Terms and Conditions

Last Modified: January 18, 2024

Welcome to TheSmartLoans website located at 1007 N Orange St. 4th Floor, Wilmington, DE 19801, USA. You can contact us at (302) 316-6323 or via email at [email protected]. These Terms of Use, along with any referenced documents, govern your access to and use of our website (the “Website”) and any services offered through it (collectively, the “Services”).

Before using the Website, please read these Terms of Use carefully. By accessing or using the Website, or by clicking to accept or agree to these terms when prompted, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy, which can be found at https://thesmartloans.com/privacy-policy/. If you do not agree to these terms or our Privacy Policy, please do not access or use the Website.

We reserve the right to modify or update these Terms of Use at any time, and any changes will be effective immediately upon posting. It is your responsibility to review these terms periodically for updates. We will notify you of any material changes by posting a notice on the Website's homepage. Your continued use of the Website after any changes indicates your acceptance of the revised terms.

Please note that any disputes arising under these Terms of Use will be governed by the laws of the jurisdiction specified in the terms at the time of the dispute, unless otherwise agreed in writing.

Thank you for choosing TheSmartLoans. We look forward to serving you!

I. SERVICES TheSmartLoans provides users with access to information about various loans and financial products and services offered by third-party providers and advertisers. We act solely as an intermediary, connecting users with service providers to obtain information about financial products and services. It's important to note that we are not a financial institution, credit card issuer, or other financial service provider. Any information or advice provided through our services is for informational purposes only. We do not make coverage or credit decisions with service providers referred to you through our services, nor do we validate their qualifications or guarantee their terms or rates. Additionally, we do not issue credit cards or other financial products. The terms and rates provided by service providers are subject to their respective terms and conditions.

II. ELIGIBILITY Our Website and services are available to users who are 18 years of age or older and reside in the United States or its territories. By using our Website, you confirm that you are of legal age to form a binding contract with TheSmartLoans and meet all eligibility requirements. If you do not meet these requirements, you may not access or use our Website or services.

III. ACCESSING THE WEBSITE AND ACCOUNT SECURITY We reserve the right to modify or withdraw our Website, or any service or material provided on it, without notice. We are not liable if any part of the Website becomes unavailable at any time. Access to certain parts of the Website or the entire Website may be restricted from time to time. In order to access some services, you may need to provide contact information, such as your email address. All information you provide to us is governed by our Privacy Policy. To receive information about financial services and products from third-party providers, you may need to submit a request that includes personal information. You authorize service providers to conduct necessary research with your information to provide you with requested information. By providing us with contact information, you consent to receive communications from us, including via email, calls, and text messages. You may opt out of these communications by following the unsubscribe options in the email or contacting us directly. Additionally, by submitting information requests, you consent to be contacted by relevant service providers via email or telephone. Requests to opt out of such communications must be directed to the service provider.

IV. USAGE POLICY TheSmartLoans provides access to its services for your personal, non-commercial use exclusively. You agree not to utilize, reproduce, distribute, transmit, broadcast, sell, resell, or engage in any other activity with our services for any other purpose.

V. OWNERSHIP OF INTELLECTUAL PROPERTY The entirety of the Website, including its content, features, and functionality (referred to as the “Licensed Content”), is the property of TheSmartLoans, its licensors, or other providers of such material. It is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The SmartLoans name, logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of TheSmartLoans or its affiliates or licensors. You must obtain prior written permission from TheSmartLoans to use such marks.

TheSmartLoans grants you a personal, non-transferable, and non-exclusive right and license to use the Website and the Licensed Content on a computer or other device, provided that you do not allow any third party to copy, reproduce, distribute, reverse engineer, or otherwise exploit any content, code, data, or materials on the Website. You agree not to modify the Website in any manner or form or use modified versions of the Website for any purpose. Except as expressly permitted, no right, title, or interest in or to the Website or any Licensed Content is transferred to you. TheSmartLoans, its licensors, and other providers retain all respective rights and interests in and to the Website and the Licensed Content. Any unauthorized use of the Website or the Licensed Content is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You may use the Licensed Content only in connection with the use of our services and only as expressly permitted. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Licensed Content.

If you violate these Terms of Use by using, copying, modifying, downloading, or providing access to any part of the Website, your right to use the Website will immediately cease, and you must, at our discretion, return or destroy any copies of the materials you have made.

VI. USER CONTRIBUTIONS The Website may contain interactive features, such as message boards, that allow users to post content or materials (referred to as “User Contributions”). All User Contributions must comply with the Content Standards outlined in these Terms of Use. You are solely responsible for any User Contribution you post on the Website and its consequences. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user.

Any User Contribution you post on the Website is considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose such material for any purpose.

You represent and warrant that you own or control all rights to your User Contributions and have the right to grant the license above. All User Contributions must comply with these Terms of Use.

VII. PROHIBITED USES AND CONTENT STANDARDS You may use the Website and our services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the services:

  • In any way that violates any applicable law or regulation.
  • To exploit or harm minors or engage in any illegal activity.
  • To transmit any material that does not comply with the Content Standards.
  • To send any unauthorized advertising or promotional material.
  • To impersonate any person or entity.
  • To engage in conduct that restricts or inhibits anyone's use or enjoyment of the Website.
  • To post User Contributions that contain objectionable material.
  • To promote any illegal activity or deceive others.
  • To interfere with the proper working of the Website or the services.

