Lend Wise Funding Terms & Conditions
Effective: August 28, 2023
Loan Referral Service
Loan Referral Service
Lend Wise Funding is not a lender and does not make loans or credit decisions. Lend Wise Funding does not guarantee that any Lender Partner will offer you a loan or that any loan offer will contain any specific loan terms or conditions. Lend Wise Funding does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by Lender Partners through the Service are the best terms available in the market.
Once you submit a Request Form, Lend Wise Funding shares your information with our Lender Partners. By submitting a Request Form, you understand and agree that you requesting loan offers from the Lender Partners. You are also agreeing that Lend Wise Funding and the Lender Partners may contact you by any means (including email, telephone, SMS, and direct mail) so that they may assist in processing your Request Form or provide information to you about additional offers now or in the future.
Lender Partners who receive your Request Form review your information in real-time to determine whether your information meets the Lender Partner’s underwriting criteria. Lender Partners may use your Request Form information to perform a credit check. This credit check may be a formal credit inquiry which leaves a record on your credit report and may affect your credit score (a “Hard Check”). Or it could be an informal inquiry which will not affect your credit (a “Soft Check”). These credit checks may be performed through TransUnion, Equifax, or Experian (the “Big Three”) or they may be performed through other alternative credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau, or DataX) that track consumer transactions with lending institutions. By submitting your Request Form, you agree to allow Lender Partners to review, verify, and research your information in such a manner.
By Submitting your Request Form you agree to receive notifications, disclosures, and other documents and communications both from Lend Wise Funding and from our Lender Partners. If you are connected to a Lender Partner, that lender may require you to execute an electronic loan contract. This electronic loan contract will be as binding as a loan contract in paper form. And your electronic signature will be as valid as a physical signature on a paper loan contract.
The lender may also require you to consent to receiving all notifications regarding your loan electronically. These electronic communications may include attempts to collect a debt.
Additionally, the lender may require you to access documents related to a loan, including your loan contract. By Submitting your Request Form you agree to this form of access.
The lender may allow you to withdraw your consent to electronic disclosures. Please contact the lender with whom you were connected to learn more about this process. Please note, however, that not consenting to receive electronic disclosures may affect your ability to receive a loan from a Lender Partner.
Control over Features, Functions, and Access to the Service
Disclaimers and Limitations
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” LEND WISE FUNDING EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LEND WISE FUNDING MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK.
LEND WISE FUNDING OR THE LENDER PARTNERS 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 THE WEBSITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LEND WISE FUNDING OR THE LENDER PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
LEND WISE FUNDING DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR LENDER. LEND WISE FUNDING IS NOT AN AGENT OF YOU OR ANY PARTICIPATING LENDER. LEND WISE FUNDING IS NOT INVOLVED WITH THE LENDER’S USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A DETERMINATION ABOUT WHETHER YOU MEET A PARTICULAR LENDER’S UNDERWRITING CRITERIA. THE LENDER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT LEND WISE FUNDING WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT LENDER PARTNERS MAY KEEP YOUR REQUEST FORM INFORMATION, WHETHER OR NOT YOU ARE QUALIFIED FOR A LOAN WITH THEM.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF LEND WISE FUNDING, THE LENDER PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Links to Third Parties
Any claim or controversy arising out of or relating to the use of the Website, to the use of the Service, or to any acts or omission for which you may contend Lend Wise Funding is liable (a “Dispute”), will be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in New York, New York and judgment on the arbitration award may be entered into any court of competent jurisdiction. No arbitrator will have the power to award damages in connection with any Dispute in excess of actual compensatory damages and will not multiply actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH Lend Wise Funding IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING Lend Wise Funding’s SERVICE, YOU CONSENT TO THESE RESTRICTIONS.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Lend Wise Funding, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in New York, New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one year after such claim or cause of action arose or be forever barred.
SMS Terms & Conditions
By providing a mobile phone number you are opting in to communications via SMS from Lend Wise Funding and the Lender Partners. These communications may include a follow-up SMS message containing a link to your completed loan Request Form, payment reminders from Lender Partners, and future offers.
For additional support: firstname.lastname@example.org
Message and Data Rates May Apply. Under no circumstances will Lend Wise Funding be responsible for fees that your wireless carrier or other third parties may charge you for use of this service.
Messages may be delayed or undelivered for various factors. Carriers are not liable for delayed or undelivered messages.
You may direct any questions concerning these Terms to:
Lend Wise Funding