Last updated: July 30, 2021
The following are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Loaner LLC, its subsidiaries, affiliates, and agents (“Loaner”, “us”, “we”, or “our”) which govern your use of Loaner’s mobile application (“App”) and Loaner’s website, loanerfinance.com, (the “Website”) and the products and services offered, operated, or made available by Loaner through the App (collectively, the “Services”). The Services, App, and Website are owned and operated by Loaner, and are being provided to you expressly subject to this Agreement. By accessing, browsing, or using the App, Website, or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Loaner, and this Agreement governs your use of the App, Website, and Services.
THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. SEE SECTION 20 BELOW FOR ADDITIONAL INFORMATION.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the App, Website, or Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the App, Website, or Services.
To use the App, Website, or Services and to accept the Agreement, you must be a legal resident of the United States, of legal age to form a binding contract with Loaner, and not prohibited by law from using the App, Website, or Services.
2. MODIFICATION OF AGREEMENT
Loaner reserves the right to amend this Agreement at any time and will notify you of such changes by posting the updated Agreement on our Website. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the App, Website, or Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Loaner may terminate, suspend, change, or restrict access to all or any part of the App, Website, or Services without notice or liability.
4. USER INFORMATION ACCURACY AND UPDATES
To access the Services, you must create a user account in the App. This process includes the creation of a password to access the App and Services. When you create a user account, you agree to provide accurate, current, and complete information, including but not limited to your legal name, date of birth, street address, email address, phone number, and social security number, in connection with the Services or as otherwise requested by Loaner for such information (“User Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the App and Services.
In order to use any portion of the Services, Loaner may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the App and/or Services.
Should any of your User Information change, you agree that you will update this information as soon as possible. To update your User Information, log into the App, navigate to the profile section, click the personal info section, and update your User Information accordingly.
Should you believe or have reason to believe that any of your User Information, including your password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at email@example.com.
5. SERVICES OVERVIEW
Loaner offers a variety of products and services, collectively referred to in this Agreement as the “Services.” The Services include, but are not limited to:
- Banking Services:
- A subscription-based suite of products and services, including but not limited to a Loaner demand deposit account (“Loaner Spending Account”), Loaner virtual debit card (“Loaner Virtual Card”), and funds transfers to a linked bank account at a third party depository institution (your “Linked Account”). The Loaner Spending Account and Loaner Virtual Card are made available by BANKING PARTNER (“Our Bank”), a member of the Federal Deposit Insurance Corporation, in partnership with Loaner.
- See Section 7.1 for additional details.
- Finance Management Services:
- A subscription-based suite of products and services including but not limited to features that help you manage your spending and avoid bank overdraft fees from your Linked Account.
- See Section 7.2 for additional details.
- Cash Advance Service:
- Free advances of funds which may help you pay for expenses that could otherwise result in an overdraft of your bank account.
- See Section 8 for additional details.
6. THIRD-PARTY AND LOANER SPENDING ACCOUNT INFORMATION
To use the Services, you agree to allow Loaner to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). This includes information maintained by Our Bank for Loaner Spending Accounts and Loaner Virtual Cards. Loaner works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes, and to offer you other Loaner products and services. By using the Services, you authorize Loaner to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By accepting this Agreement, you agree that you are responsible for keeping any usernames, passwords, or other credentials you provide to us so we can retrieve this Third-Party Account Information securely, and for keeping those usernames, passwords, or other credentials updated in the App. With the exception of information related to your Loaner Spending Account or Loaner Virtual Card, Loaner does not review the Third-Party Account Information for accuracy, legality, or non-infringement, and Loaner is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
7. SUBSCRIPTION SERVICES
7.1 Banking Services
If you open a Loaner Spending Account and obtain a Loaner Virtual Card, you will be able to manage your account and card, view your transaction history and other account information, perform certain transactions, and access various features of your account and card using the Banking Services through the App. Your use of the Banking Services in the App is governed by this Agreement. However, the Loaner Spending Account, Loaner Virtual Card and any transactions you make on your Loaner Spending Account or Loaner Virtual Card (including transactions you initiate through the Banking Services) are covered by the BANKING TOS AGREEMENT.
