- OWNERSHIP OF SITE. RockLoans Marketplace LLC d/b/a F.A.C, a Michigan limited liability company (“F.A.C,” “F.A.C,” “we,” “us,” “Company,” or “our”) owns and operates this Site. You acknowledge and agree that all content, web pages, source code, calculations, products, materials, data, information, text, screen, functionality, services, design, layout, screen interfaces, “look and feel,” and the operation of this website (collectively, “Site Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks, and you do not acquire any rights by downloading or viewing any Site Content. You agree that F.A.C and all logos related to our products and Services are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks and/or trade dress. You may not copy, imitate, or use them without our prior written consent.
- LOAN REQUESTS. You may be presented with the opportunity to apply for a loan through the Site. When you apply for a loan, you agree to provide current, complete, and accurate information about yourself. You agree that you will not, in connection with any Services, misrepresent your identity, or describe, present, or portray yourself as a person other than yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Site and our Services. We reserve the right to decline any application for a loan. You agree that if you request a loan through our Site you will not be requesting a loan for any illegal or illicit purpose. You acknowledge and agree that your loan request may not be funded. You agree that we will initially do a soft credit pull and that any offer of credit to you will be contingent upon a hard credit pull which we will complete prior to you signing the Loan Agreement to ensure your credit has not changed. You acknowledge and agree that the terms of any offer of credit to you will change from day-to-day and to some extent hour-by-hour and if you leave the Site or your loan application process, any rate and term information you were quoted on the Site may change. Completed loan applications expire after 30 days unless otherwise agreed upon in writing.
- SIGN IN AND PASSWORDS. If you apply for a loan through the Site, you will be required to create an account and password. You agree that you will protect and maintain the confidentiality of any user identification, password, or other identifying information you obtain through your use of the Site and will not disclose this information to any third party. You agree that you will immediately contact F.A.C if you believe your user identification, password, or identifying information has been compromised, lost, or stolen. Note that F.A.C will never contact you through an unsolicited email or phone call requesting your username or password. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you provided your user identification, password, or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur before you have notified us that your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised and we have had a reasonable time to act.
- AUTOPAY DISCOUNT. Depending upon the time of your application, you may have been eligible to select a discounted rate if you chose autopay for your monthly payments. The autopay rate is a discount on the regular rate. If you do not select autopay and later elect to make payments by autopay you will not be eligible for a rate discount.
- PERMITTED USE. You agree that:
- you will only access or use this Site and transact business with us if you are at least 18 years old;
- by accessing and using this Site, you are also using Google Maps API and you assent to and agree to be bound by Google’s Terms of Service. F.A.C does not accept any responsibility for the content of Google’s Terms of Service.
You agree that you will not use or attempt to use this Site for any purpose other than personal consumer lending for your individual purposes with F.A.C as a bona fide client of F.A.C; you may not use or attempt to use this Site or any part of this Site for any purpose:
- that interferes with or induces a breach of the contractual relationships between F.A.C and its employees
- that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
- that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email, unsolicited commercial communications;
- that transmits any harmful or disabling computer codes or viruses;
- that harvests email addresses from this Site;
- that transmits unsolicited email to this Site or to anyone whose email address included the domain name under this Site;
- that interferes with our network services;
- that attempts to gain unauthorized access to our network services;
- that suggests an express or implied affiliation with F.A.C, its affiliates, or Cross River Bank (without the express written permission of F.A.C);
- that impairs or limits our ability to operate this Site or any other person’s ability to access and use this Site;
- that uses any methods, means, or devices to click on to this Site or cause a visit to this Site for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting consumer lending related business with F.A.C or Cross River Bank as a bona fide client of F.A.C or Cross River Bank;
- that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity
- that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engage in sexual conduct;
- that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
- that harms, threatens, harasses, abuses, or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates, or tends to incite the commission of a crime or other unlawful activities
- that dilutes or depreciates the name and reputation of Cross River Bank, F.A.C, or any of their affiliates;
- that transmits or uploads any content or images that infringes any third-party’s intellectual property rights or infringes any third-party’s right of privacy; or
- that unlawfully transmits or uploads any confidential, proprietary, or trade secret information
- RESTRICTIONS ON USE. You agree to abide by all applicable laws and regulations in your use of the Site and our Services. In addition, you agree that you will not do any of the following:
- apply for more than one loan (if you have a loan), or apply for a loan 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;
- harvest or 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.
