Lenders Terms of Use

Lender Terms of Use

By registering/applying to participate in the services offered by LendFire.com (the “Site”) (collectively, the "Service"), owned and operated by Rule Incorporated LLC (with its subsidiaries, “LendFire”), lenders, financial institutions, originators, loan brokers, other professionals and their employees participating in the Service (each a "Lender") agree to be bound by the following Lender terms of use ("Terms of Use"). These terms will bind all Lenders who apply to or participate in the Service.

1. REGISTRATION/APPLICATION.

Each Lender applying to participate in the Service is required to submit an application/registration via the Site for review and initial approval, as well as a payment method for the applicable fee. LendFire reserves the right, in its sole discretion, to deny access to the Services to anyone at any time and for any reason, whatsoever. The registration data that Lender must supply on the Site in order to obtain the Services may include, without limitation: (a) full name and the name of the applicable lending entity; (b) full mailing address for the applicable lending entity; (c) telephone number for the applicable lending entity; (d) work e-mail address; (e) job title; (f) the applicable lending entity's website address; (g) the applicable lending entity's fax number; (h) the principals of the applicable lending entity; (i) if requested by LendFire, certain information and documents pertaining to qualifications as a lender including, without limitation, sample closing documentation, funding sources, etc.; and (j) any other information requested by LendFire on the applicable registration form (collectively, "Registration Data"). Lender agrees to provide true, accurate, current and complete Registration Data and to update the Registration Data as necessary in order to maintain it in an up to date and accurate fashion. LendFire will verify and approve all registrants in accordance with its standard verification procedures, which does not include verifying the accuracy of any information provided. Once an application is reviewed and approved, LendFire will send a confirmation e- mail to the e-mail address that Lender used to register for the Services and will set up the account ("Account").

2. SERVICE.

LendFire enables consumers to provide requests to Lenders for quotes on terms for various types of business loans. Lender will not receive an application, and its non-binding quotes are not intended to be official Loan Estimates. The consumer may choose to contact any particular Lender through the Service, in which case Lender agrees to respond promptly to the contact. LendFire also enables consumers to provide certain information to Lenders and (1) receive Lender contact information (“Contact,” which is included in the definition of “Service” for participating Lenders) or (2) request that Lenders pre-approve them for loans (“Pre-approval,” which is also included in the definition of “Service” for participating Lenders). Any loan or other business conducted is between Lender and the consumer and Lender is fully responsible for complying with all laws and regulations in connection with such business.

  • Lender Responsibility.

    Lender is solely responsible for its communication with and services for any consumer in connection with the Service. Lender agrees not to use the Service in any way that breaches any code of conduct, policy or notice on the Service. Each Lender agrees not to use the Service in any way that is unlawful, or harms LendFire, its service providers, suppliers or any consumer. Lender will indemnify LendFire and its affiliates, any of its or their and its and their officers, directors, employees, and agents from and against any and all claims, demands, costs, actions, suits, liabilities, losses, settlements, judgments, expenses and damages (including attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with (i) the Lender's use of the Service or any part of the Service, (ii) violation of these Terms of Use, (iii) any loan, other business, or other communication by the Lender with consumers or (iv) Lender’s violation of the Telephone Consumer Protection Act of 1991. The Service may include products or services provided by third parties with whom Lenders have written or other agreements. Lender’s rights and responsibilities with respect to such third parties are governed by such agreements and applicable law, and any disputes related to such agreements shall be between Lender and the third party only. LendFire assumes no responsibility for any defect in a product or service provided by such third parties or breach of agreements between Lender and such third parties.
  • Compliance with Laws.

    Lender will comply with all applicable federal and state laws and regulations in its application and in any business operations conducted pursuant to these Terms of Use. Lender shall ensure that the Lender and all of its business associates conducting business related to the Service are in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as lenders, brokers or any other regulated field or occupation, except as promptly disclosed to LendFire. Lender will only operate in, respond to quote requests and contacts from, and process requests for pre- approval from, jurisdictions where Lender is licensed or otherwise authorized to operate by applicable law. If Lender receives personal information about a consumer from LendFire, Lender agrees to maintain commercially reasonable safeguards to protect such information from unauthorized disclosure. Each Lender will cooperate with LendFire to investigate or enforce these Terms of Use, and applicable laws and regulations, and with any inquiry or investigation by regulators or law enforcement officials related to the Service.
  • Disclaimer.

    LendFire has not confirmed any information in any request for quote, or pre-approval, any information about the consumer submitting a request, or any information in a consumer rating or feedback about any Lender. LendFire is not a lender, loan originator, loan processor, or underwriter. LendFire does not aid or assist consumers in obtaining loans, solicit consumers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. LendFire does not take applications for credit or issue pre-approval letters. Any request for quotes or pre-approval is not an application for credit. LendFire does not endorse, refer or recommend any consumer, any Lender or the products of any Lender. Nothing contained in the Service is an offer to lend or a commitment for a loan, and LendFire does not guarantee information provided by any consumer, any specific loan terms and conditions offered by a Lender, or that a consumer will be offered any type of loan by any Lender. LendFire is not an agent of either the consumer or any Lender. LendFire is only providing an administrative service to consumers and Lenders. Decisions regarding pre- approval requests are made by participating Lenders and not LendFire. LendFire assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that Lender takes based on the Service and any other information or other material on the Service.
  • Interruption or Discontinuance.

    LendFire may interrupt or terminate a Lender’s participation in the Service or discontinue the Service at any time. Any Lender may cease to provide loan quotes or participate in any part of the Service at any time.