7.1.1 Available Features and Transactions
The Banking Services allow you to perform the following functions and transactions on your Loaner Spending Account and Loaner Virtual Card:
- View your balance and at least the last ninety (90) days of transaction history;
- Transfer funds between your Loaner Spending Account and Linked Account;
- Access your Loaner Virtual Card;
- Update your relevant User Information;
- Obtain customer service through the App’s support portal;
- Other features which may be offered in the future.
7.1.2 Account Information, Balances and Transaction History
The account information that you access through the Banking Services will generally be current as of the business day you access it, unless otherwise specified.
7.1.3 Linked Account Transfers Applicable Terms
Transfers between your Loaner Spending Account and Linked Account are governed by the BANKING TOS AGREEMENT. Transaction limits may apply to Linked Account transfers, as described therein.
7.1.4 Fast Transfer Fees
You can request that we expedite the transfer of your Loaner Spending Account available balance to your Linked Account by paying an optional fee (the “Fast Transfer Fee”). If you choose to pay the Fast Transfer Fee, we will use a delivery method that is faster than our standard ACH option to transfer your funds. The amount of the Fast Transfer Fee will be equal to the greater of either: $2.30, or 2% of the requested transfer amount.
When you request to transfer your Loaner Spending Account available balance and are given the option to expedite its transfer, we will disclose the amount of the Fast Transfer Fee to you in the App before you confirm the transaction. The Fast Transfer Fee is payable at the time of the transfer and is deducted from the transfer amount.
Only owners of a Loaner Spending Account are permitted to access that account through the Banking Services. By using the Banking Services, you agree that we and Our Bank are entitled to act on transaction or any other instructions we receive from your Loaner user account for the App, and you agree that any actions taken from your Loaner user account will have the same effect as a signature authorizing the transaction or other action. We reserve the right to deny transactions, or any other actions you authorize through the Banking Services, for any of the following reasons, as well as any reasons described in the BANKING TOS AGREEMENT:
- If you do not have sufficient available funds in your Loaner Spending Account to make a transfer or payment;
- If the Banking Services or your mobile device are malfunctioning;
- If circumstances beyond our control prevent us from making a transfer, payment, or fulfilling an action that you request;
- If funds in your Loaner Spending Account are subject to legal process, or other encumbrance, restricting a transaction, transfer, or payment;
- If you do not give complete or correct instructions for a transfer, payment, or transaction;
- If you do not follow the procedures in this Agreement or any other agreement you have with us or Our Bank;
- If any of your User Information has been reported lost or stolen, if we canceled or disabled your user account and/or password, or if we have disabled the Banking Services;
- If we have reason to believe that you or someone else is using the Banking Services for fraudulent or illegal purposes, or if we believe that a person other than you is accessing your Loaner user account.
7.2 Finance Management Services
Our Finance Management Services allow you to track your income and expenses, view monthly spending summaries, and be notified if and when your Linked Account passes below a balance threshold that you select, helping you to avoid overdraft fees.
7.3 Subscription Fee
Loaner’s Banking Services and Finance Management Services (collectively, the “Subscription Services”) are collectively subject to a $1 per month subscription fee (the “Subscription Fee”). We require a Linked Account for payment of the Subscription Fee. Your Subscription Fee will be billed on a monthly basis. To cancel your subscription, you must do so either through the App, or by notifying us via email at firstname.lastname@example.org that you wish to end your monthly subscription.
If Loaner does not charge you your Subscription Fee because your Linked Account does not contain sufficient funds, or if our attempt to charge you is declined, Loaner reserves the right to terminate your access to the Subscription Services. Loaner also reserves the right to collect any accumulated unpaid fees.
