Vivaloan.com Terms of Use

Effective Date: January 1, 2024


By accessing Vivaloan.com and using the services available on this site, you agree to be bound by the Terms of Use below. * Our services are only available to US residents and are prohibited outside the United States.

Please read these terms carefully. If you do not agree to these terms, do not access or use this website.

Products and Services

Vivaloan.com connects consumers with prospective lenders participating in its direct network of personal loan lenders. To use the service, you must complete an online form that requests specific information from you, including, but not limited to, your name, address, telephone number, email address, social security number, banking account information, and employment information. Vivaloan.com's collection and use of this information is subject to this site's Privacy Policy. By using this website or services offered on this website, you also agree to the terms and conditions set forth in the Privacy Policy. If you do not agree to these Terms of Use of the separate Privacy Policy, please do not use this site.

Once a consumer submits a loan request form on this site, Vivaloan.com shares your information with one or more participating lenders. By submitting, you understand and agree that you are submitting an inquiry about a loan product to Vivaloan.com and each of the participating lenders to whom Vivaloan.com transmits your loan request. By submitting, you are extending an express invitation to Vivaloan.com and each of the participating lenders with whom your information is shared to contact you by any means (including, without limitation, email, telephone, text and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.

Participating lenders who receive your loan request from Vivaloan.com review your information in real-time to determine whether your information meets their loan qualification criteria. By submitting, you are providing express consent for participating lenders to, among other things, to verify your social security number, perform a credit check, and review your information against national databases that track consumer transactions with lending institutions. By submitting, you are also providing express consent for the participating third party lender you are connected with to share among its affiliates, loan servicers, and bank partners any transaction history related to financial products or services received for the purpose of evaluating you for credit. Lenders may ask for additional identifying information (i.e. driver's license documentation), in conjunction with running credit reports.

If a participating lender determines that your request meets its loan qualification criteria, Vivaloan.com will open a new web page identifying the name(s) and contact information of the lender(s), or redirect your browser to the lender's website. You understand and agree that, once you have been redirected to the lender's website, Vivaloan.com has no further involvement in the loan request or lending process. Your subsequent interactions with the lender are subject to privacy policy, terms of use and other policies enforced by that lender.

Vivaloan.com is not a lender and does not make loans or credit decisions in connection with its loan connecting service. Vivaloan.com does not guarantee acceptance into any particular loan program or specific loan terms of conditions with any participating lender. Vivaloan.com is not an agent of or any participating lender. Vivaloan.com is not involved with a lender's use and/or review of your loan request information or in making a determination about whether you meet a particular lender's loan qualification criteria. The lender is solely responsible for its services to you, and you agree that Vivaloan.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the loan connecting service.

Vivaloan.com reserves the right to change any information, features and/or functions of the loan connecting service without prior notice. Vivaloan.com may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that Vivaloan.com determines, in its sole discretion, violate these Terms of Use, the rights of Vivaloan.com or any third party, or is otherwise inappropriate. Vivaloan.com is not responsible for any errors or delays in providing the loan connecting services caused by errors in any of the loan request information provided by you or by any technical problems beyond our reasonable control.

Annual Percentage Rate

Vivaloan.com is not an actual lender, and therefore does not make credit decisions or determine actual APRs (Annual Percentage Rate) if you are connected with a lender. We direct your attention to your lender for the full and appropriate disclosure of both the interest rate and APR for your loan.

Auto-Dial

By submitting your loan request, you are providing express written consent under the Telephone Consumer Protection Act to be contacted by each lender to whom we transmit your information, and their affiliates and service providers, by telephone at the numbers you have provided, even if your phone number is on any Do-Not-Call registry, and you agree to receive telemarketing calls or SMS text messages made with an automatic telephone dialing system or that use a prerecorded voice. Consent is not required in order to purchase goods and services from us or the lenders that reach out to you.

E-Consent

You agree that submitting your loan request acts as your electronic signature. You further consent that we and any lender we share your request with can communicate with you electronically and that any required disclosures may be provided to you electronically.

Disclaimers and Limitations

This website and the information, software, products and services associated with it are provided 'as is.' Vivaloan.com expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website and any information, software, products provided herein, including without limitation the warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Vivaloan.com makes no warranty as to the results that may be achieved by using this website and the information, software, products and services associated with it.

Use of this website and/or its services is at your own risk. Vivaloan.com and/or its participating lenders or advertisers or any of their officers directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages or other injury arising out of or in any way connected with the use of this website and/or its services with the delay or inability to use this website, or for any information, software, products and services obtained through this website, or otherwise arising out of the use of this website, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Vivaloan.com or its participating lenders have been advised of the possibility of damages.

Vivaloan.com is available to United States residents only. Use of Vivaloan.com from users outside the United States is prohibited. Vivaloan.com makes no representation that materials on the site are appropriate or available for use in locations other than the United States.

Indemnity

As a condition of using this web site and/or the services offered herein, you agree to indemnify Vivaloan.com and its participating lenders from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.

Links to Third Parties

This web site may contain links to other web sites operated by participating lenders or other third parties. Such links are provided for your convenience and reference only. Vivaloan.com does not operate or control in any respect any information, software, products or services available on such third party sites. Vivaloan.com's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Trademark and Intellectual Property

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the site, are registered and unregistered Trademarks of Vivaloan.com. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any content on the site without the written permission of Vivaloan.com.

Other Terms

These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and Vivaloan.com. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely resembles the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by Vivaloan.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Vivaloan.com may amend these Terms at any time by posting the amended terms on its web site. Your continued use of the site after any modification will act as an agreement to the Terms of Use as modified. All amended terms are automatically effective immediately, upon posting.

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