- COPYRIGHT COMPLAINTS. If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at email@example.com, or via regular mail at F.A.C, Attn: Legal Team, 1274 Library Street, 2nd Floor, Detroit, Michigan 48226. In your notification, please:
- confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
- identify the copyrighted work or works you claim have been infringed;
- identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
- provide your contact details, including an email address; and
- provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
- YOUR COOPERATION NEEDED. F.A.C generally begins processing your application upon your submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information F.A.C may need from third-parties such as your bank or employer, etc. In addition, you agree to notify F.A.C of any changes in any information submitted in connection with your application.
- NOTIFICATIONS. F.A.C may provide you with notices via email and regular mail at the most recent address you have provided, or through posting information on this Site, as allowed under the law.
- NO WARRANTY; ERRORS; DISCLAIMERS. ALTHOUGH WE WILL USE REASONABLE EFFORTS TO PROVIDE AN ACCURATE SITE AND SERVICES, THE SITE AND OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “FAC PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITE, THE SERVICES, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU AND ANY OTHER PRODUCTS AND RELATED MATERIALS AND/OR SERVICES PROVIDED TO YOU BY ANY OF THE F.A.C PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND WORKMANLIKE EFFORT; (II) AS TO THE QUALITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR THE SERVICES OR ANY ASPECT THEREOF; (III) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (IV) RELATING TO THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION, OR PROMISE BY ANY F.A.C PARTY; AND (V) THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE F.A.C PARTIES MAKE NO WARRANTIES.
ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF SERVICE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.
- ACCESS TO SITE. F.A.C reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of the Site.
- LINKING. The Site may, from time to time, provide links to other websites. F.A.C does not endorse, approve, sponsor, or control, and we are not in any way responsible for, any of the content, services, calculations, information, products, or materials that you may receive through any website where we may have provided a link. Through use of this Site, you acknowledge and agree that F.A.C will not be responsible for or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculations, information, products, or materials.No Advertising / No Links. F.A.C does not permit third-party advertising on this Site. Except with the express written permission of F.A.C, you agree that you will not create links from any website or webpage to this Site or any webpage within this Site.
- FOR SOUTH DAKOTA RESIDENTS ONLY. If you have any comments or concerns about any improprieties in making the loan or in loan practices, you can refer those concerns to the South Dakota Division of Banking, 1601 N Harrison Ave, Suite 1, Pierre SD 57501 Phone: 605-773-3421 email: firstname.lastname@example.org
- FOR WISCONSIN RESIDENTS ONLY. For married Wisconsin residents, by submitting your application you are confirming that this loan (if granted) is being incurred in the interest of your marriage and your family. No provision of a marital property agreement, unilateral statement under §776.59 of the Wisconsin Statutes or court order under §776.70 of the Wisconsin Statutes adversely affects the interests of a lender unless the lender, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the lender is incurred. If the loan for which you are applying is granted, you will notify the lender if you have a spouse who needs to receive notification that credit has been extended to you.
- FOR CALIFORNIA RESIDENTS ONLY. This section details your rights under the California Consumer Privacy Act, effective January 1, 2020.Data Collection and Data Sharing
These are the types of data we might collect about you:
- Any personal data described in subdivision (e) of Section 1798.80 of the California Consumer Privacy Act
- Characteristics of protected classifications under California or federal law
- Commercial data
- Biometric data
- Internet or other electronic network activity data
- Geolocation data
- Sensory data
- Professional or employment data
- Education data
- Inferences drawn from any of the data used to create a customer profile
We might share your data with third parties for business purposes or for any of these reasons:
- Detecting fraud
- Providing services
- Internal research
- Quality control
With your consent, we might share your personal data with third parties, including our affiliates, mortgage partners and service providers, for these reasons:
- Business purposes
- Pre-populating your information to make your experience easier
22.1 Sale of Data
You have the right to opt-out of the sale of your data to third parties.
To exercise this right, please contact us.
22.2 Your Privacy Rights
If you’d like to review, access, revise or delete personal data we’ve collected about you, please contact us.
22.3 Right to Know
You have a right to know what personal data we’ve collected about you, what data we’ve sold, who we’ve sold your data to, and what data we’ve shared for business purposes.
To exercise this right, please contact us.
22.4 Right to Access
You have the right to see what specific pieces of data we have about you, and to get this data in a portable and easily accessible format.
To exercise this right, please contact us.
22.5 Right to Delete
You have the right to request that we delete your data. We’re legally required to keep some data about you, but we’ll delete everything we can. Keep in mind that we might reacquire some of your data if we purchase data from a third party.
To exercise this right, please contact us.
22.6 How to Contact Us About Your Data