7.4 Pausing Your Subscription
You can pause your subscription through the App. Pausing your subscription allows you to temporarily disable access to the Subscription Services, without deleting your App user account. You will not be charged the Subscription Fee for subsequent billing periods while your subscription is paused. Once paused, your subscription will remain paused until you instruct us to resume your subscription. You may pause and resume your subscription at any time in the App.
8. CASH ADVANCE SERVICE
8.1 Cash Advance Service Overview
Loaner offers free cash advances (individually, a “Cash Advance”) based on your Linked Account’s transaction history, as part of our Cash Advance Service. A successful, current connection to a Linked Account is required in order to qualify for a Cash Advance. An active Loaner Spending Account is required in order to receive a Cash Advance. Our Cash Advance Services are provided free of any compulsory charge, if and when elected by qualifying Loaner users.
Qualifying users may log into the App and request a Cash Advance at any time. Additionally, as an active Subscription Service user, if we detect that you are likely to have insufficient funds in your Linked Account or Loaner Spending Account for upcoming transactions based on your current balances and previous transaction history, we may alert you to the possibility of insufficient funds via the App, mobile push notifications, text or SMS messages (“Text Messages”), and/or email, and offer the option of a free Cash Advance as a potential preventative solution. In all cases, you must affirmatively confirm your choice to receive a Cash Advance. The maximum amount that you qualify to receive for each Cash Advance is based on a criteria including but not limited to an analysis of the transaction history of your Linked Account. The maximum Cash Advance amount is generally $250. We reserve the right to adjust Cash Advance amounts and our eligibility criteria at any time.
All Cash Advances are free. You may choose to make optional, voluntary payments referred to as ‘Tips’ in appreciation of the Cash Advance Service provided. Your choice of ‘Tip’ does not affect your eligibility to receive Cash Advances, your ability to access Cash Advances, the amount of Cash Advances that you qualify for, your access or eligibility for any other Services offered by Loaner, or any fees associated with other Services offered by Loaner.
8.2 Cash Advance Repayment
Each Cash Advance is repayable in one installment. A Cash Advance is considered to be outstanding from the time you request it until you successfully repay it. You may have only one Cash Advance outstanding at any given time. The Cash Advance repayment consists of the Cash Advance principal amount plus any optional Tip amount. Loaner reserves the right to charge your Linked Account or Loaner Spending Account for the Cash Advance repayment anytime on or after the pay back date selected by you in the App. Loaner warrants that it has no legal or contractual claim against you based on a failure to complete a Cash Advance repayment, however Loaner reserves the right to deny and/or revoke access to any further Cash Advances, or any other Services, while any amount remains unpaid under the Cash Advance Service. In the case of your failure to complete a Cash Advance repayment, Loaner warrants that it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Loaner does not waive any rights regarding fraudulent activity, and Loaner reserves the right to pursue any instance of fraud.
Loaner is not responsible for any overdraft fees, over limit fees, insufficient funds charges, or any other bank fees that result from a failure to maintain sufficient balance in your Linked Account or Loaner Spending Account, and makes no warranties that overdraft fees, over limit fees, insufficient funds charges, or any other bank fees will not occur.
Tips, Fast Transfer Fees, and the Subscription Fee are non-refundable.
10. CREDIT AND DEBIT AUTHORIZATION
If you enroll in the Subscription Services, you authorize Loaner to electronically debit your Linked Account for the Subscription Fee each month, and to electronically debit and credit your Linked Account to correct erroneous debits and credits when applicable.
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) as provided herein and will remain in full force and effect until you notify Loaner that you wish to revoke this authorization by contacting us through the support portal in the App. You must notify Loaner at least three (3) business days before the scheduled debit date in order to cancel this authorization.
