COMPARE FIRST TERMS OF USE

COMPARE FIRST TERMS OF USE

Effective Date: 15 May 2017

These terms of use (“Terms of Use”) are provided on behalf of CompareFirst, which is operated by Backed Inc., and its affiliates (“we”, “us”, and “our”). By using www.CompareFirst.co, or www.backedinc.com including any pages thereof (the “Site”), you acknowledge that you have read, understood and agreed to be bound by these Terms of Use, regardless of whether or not you are a registered user of our Service, as defined below. If you do not wish to be bound by these Terms of Use, you should not access or use the Site or Service.

CompareFirst is a platform (the “Service”) aimed at matching you with the most suitable lenders, credit providers, and related service providers (together “Service Providers”). We do not make loan or credit decisions, nor originate and lend funds, but rather provide Service Providers with your information. We may receive a referral fee as a result of such matching. The Service does not necessarily include all personal loan companies or all types of products available in the marketplace. We can’t guarantee to you will be matched or be given an offer, nor that your matches will be the best possible rates and terms available in the market.

Filling out your details and loan specifications on our site is not a loan application but rather only a request to be matched with suitable Service Providers. Any loan or transaction between you and the Service Providers is independent and not part of the Service.

To perform our Service, we provide Service Providers with information on prospective borrowers in accordance with our Privacy Policy https://www.CompareFirst.co/privacy-policy. Your matched Service Providers may ask that you provide more details, verify your income, or pay an origination or application fee in order to be extended an offer of credit or provide their service. You also may be subject to additional terms and conditions that may apply when you use the Service Providers, affiliate or third-party services, third-party content or third-party software.

CHANGES AND MODIFICATIONS

We reserve the right to temporarily or permanently modify or discontinue the Site, or any portion of the Site or the Terms of Use, for any reason, without notice to you. You can determine when we last changed the Site or Terms of Use by referring to the "LAST UPDATED" date above. Please review these Terms of Use from time to time. Your continued access or use of the Site or Service after any modifications have become effective shall be deemed as your conclusive acceptance of the modified Terms of Use.

ELIGIBILITY

The Site and Service are intended solely for users who are 18 years of age or older, and any registration or use of the Site and Service by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Site, you represent you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration and/or prohibit you from using or accessing our Services or the Site.

RESTRICTIONS ON USE

You agree to abide by all applicable laws and regulations in your use of the Site and our Service. In addition, you agree that you will not do any of the following:

  • register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
  • post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
  • post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful or otherwise objectionable; that restricts or inhibits any other person from using or enjoying the Site; or that may expose us or our users to any harm or liability of any type;
  • post or otherwise make available any unsolicited or unauthorized advertising, solicitations or promotional materials, or any other form of solicitation;
  • use the information or content on our Site to send unwanted messages to any other user;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • post or otherwise make publicly available on the Site any personal or financial information of any third party;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • use the Site or our Services in any manner that could damage, disable, overburden or impair the Site;
  • harvest or collect email addresses or other contact information of our users from the Site by electronic or other means, including via the use automated scripts; or
  • post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

CompareFirst reserves the right to take appropriate legal action against anyone who, in CompareFirst sole discretion, violates this provision.

REGISTRATIONS AND APPLICATIONS

You may be required to submit information, including personally identifiable information in order to use our Site and Service. When you submit such information, you agree to provide current, complete and accurate information about yourself. If any information you provide is untrue, inaccurate, not current or incomplete, we have the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with you and restrict your future use of the Site and our Service.

YOUR ACCOUNT

To access our Service, you will be required to register and create an account on the Site. You may not disclose your username or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You may be required to login in order to use certain parts of the Site. You agree to logout, or exit your account at the end of each session, and immediately notify CompareFirst of any unauthorized use of your site’s credentials or any other breach of security related to your account on the Site. CompareFirst is not liable for any loss or damages related to your failure to comply with these instructions.

YOUR CONTENT, YOUR INFORMATION, AND INFORMATION SHARING

By providing information or content on the Site, you expressly agree to all of the following:

  • You grant us a non-exclusive, transferable, sub-licensable, royalty-free world license to use any information, including personally identifiable information, or content that you provide in connection with your use of the Site and our Services, subject to the privacy provisions described in our Privacy Policy. We have the right to review, delete, edit, modify, reformat, excerpt or translate any of your information or content.
  • You are solely responsible for the content and information you make available through or in connection with our Services.
  • Your content and personal information may be used by us or by Service Providers to validate your identity, determine your debt, debt-to-income ratio, and other information to make a final decision regarding extending an offer of credit to you.
  • You are providing written instruction under the Fair Credit Reporting Act for CompareFirst and the Service Providers with whom you are matched to obtain your consumer credit report, credit score and other information from a consumer reporting agency in order to provide you with quotes and verify your identity.
  • You hereby expressly authorize the Service Providers you are matched with to share among its affiliates, loan servicers, and bank partners any transaction history related to your financial products or services received or serviced through the third-party lender for the purpose of evaluating your application for credit.

All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with our Service is the sole responsibility of the person from which that originated. We will not be responsible for any errors or omission in any information or content provided by a user, nor are we responsible for errors, omissions or mistakes in transmitting your information to any Service Provider. We will only share your information according to our Privacy Policy, which is incorporated by reference into these Terms of Use.

COMMUNICATION

CompareFirst reserves the right to communicate with you through direct mail, any electronic means such as email or mobile phone messages, or through posting on our site. You agree that all communications, postings, notices, disclosures and other electronic communications satisfy any legal requirement that such communications be in writing. Please read our E-Sign Consent terms at https://www.CompareFirst.co/electronic-communications carefully before continuing your use of our Site and Service.