3. LENDER SERVICE FEES

In consideration for the ability to access the Lender Services, Lender agrees to pay the "Fees" (as provided in the account dashboard) at checkout. Fees do not depend on loan funding. LendFire does not receive loan applications, does not participate in any loan, and does not receive any fee that depends on which particular Lender a given consumer may choose to borrow from, whether an application is received, or whether a loan transaction is consummated.

All Fees are payable in United States currency, and such amounts will appear on credit card statements as "LendFire." ALL FEES ARE NON-REFUNDABLE. Notwithstanding the foregoing, Lender will receive a credit to its LendFire Account for any unverifiable or invalid contact information to be applied to future Fees in connection with Lender’s use of the Services, and for no other purpose.

Subject to the conditions set forth herein, Lender agrees to be bound by the LendFire pricing and/or billing provisions ("Billing Provisions") in effect at any given time. Upon reasonable prior written notice (with the posting of the changes on the Site sufficing), LendFire reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after the posting of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. In addition, Lender agrees not to hold LendFire responsible for any overdraft charges or fees that Lender may incur in connection with Lender’s use of the Services.

Fees are exclusive of taxes. Lender is responsible for paying (i) all taxes and government charges, and (ii) reasonable expenses and attorneys’ fees LendFire incurs collecting unpaid amounts. To the fullest extent permitted by law, Lender waives all claims relating to charges against the Lender’s account, including without limitation any claims for charges based on suspected fraud, (this does not affect the Lenders credit card issuer rights). Charges are solely based on LendFire's records and measurements, unless otherwise agreed to in writing. Nothing in these Terms of Use may obligate LendFire to extend credit to any party. Lender acknowledges and agrees that any credit card and related billing and payment information that Lender provides to LendFire may be shared by LendFire with LendFire service providers, such as payment processors. LendFire may also provide information in response to valid legal process, or to establish or exercise its legal rights or defend against legal claims. LendFire shall not be liable for any use or disclosure of such information by such third parties.

4. CANCELLATION

Lender may cancel the Account at any time; provided, however, that Lender will remain responsible for timely payment of any and all Fees that have already incurred (including any applicable late fees). Please have the Registration Data available for efficient processing of a cancellation order. Lender understands and agrees that cancellation of the Account is the sole right and remedy with respect to any dispute with LenderFire. Lender may cancel the Account by: (a) calling 1.888.542.4846; (b) e-mailing at admin@lendfire.com.

5. LICENSE

LendFire grants Lender a personal, nontransferable, nonexclusive license to use the Service as provided in these Terms of Use. Lender may copy materials from the Service only to provide services to consumers who contact Lender through the Service. Lender agrees otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Service.

In addition to and notwithstanding the foregoing, for so long as Lender maintains an account with LendFire, Lender grants LendFire an irrevocable, perpetual, worldwide license to use and publicize the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features of Lender in any medium or format whatsoever now existing or hereafter created for LendFire’s own advertising, publicity, promotion and other commercial and business purposes, without further consent from or royalty, payment or other compensation to Lender.

6. REQUIREMENTS

Lender registration/application must be completed by a duly authorized representative of Lender. By registering/applying for the Services, Lender represents and warrants that Lender: (a) is at least eighteen (18) years of age; (b) can enter into legally binding contracts under applicable law; and/or (c) are acting in the capacity as an authorized representative of the Lender on whose behalf s/he is attempting to register.

7. ACCOUNT USE; PRIVACY

For quotes submitted by Lender or other materials Lender provides to LendFire in connection with the Service (a "Submission"), Lender grants LendFire an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate the Submission, in connection with the Service, LendFire or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. LendFire will not pay Lender in connection with any Submission or based on the number of Submissions. LendFire may remove a Submission at any time. For each Submission, Lender represents and warrants that Lender has all rights necessary to grant LendFire the rights in this Section and that the Submission complies with Section 2 (Compliance with Laws) above. Each LendFire account is personal to Lender, and Lender may not share the account with others. Lender is responsible for all actions taken via the Lender's account. LendFire will treat use of the Service in accordance with its Privacy Policy.

8. CHANGES

LendFire reserves the right to change the Terms of Use, and each Lender is responsible for regularly reviewing these Terms of Use. Lender's continued use of the Service after the effective date of such changes will constitute acceptance of and agreement to any such changes. If Lender does not agree with the updated Terms of Use, Lender should discontinue use of the Service.

9. NO WARRANTY.

LENDFIRE PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE LENDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LENDFIRE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LENDFIRE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

10. LIABILITY LIMITATION

EXCLUSIVE REMEDY. IN NO EVENT WILL LENDFIRE OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR LENDER'S USE OF THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF LENDER'S EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF LENDER DOES NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR LENDER HAS ANY DISPUTE OR CLAIM AGAINST LENDFIRE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICE, THEN LENDER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND RECEIVE A REFUND OF ANY UNUSED FEES.

11. CHOICE OF LAW; DISPUTES

These Terms of Use are governed by the laws of the State of Nevada, without giving effect to its conflict of laws provisions. Lender agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Clark County, Nevada for any and all disputes, claims and actions arising from or in connection with the Service and/or these Terms of Use. In any dispute arising under these Terms of Use, the prevailing party will be entitled to attorneys' fees and expenses.

12. MISCELLANEOUS

If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. LendFire may assign these Terms of Use, in whole or in part, at any time with or without notice to the Lender. The Lender may not assign these Terms of Use, or assign, transfer or sublicense the Lender's rights, if any, in the Service. LendFire's failure to act with respect to a breach by the Lender or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between the Lender and LendFire with respect to the Service and supersede all prior or contemporaneous communications of any kind between the Lender and LendFire with respect to the Service. Lender's use of other LendFire services besides the Service are governed by the LendFire Terms of Use.