You agree to indemnify and hold Loaner harmless from and against any loss incurred as a result of its withdrawal of a pre-authorized debit transaction from your Linked Account if your communicated request to us does not clearly state its intent to revoke this authorization, is not sent at least three (3) business days before the scheduled debit date, or if your previous Linked Account is no longer successfully connected to Loaner. If you have followed the instructions in this section to adequately notify Loaner of your desire to revoke your authorization, Loaner will be liable for your losses or damages directly caused by our failure to stop any pre-authorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, at our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent that you have the right to authorize Loaner to debit and credit your Linked Account for payments due to Loaner under this Agreement. If your Linked Account is a joint account, you warrant and represent that you have the authority to both bind the absent account holder(s), and enter into this Agreement independently. You agree to indemnify and hold Loaner harmless from any claims by any other owner of the Linked Account.
You represent that you are capable of storing a copy of this electronic authorization for your records, and that the credit and debit transactions that you request comply with applicable law.
11. ELECTRONIC DISCLOSURE AND CONSENT
By choosing to use the App or Services, you agree to communications being provided in electronic form, as described in the Electronic Disclosure And Consent Agreement.
12. TEXT MESSAGES AND PHONE CALLS
You consent to receive Text Messages, and phone calls, including pre-recorded, artificial voice, or auto-dialed calls, from Loaner or anyone calling on our behalf at the number you provided to us (“Your Phone”), with information related to the Services, or questions about your use of the Services and/or App. You certify, warrant, and represent that Your Phone is your contact number. You represent that you are permitted to receive calls and Text Messages on Your Phone. You agree to promptly update Your Phone in the profile section of your Loaner user account in the App, or alert us, if and when you stop using the number listed as Your Phone. Loaner and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone calls, voice messages, Text Messages, emails, or other means of communication.
Standard messaging and data rates may apply to all Text Messages. We may modify or terminate our Text Message services from time to time, for any reason, and without notice, including the right to terminate Text Messaging with or without notice, without liability to you.
13. LIMITATIONS OF USE
You agree to use the App, Website, and Services only for lawful purposes. You are prohibited from any use of the Services or App that would constitute a violation of any applicable law, regulation, rule, or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the App or Services, including but not limited to unauthorized entry into Loaner’s systems, misuse of passwords, or misuse of any information posted on the App, Website, or through the Services is strictly prohibited. Loaner makes no claims concerning whether use of the App, Website, or Services is appropriate outside of the United States. If you access the App, Website, or Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree that you will not attempt to:
- Reverse engineer, disassemble, decompile, or decipher the App, Website, or Services or software comprising the App, Website, and Services;
- Navigate or search the App, Website, or Services with any tool, software, agent, engine or other means;
- Use a means other than Loaner’s provided interface to access the App, Website, or Services;
- Use the App, Website, or Services in a manner that could impair, overburden, damage, or disable any portion of the App, Website, or Services;
- Mirror any material contained on the App, Website, or Services.
Loaner reserves the right to take action against you if we believe you have engaged in any activities restricted by this Agreement or by laws or regulations. Loaner reserves the right to take action to protect Loaner, other users, and other third parties from any liability, fees, fines, or penalties. Loaner may take actions including but not limited to:
- Updating information you have provided to us so that it is accurate;
- Limiting or completely closing your access to the App, Website or Services;
- Suspending or terminating your ability to use the App, Website, or Services on an ongoing basis;
- Taking legal action against you and holding you liable for the amount of damages caused by your violation of this Agreement.
14. INTELLECTUAL PROPERTY RIGHTS
The App, Website, and Services are owned and operated by Loaner. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Loaner Assets”) are owned exclusively by Loaner or the licensors or suppliers of Loaner and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing in the App, Website, or Services should be construed as granting, by implication, or otherwise, any license or right to use any of the Loaner Assets displayed in the App, Website, or Services, without Loaner’s prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any Loaner Assets found in the App, Website, or Services unless in accordance with written authorization by us. Loaner prohibits the use of any Loaner Assets as part of a link to or from the App, Website, or Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Loaner Assets, or whether any mark or logo is a Loaner Asset, should be referred to Loaner. All rights related to the Loaner Assets are hereby reserved.
