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 45 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 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 NONINFRINGEMENT. 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.