Our Services in part are available via mobile devices, in which case mobile carrier's standard charges may apply. By giving us your mobile phone number you express written consent to be contacted by us or by our Service Providers at the telephone number(s) you have provided above to explore personal loan offers, including contact through automated dialing systems, artificial or prerecorded voice messaging, or text message (including SMS and MMS – charges may apply). You may be contacted at the telephone number(s) you have provided even if your telephone number is currently listed on any internal, corporate, state, federal or national Do-Not-Call (DNC) list. If you do not consent to receive automated calls or text messages, please call (929) 265-8212 to continue your application. This consent is not required as a condition to purchase services. In the event your number changes you agree to promptly notify us so that the new owner will not receive messages.

Any matched Service provider may contact you independently for the purpose of providing more information on terms and rates. You will need to notify the Service Provider(s) directly if you wish to stop your communication with them.

LINKS AND THIRD-PARTY WEBSITES

We are not responsible for the information practices employed by sites linked to or from our website. Since third-party websites may have different privacy policies and/or security standards governing their sites, we recommend that you perform your own due diligence on each potential Service Provider, including reviewing their privacy policy and terms of service before entering into any type of agreement or arrangement with them. Under no circumstances will CompareFirst be liable in any way for any loss or damage of any kind incurred as a result of a third-party’s privacy policy, terms of use, or conduct in general.
You agree that you are solely responsible for your interactions with Service Providers or any services about which you obtain information through the Services, and CompareFirst will have no liability or responsibility with respect thereto. CompareFirst reserves the right, but has no obligation, to become involved in any way with disputes between you and any such lenders and/or Service Providers.

NO WARRANTY; ERRORS; DISCLAIMERS

The Site and the Service are provided “as is” and without any representation or warranty, whether express, implied or statutory. Calculators and tools on the Site provide you with estimates that may be different than actual amounts.

You agree that we may promptly correct any error that we discover and you agree to provide any additional consents necessary to correct any errors that occur.

ALTHOUGH WE WILL USE REASONABLE EFFORTS TO PROVIDE AN ACCURATE SITE/SERVICE, ALL ASPECTS THEREOF ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “BACKED PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, THE SERVICE, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU AND ANY OTHER PRODUCTS AND RELATED MATERIALS AND/OR SERVICES PROVIDED TO YOU BY ANY OF THE BACKED PARTIES OR ITS SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION AND WORKMANLIKE EFFORT; (II) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE SERVICE OR ANY ASPECT THEREOF; (III) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (IV) RELATING TO THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY BACKED PARTY; AND (V) THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE BACKED PARTIES MAKE NO WARRANTIES.

IN NO EVENT SHALL BACKED PARTIES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER QS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

You agree that all access and use of the Site and its contents and your use of the Service are at your own risk. Neither we nor any third party involved in creating, producing or delivering the Site and/or the Services has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Site and/or the Services, or any aspect thereof. You also agree and understand that the content of this site does not constitute any form of advice and therefore you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

WE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS OR DELAYS IN THE OPERATION OR TRANSMISSION OF ANY PORTION OF THE SITE OR SERVICE, AND/OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE AND/OR THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE BACKED PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM OR IN CONNECTION WITH THE SITE AND/OR THE SERVICE, THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF THE BACKED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF THE BACKED PARTNERS HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BACKED PARTNERS FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OF USE OR OUT OF YOUR USE, OR INABILITY TO USE, THE SITE OR THE SERVICE, EXCEED THE TOTAL AMOUNT OF USD 1,000.

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE – SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

INDEMNITY

You agree to indemnify, defend and hold harmless us, our affiliates, and our Service Providers from and against any and all third-party actions, suits, claims and/or demands and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) submitted content, use or misuse of any aspect of the Service or the Site, or your violation of these Terms of Use. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing or delivering the Site and/or the Service reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without our prior written consent and that of any such third party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Dispute Resolution

Except in cases related to your or CompareFirst Intellectual Property, or in cases where you violate our Restrictions of Use specified in this document, any controversy or claim arising out of or relating to these Terms of Use or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be New York, New York. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You may bring claims only on your own behalf. Neither you nor CompareFirst and its affiliates will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if CompareFirst and affiliates are a party to the proceeding.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Dispute Resolution Clause will be null and void. This arbitration agreement will survive the termination of your relationship with CompareFirst and its affiliates.

COPYRIGHT COMPLAINTS

If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at support@comparefirst.co. In your notification, please:

  • confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
  • identify the copyrighted work or works you claim have been infringed;
  • identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
  • provide your contact details, including an email address; and
  • provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
INTELLECTUAL PROPERTY

You agree that “CompareFirst”, “Backed” and all logos related to our Site and Service are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons and scripts are our service marks, trademarks and/or trade dress. You may not copy, imitate or use them without our prior written consent. All right, title and interest in and to the Site, any content thereon, our products and Services, the technology related to our products and Services, any and all technology and any content created or derived from any of the foregoing are our or our licensors’ exclusive property.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by the laws of the State of New York, without regard to its provisions relating to conflict of laws. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
This site is intended for US residences and may not be available, in whole or in part, for people outside of the US or in any jurisdiction we may choose in our sole discretion.

Your obligations under these Terms of Use are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) your right to use the Site and/or the Services or any aspect thereunder, in whole or in part, without our prior written consent.

YOUR PRIVACY

At CompareFirst, we respect the privacy of our users. For details please see our Privacy Policy located at https://www.CompareFirst.co/privacy-policy. By using the Service, you consent to our collection and use of your personal data as outlined therein.

QUESTIONS

If you have any questions or concerns regarding these Terms of Use, please feel free to contact us.