You agree that the Loaner Assets may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Loaner. You acknowledge that the Loaner Assets are and shall remain the property of Loaner. You may not modify, participate in the sale or transfer of, or create derivative works based on any Loaner Assets, in whole, or in part.
Loaner may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the App, Website, or Services at any time, with or without cause, in Loaner’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the App, Website, or Services: sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the App, Website, or Services.
Loaner further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the App, Website, or Services at any time with or without notice.
16. DISCLAIMER OF WARRANTIES
THE APP, WEBSITE, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LOANER AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “LOANER PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE APP, WEBSITE, OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP, WEBSITE, OR SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE LOANER PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE APP, WEBSITE, OR SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE LOANER PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE APP, WEBSITE, OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
17. NO LEGAL TAX OR FINANCIAL ADVICE
LOANER DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE APP, WEBSITE, OR SERVICES. LOANER IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. LOANER ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. LOANER WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. LOANER DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, LOANER IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND LOANER IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. LOANER IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.
18. LIMITATION OF LIABILITY
THE LOANER PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, WEBSITE, OR SERVICES, THE LOANER ASSETS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE APP, WEBSITE, OR SERVICES, EVEN IF LOANER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LOANER PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE APP, WEBSITE, OR SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE APP, WEBSITE, OR SERVICES. IN NO EVENT WILL THE LOANER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). 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 APP, WEBSITE, OR SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Loaner Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the App, Website, or Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Loaner reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Loaner.
20. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN Section 20.3 BELOW.
20.1 Election to Arbitrate. You and Loaner agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 20 (the “Arbitration Provision”), unless you opt out as provided in Section 20.3 below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 20.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
20.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
20.3 Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to email@example.com, within sixty (60) days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
20.4 Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to firstname.lastname@example.org at any time.
20.5 Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: http://www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: http://www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
20.6 Arbitration Fees. If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
20.7 Appeals. Within thirty (30) days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within thirty (30) days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
20.8 No Class Actions. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 20.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 20.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
20.9 Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 20.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 20.8 are finally adjudicated pursuant to the last sentence of Section 20.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
20.10 Judicial Forum for Claims. Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Loaner agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Loaner consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
20.11 WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
21. GOVERNING LAW AND VENUE
Except for Section 20 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of California, without regard to conflict-of-law rules.
22. ELECTRONIC FUNDS TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Linked Account that restrict your ability to make electronic funds transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account.
The disclosures in this Section 22 apply to all Services described in this Agreement, except the Loaner Spending Account, Loaner Virtual Card, or any transfers between your Linked Accounts and your Loaner Spending Account. For information and disclosures applicable to your Loaner Spending Account, Loaner Virtual Card, or transfers between your Linked Account and Loaner Spending Account, please refer to the BANKING TOS AGREEMENT.
- Electronic Funds Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account or your Loaner Spending Account. Electronic Funds Transfers include such electronic transactions transfers initiated via the App.
- Preauthorized Electronic Funds Transfer: An Electronic Funds Transfer that you have authorized in advance to occur once or at substantially regular intervals.
- Unauthorized Electronic Funds Transfer: an Electronic Funds Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and/or from which you do not benefit. If you give access to your App user account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
22.2 Your Liability.
- Authorized Transfers: You are liable for all Electronic Funds Transfers that you authorize, whether directly or indirectly.
- Unauthorized Transfers: Tell us at once if you believe your App password has been lost or stolen or if your App user account has been, or may have been, subject to Unauthorized Electronic Funds Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your Linked Account and/or Loaner Spending Account.
- If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Funds Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen App password or of any other suspected Unauthorized Electronic Funds Transfers, the time periods specified in this Section 22.2 may be extended for a reasonable period.
