree that MoveCU may use your information, including without limitation, your credit report information where permitted by law, both now and in the future, to present you with additional products and services that may be of interest to you, and you expressly authorize MoveCU to use your information for this purpose. MoveCU may provide your information to its affiliates as provided in the MoveCU Privacy Policy, and you agree that MoveCU or its affiliates may contact you using information you have provided with information and offers of services available through MoveCU and the Websites. By using the Services, you hereby consent to any such communications.  If at any time you do not wish to receive such communications from MoveCU or its affiliates, you may modify your preferences to opt-out of receiving these communications by clicking here, or you may call us at (805) 329-3449 or email us at support@movecu.com.
   
   Additional Terms Applicable to Auto Loan Prequalification Services. If you apply for 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 authorize us to submit your information as an application, you are consenting, acknowledging and agreeing to a hard pull of credit by the foregoing parties in connection with your request. Please note that you are providing written consent for such credit inquiries 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 is why inquiries from multiple auto loan applications generally will not impact your credit score for 30 days. After 30 days have 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 Prequalification Services. 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 application, 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/or lend an amount less than the amount requested.
   
   In addition, by submitting a loan application, you authorize the Lender 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 Lender to verify your enrollment status with your school and other organizations and to verify your employment status by contacting your employer. The 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 application is 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 need to:
   
   
   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.
   
   
   Lenders Pay for 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 loan 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 REPORT AUTHORIZATION
   
   By registering with MoveCU, you understand and consent to MoveCU requesting, receiving, and retaining 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 and other applicable law, authorizing MoveCU to obtain a consumer report about you from a consumer reporting agency.  This information may include, but may 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; (c) serve you targeted ads and other communications based on your information, and (d) present additional financial products and services that may be of interest to you, both now and in the future. 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 they safeguard their own information. We prohibit our Lenders from selling any of your information at any time and 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 Website 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 or the Services, 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 LIMITATION OF 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 18 years of age and older and is subject to change without prior notice. Any information on the Websites and any changes and improvements to the information provided on the Websites 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 or other content available through the Websites. Nothing on the Websites shall be interpreted as financial advice to you, and you should consult a financial professional if you should have any questions or concerns about your particular circumstances before making a financial decision.
   
   THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING, USAGE, OR TRADE. USE OF THE WEBSITES AND/OR MOVECU’S SERVICES IS AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITES OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED 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 SERVICE, OR FROM ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULTS 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 MALICIOUS CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION, OR THAT CAUSE DELAYS IN THE OPERATION OR TRANSMISSION OF THE SERVICES, OR ANY OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MOVECU’S 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 ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR ARE WE RESPONSIBLE FOR ANY LENDER OR OTHER THIRD-PARTY WEBSITE, INFORMATION, PRODUCT OR SERVICE, AND WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A LENDER OR ANY OTHER THIRD PARTY.
   
   NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOVECU’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE AT ALL TIMES LIMITED TO YOUR ACTUAL DAMAGES PROVEN BY YOU, UP TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, OR $100, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND/OR LIMITATION OF CERTAIN WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
   
   
7. DISCLAIMERS AND LIMITATION OF LIABILITY
   
   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 other information or records relating to the Services provided by MoveCU and any loan or deposit service 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 have provided or to another address that may be associated with you that we receive from the Lenders or other parties. By initiating a transaction with us, you agree that you meet the technical requirements set forth below, and you represent that you 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 a computer or mobile device with:
   • Internet access and 256-bit encryption
   • Adobe Acrobat Reader 6 or higher or a similar software product that permits the display, printing, and retention of PDF files.
   • Email Access
   • Ability to print and/or save documents from email and the most recent version of a widely available commercial web browser, such as Google Chrome, Microsoft Edge, Apple Safari, etc. In order to provide security and ensure continued operability of your systems, you are responsible for keeping your devices and applications up to date with the most recent firmware and software.
   
   
   You have the right to receive any 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 support@movecu.com. If you withdraw your consent to electronic delivery, you may not be able to use the Services any longer. If your email address changes, you agree to notify us promptly at the telephone number or email address above. Your Lender may also require a separate Lender consent to receive electronic documents related to your transaction.
   
   
8. PRIVACY POLICY
   
   You agree that we may collect and use the information that you provide or is made available to us in accordance with our Privacy Policy. The MoveCU Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you.
   
   
9. INDEMNITY
   
   As a condition of use of the Websites and/or MoveCU’s services, you agree to indemnify, defend, and hold harmless MoveCU and its suppliers and Lenders from and against any and all liabilities, expenses (including attorney’s 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. You also agree to indemnify, defend, and hold harmless MoveCU and its suppliers and Lenders from any and all liabilities, expenses (including attorney’s fees) and damages arising out of your failure to comply with this Agreement (including failure to promptly notify us of any changes to your contact information) or any violation of law by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in any such matter.
   
   
10. 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 our Websites, please note that MoveCU is not responsible for the accuracy or content of the information provided by a third-party 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.
    
    
11. ERRORS AND DELAYS
    
    MoveCU is not responsible for any errors or delays caused by you, including an incorrect email address provided by you or by other technical problems caused by anyone or anything beyond our reasonable control. We are not responsible for any errors or omissions in any information provided to you. The Services may be unavailable from time to time for maintenance or due to circumstances beyond our reasonable control.
    
    
12. DISPUTE RESOLUTION – PLEASE READ THIS SECTION CAREFULLY
    
    Any claim or controversy arising out of or relating to the use of the Websites, the goods or Services provided by MoveCU, or any acts or omissions for which you may contend MoveCU is liable, including but not limited to any claim or controversy as to arbitrability (collectively, a “Dispute”), shall be finally and exclusively settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) dated September 15, 2005. The arbitration shall be venued in a location reasonably convenient to you. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitration forum and shall agree to proceed subject to the rules of the selected forum. In the event the parties are unable to agree on a neutral arbitration forum, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor. As an alternative to the foregoing, you may choose to bring a claim in small claims court, if the claim qualifies for small claims court jurisdiction and proceeds only on an individual basis. Notwithstanding any of the foregoing, nothing herein shall prevent either party from seeking injunctive or equitable relief in a court of law to prevent an actual or threatened breach of the party’s property rights.
    
    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.
    
    EXCEPT AS PROVIDED HEREIN, THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MOVECU WILL BE RESOLVED BY BINDING ARBITRATION. THIS MEANS THAT, EXCEPT AS PROVIDED HEREIN, YOU 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. EXCEPT AS PROVIDED HEREIN, 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 terms.
    
    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 New Castle County, Delaware. 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 attorney’s fees.
    
    
13. 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 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 Delaware, 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. The failure of either party to insist on strict performance of any of the provisions hereunder shall not be construed as the waiver of any subsequent default of a similar nature. Assignment or transfer of this Agreement by you is prohibited. Sections 5, 6, 9, 12, and 13 of this Agreement shall survive termination of this Agreement for as long as permitted by applicable law. All rights not expressly granted herein are reserved.
    
    PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
    
    The provider of the Services is MoveCU, Inc., 9201 Wilshire Blvd., Beverly Hills, CA 90210; (805) 329-3449; support@movecu.com. Please contact us if you should have any questions or concerns regarding the Services.
    
    Notice to California Residents: If you should need further information regarding the use of the Services or have a complaint regarding the Services, please contact us at our address or telephone number above so that we may assist you. You may also forward any complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834 or call (805) 329-3449.