DISCLAIMER / TERMS OF USE NOTICE


ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

The Versara Lending, LLC service and network (collectively, “the Service”) are operated by Versara Lending, LLC, a Delaware corporation (“Versara,” “we,” or “us”). By accessing and/or using our website at www.versaralending.com, including any subdomain thereof (the “Site”), you (the “User”) signify that you have read, understand and agree to be bound by these terms of use (“Terms of Use”), regardless of whether you are a registered member of the Service. In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, “Users” means anyone who accesses and/or uses the Site. This is an important document which you must consider carefully when choosing whether to use Versara Lending, LLC. Section titles in this Terms of Use document are for reference purposes only and cannot be construed to affect the meaning of provisions therein.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.


COPYRIGHT © VERSARA LENDING, LLC 2017. ALL RIGHTS RESERVED

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Versara Lending, LLC unless otherwise indicated.


CHANGES AND MODIFICATIONS
We reserve the right to temporarily or permanently modify or discontinue the Site, or any portion of the Site, for any reason, without notice to you. We may also change these Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.


ELIGIBILITY
This Site is intended solely for Users who are eighteen (18) years of age or older, and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, Versara Lending, LLC may terminate your account, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.


REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your permission to use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Versara Lending, LLC, to keep it accurate, current and complete; (d) regularly review these Terms of Use for updates and changes; and (e) be fully responsible for all use of your account and for any actions that take place using your account. In consideration of your permission to use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Versara Lending, LLC, to keep it accurate, current and complete; (d) regularly review these Terms of Use for updates and changes; and (e) be fully responsible for all use of your account and for any actions that take place using your account.


CONTENT
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), is the proprietary property of Versara Lending, LLC, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Versara Lending, LLC’s prior written permission (in its sole and absolute discretion), except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.


Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Versara Lending, LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content that you upload, publish, provide or display (collectively, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively, the "User Content"). You understand and agree that Versara Lending, LLC may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of Versara Lending, LLC violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Versara Lending, LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.

The Site contains (or you may be sent through the Site or the Services) links to other websites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Versara Lending, LLC has no obligation to monitor the Site; however, you acknowledge and agree that Versara Lending, LLC has the right to monitor the Site electronically from time to time to disclose and information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself, Users or others.

USE OF INFORMATION AND MATERIALS
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Versara Lending, LLC’s web sites and systems including but not limited to unauthorized entry into Versara Lending, LLC’s systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Loans are NOT available in all geographic areas. Your eligibility for products and services is subject to final determination by Versara Lending, LLC and/or its affiliates.


RESTRICTIONS ON USE
You agree to abide by all applicable laws and regulations in your use of the Site and/or the Service. In addition, you agree that you will not do any of the following:


  • Register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
  • Post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
  • Post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful or otherwise objectionable; that restricts or inhibits any other person from using or enjoying the Site; or that may expose us or our users to any harm or liability of any type;
  • Post or otherwise make available any unsolicited or unauthorized advertising, solicitations or promotional materials, or any other form of solicitation;
  • Use the information or content on our Site to send unwanted messages to any other user;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • Post or otherwise make publicly available on the Site any personal or financial information of any third party;
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use the Site or our Services in any manner that could damage, disable, overburden or impair the Site;
  • Collect email addresses or other contact information of our users from the Site by electronic or other means, including via the use automated scripts; or post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

NO WARRANTY
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS”, “AS AVAILABLE”. VERSARA LENDING, LLC DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.


LIMITATION OF LIABILITY
IN NO EVENT WILL VERSARA LENDING, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF VERSARA LENDING, LLC, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.


SUBMISSIONS
All information about the Site or Service submitted to Versara Lending, LLC via this site shall be deemed and remain the property of Versara Lending, LLC and Versara Lending, LLC shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Versara Lending, LLC through this site. Versara Lending, LLC shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Versara Lending, LLC entity having the direct customer relationship or as otherwise specifically agreed or required by law.


INDEMNITY
You agree to indemnify, defend and hold harmless the Versara Lending, LLC Parties from and against any and all third party actions, suits, claims and/or demands and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) submitted content, use or misuse of any aspect of the Services or the Site, or your violation of these Terms of Use. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing or delivering the Site and/or the Services reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without our prior written consent and that of any such third party.


AVAILABILITY
AThis site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.


ADDITIONAL TERMS
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.


GOVERNING LAW
Use of this site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the State of Delaware. If you obtain a loan or co-sign a loan, the terms of the loan will be governed by federal laws and the laws of the state where the borrower resides at the time we provide the loan, to the extent not preempted, without regard to any principle of conflicts of laws. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Your obligations under these Terms of Use are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) your right to use the Site and/or the Services or any aspect thereunder, in whole or in part, without our prior written consent.


NOTICES TO US
We may send notices to you by facsimile, U.S. mail or E-mail. Except as otherwise stated in these Terms of Use, notice to Versara Lending, LLC must be in writing and sent by U.S. mail to: Versara Lending, LLC, Legal and Compliance Department, 711 3rd Avenue, 6th Floor, New York, New York 10017.


STATE LAW NOTICES
MARYLAND RESIDENTS ONLY: Lender elects to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 of the Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender’s authority under federal law (12 U.S.C. § 85, § 1463(g), or § 1831d, as appropriate) and related regulations and interpretations, which authority Lender expressly reserves.

MISSOURI RESIDENTS: ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS NOTE FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.

UTAH RESIDENTS: As required by Utah law, Borrower is hereby notified that a negative credit report reflecting on Borrower’s credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of Borrower’s credit obligations.


QUESTIONS
Please contact us via email at info@versaralending.com with any questions regarding these Terms of Use.