22.3 Business Days. For purposes of this Section 22, Loaner business days are Monday through Friday, holidays excluded.
22.4 Types of Transfers; Limitations. You may use the Services to request and receive Cash Advances to your Loaneer Bank Account, to repay such Cash Advances on the days you request, to pay voluntary Tips to Loaner, to pay optional Fast Transfer Fees, and to pay the monthly Subscription Fee. Any limitations regarding Cash Advance amount, tip amount or Subscription Fee amount will be displayed to you through the Services. Through the App you may also authorize recurring preauthorized Electronic Funds Transfers from your Linked Account or debit card to pay for the Subscription Fee. See Section 10 for more information about stopping payment of preauthorized Electronic Funds Transfers.
Transfers between your Linked Account and Loaner Spending Account are governed by the BANKING TOS AGREEMENT. Please refer to that agreement for information concerning any limitations that may apply to these transfers and payments.
22.5 Fees. Access to the Subscription Services are subject to the Subscription Fee, as described in Section 7. Loaner charges no compulsory fees for utilizing a Cash Advance, as described in Section 8. You may choose to pay a Fast Delivery Fee to expedite the transfer of funds from your Loaner Spending Account to your Linked Account, as described in Section set forth in Section 7.1.4.
22.6 Documentation. Your Cash Advance, transaction, and subscription histories can be viewed in the App by logging in, and tapping the user icon to navigate to the profile section, and tapping “Advance History”, or “Account Statements”, or “Membership” then “Subscription History”. You are responsible for reviewing payment history and Loaner Spending Account transaction history and for maintaining copies for your records.
22.7 Our Liability. See Section 16 and Section 18 above. If Loaner does not debit or credit your Linked Account or Loaner Spending Account in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions for which we will not be liable, including but not limited to:
- If, through no fault of our own, you do not have enough money in your Linked Account or Loaner Spending Account to make a payment;
- If the Linked Account or Loaner Spending Account is closed or does not contain sufficient funds to complete the payment, or the charge is rejected or returned by your bank or financial institution;
- If the Services were not working properly and you were aware of the issues when you started your payment;
- If we cannot complete a payment due to fraud or attacks on our systems or the Services;
- If circumstances beyond our control prevent a payment, despite reasonable precautions we have taken;
- There may be other exceptions stated in our Agreement with you.
22.8 Confidentiality Related to Electronic Funds Transfers. We will disclose information to third parties about the Electronic Funds Transfers you make through the Services:
- Where it is necessary for completing the Electronic Funds Transfers; or,
- In order to comply with government agency or court orders; or,
- If you give us written permission; or,
22.9 Error Resolution
In case of errors or questions about your Electronic Funds Transfers, contact us via the App’s support portal. If you think your Linked Account statement, receipt, or payment history within the App are wrong, or if you need more information about a transfer listed on the statement, receipt, or within the App, contact us immediately. We must hear from you no later than ninety (90) days after the statement or receipt was delivered to you. In your notification to us, you must:
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Linked Account or Loaner Spending Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new App user accounts, we may take up to ninety (90) days to investigate your complaint or question. For new App user accounts, we may take up to twenty (20) business days to credit your Linked Account or Loaner Spending Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE SERVICES MUST BE DIRECTED TO LOANER, AND NOT TO THE FINANCIAL INSTITUTION WHERE YOU HAVE YOUR LINKED ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR FINANCIAL INSTITUTION. If you have any questions about one of these transactions, contact us via the App support portal, or write us at the following address:
Loaner LLC, 651 N Broad St, STE 205 #5703 , Middletown, DE 19709
If your App password is compromised, notify us immediately via the App support portal or the mailing address listed above.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if Loaner does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Loaner has under applicable laws, that this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
25. GENERAL PROVISIONS
26. CONTACTING LOANER
Any inquiries regarding this Agreement should be submitted to us either via the App support portal, by email at email@example.com, or by mail to Loaner LLC, 651 N Broad St, STE 205 #5703, Middletown, DE 19709.