Terms of Use

This website and the services of MoneyKey and its licensed affiliates available via this website (the "Site") are provided subject to the terms described herein, together with those terms set forth in any MoneyKey loan application you may complete and submit, and any loan or line of credit agreement that may be entered into between you and MoneyKey, as applicable. If you visit the Site, you agree to be bound by these Terms of Use.

MoneyKey reserves the right to make changes at any time to the Site or these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

Trademarks and Copyrights

MONEYKEY, the MoneyKey logo and other marks displayed on the Site are the proprietary service marks or trademarks of MoneyKey and/or relevant third parties. MoneyKey's marks may not be used in connection with any product or service that is not MoneyKey's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit MoneyKey. All other trademarks and service marks not owned by MoneyKey that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MoneyKey. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.

All content on this Site, including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, are the property of MoneyKey or its licensors and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in, or to, any copyright, trademark, trade secret or other proprietary right of MoneyKey or any other person.

Use of the Site

The Site may include information regarding MoneyKey and its services, and/or other materials proprietary to MoneyKey, as well as links to third party websites. You may download, view, copy and print such information and materials and any other aspect of this Site (i) solely for your personal, non-commercial purposes; and (ii) provided that no proprietary notices or disclaimers therein are modified, obscured or altered.

You agree you will not interfere, in any way, with others' use of, or access to the Site, and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site.

You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using parsing or "framing technology," otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of MoneyKey. In addition, you agree not to link to any page of the Site other than the home page located at www.moneykey.com.

Unauthorized Use of the Site

MoneyKey reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site or any services provided via the Site. MoneyKey's decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of MoneyKey.

Feedback

Except where otherwise expressly provided by MoneyKey, all comments, feedback, information or other materials submitted to MoneyKey through or in association with the Site or any services provided via the Site (collectively, "Feedback") shall be considered non-confidential and MoneyKey's property. By submitting such Feedback to MoneyKey, you agree that you assign to MoneyKey, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that MoneyKey shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.

Links to Third Party Sites

You acknowledge that, at any time, MoneyKey may provide links to the websites of third parties via the Site. MoneyKey is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by MoneyKey of the linked site or any content therein. IN NO EVENT WILL MONEYKEY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MONEYKEY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHER, MONEYKEY MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL MONEYKEY OR ANY OF ITS AFFILIATES, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF MONEYKEY OR ANY OF ITS AFFILIATES (THE "MONEYKEY PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, INCLUDING ANY DAMAGES ARISING OUT OF ANY DENIAL BY MONEYKEY OF ANY LOAN APPLICATION SUBMITTED BY YOU OR ANY REFUSAL BY MONEYKEY TO FUND YOUR ACCOUNT (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the MoneyKey Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees, disbursements and court costs) arising from or in connection with (i) your use of the Site, or any content, information, materials or services contained, displayed or available therein; (ii) any denial by MoneyKey to approve any loan application submitted by you and/or refusal to fund your account; (iii) your violation of these Terms of Use; (iv) any Feedback provided by you to MoneyKey; or (v) your violation of any rights of any third party.

Modification or Discontinuance of the Site by MoneyKey

At any time, without notice to you, and for any or no reason, MoneyKey may modify or discontinue the Site or any content thereof. MoneyKey shall in no way be held liable for any consequence which results from MoneyKey's decision to modify or discontinue providing the Site or any content thereof.

Denial of Access

MoneyKey may prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you.

Privacy

The terms of the MoneyKey Privacy Policy are hereby incorporated as part of these Terms of Use. In addition, the following terms further describe our privacy practices, and are hereby incorporated into and made part of the MoneyKey Privacy Policy:

Sharing Information: We share your personally identifiable information as described in the MoneyKey Privacy Policy. In addition, we share your personally identifiable information with any and all affiliates, service providers, and/or other third parties as are necessary to effect the requested transaction in order to provide you with our services. Also, we may share in aggregate, statistical form, non-personal information regarding the visitors to the Site, traffic patterns, and Site usage with our partners and/or affiliates. Further, we will disclose information we maintain, including personally identifiable information, when required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority.

Modifications to Information: We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up-to-date. You may obtain from us, by email, the information in our records. If you wish to make any changes to any personally identifiable information you have provided to us, you may do so at any time by calling us at 1-866-255-1668.

Governing Law

The laws of the State of Delaware will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Site shall be brought in state or federal court in Delaware, and you consent to the jurisdiction of such courts.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. MoneyKey's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless MoneyKey agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and MoneyKey with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and MoneyKey with respect to such subject matter.

Contact

If you have any questions relating to these Terms of Use, the Site or MoneyKey, please contact: customercare@moneykey.com

Notice and Procedure for Making Claims of Intellectual Property Infringement

MoneyKey respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide MoneyKey the written information specified below. Please note that this procedure is exclusively for notifying MoneyKey that your intellectual property rights have been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

MoneyKey's agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:

Intellectual Property Agent

MoneyKey
3244 Old Capitol Trail
Suite 1613
Wilmington, Delaware 19808

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