Additionally, you agree not to:

  • Disable, damage, or impair the Website.
  • Use any automated device to access the Website.
  • Introduce any malicious material.
  • Attempt to gain unauthorized access to the Website.
  • Attack the Website.

VIII. MONITORING AND ENFORCEMENT; TERMINATION We reserve the right to:

  • Remove or refuse to post any User Contributions.
  • Take action with respect to any User Contribution that violates these Terms of Use.
  • Disclose your identity to any third party claiming violation of their rights.
  • Take legal action for any illegal use of the Website.
  • Terminate or suspend your access to the Website for any violation of these Terms of Use.

We may fully cooperate with law enforcement authorities in disclosing information about any violation. By using the Website, you waive any claims against TheSmartLoans and its affiliates, licensors, and service providers resulting from such actions. We do not review material before it is posted and assume no liability for user-generated content.

IX. DIGITAL MILLENNIUM COPYRIGHT ACT DMCA Notification. We adhere to the regulations outlined in the Digital Millennium Copyright Act that are applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a complaint regarding intellectual property rights concerning material posted on our Website, you can contact our Designated Agent:

TheSmartLoans Attn: Copyright Agent 1007 N Orange St. 4th Floor Wilmington, DE 19801 USA Email: [email protected] Phone: (302) 316-6323

Notice Procedure. Any notice claiming infringement of intellectual property rights must contain the following details:

  • An electronic or physical signature of the authorized person representing the owner of the copyright or other infringed right.
  • Description of the copyrighted work or intellectual property right claimed to be infringed.
  • Identification of the material claimed to be infringing and its location on our Services.
  • Contact information including address, telephone number, and email address.
  • A statement affirming that you have a good faith belief that the use of the materials on our Services is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

Repeat Infringer. TheSmartLoans will promptly terminate the accounts, where applicable, or suspend access of users deemed as “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Contributions removed from the Website at least twice.

X. RELIANCE ON INFORMATION POSTED The information provided on our Website and Services is for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility for any reliance placed on such materials by you or any other visitor to the Website or any person informed of its contents.

Our Website includes content provided by third parties, including materials from other users, licensors, affiliates, and financial service providers. Any opinions expressed in these materials are solely those of the respective individuals or entities. We are not responsible for the content or accuracy of any materials provided by third parties.

XI. CHANGES TO THE WEBSITE We may update the content on our Website from time to time, but we are not obligated to ensure it is complete or up-to-date. Any material on the Website may be out of date at any given time, and we are not obligated to update such material.

XII. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES TheSmartLoans may provide tools through our Services that allow you to export information, including User Contributions, to third-party services, including social media services. By using these tools, you consent to the transfer of information to the relevant third-party service. Third-party services are beyond our control, and we are not responsible for their use of your exported information. Any website linking to ours must comply with the Content Standards outlined in these Terms of Use.

You agree to cooperate with us in stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice and may disable social media features and links at our discretion.

XIII. LINKS FROM THE WEBSITE If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

XIV. GEOGRAPHIC RESTRICTIONS We offer this Website for use only by persons located in the United States. We do not claim that the Website or its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with local laws.

XV. DISCLAIMER OF WARRANTIES You understand that we cannot guarantee that files available for download from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output. Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. TheSmartLoans and its affiliates, suppliers, and partners expressly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

TheSmartLoans and its affiliates, suppliers, and partners make no warranty that:

  • The Website or the Services will meet your requirements.
  • The Website or the Services will be uninterrupted, timely, secure, or error-free.
  • Any errors in the Website or the Services will be corrected.
  • Any materials downloaded or obtained through the use of the Website or the Services will be free of bugs, viruses, or other harmful components.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

XVI. LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY LINKED WEBSITES, ANY CONTENT ON THE WEBSITE OR LINKED SITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR LINKED SITES, WHETHER UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED BY SERVICE PROVIDERS AND OTHER THIRD PARTIES. IF, DESPITE THE FOREGOING DISCLAIMER, THE COMPANY IS DETERMINED TO BE LIABLE TO YOU, YOU AGREE THAT IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY EXCEED US$50.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF THE COMPANY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE APPLICATION OF SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY SIMILAR STATUTE OR LAW OF ANY OTHER JURISDICTION), WHICH STATES, “[A] GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE ABOVE PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XVII. INDEMNIFICATION By agreeing to these Terms of Use, you commit to protecting, reimbursing, and absolving TheSmartLoans, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns, from any claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys’ fees). This includes instances related to your violation of these terms or your use of the Website, such as the submission of your User Data, User Contributions, or any use of the Services, Website content, or products obtained through the Website or Services.

XVIII. GOVERNING LAW AND JURISDICTION All matters concerning the Website and these Terms of Use, along with any dispute or claim arising from or related to them (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the internal laws of the State of Delaware. You agree that any legal action or proceeding arising from these Terms of Use or the Website shall be exclusively filed in the federal courts of the United States or the courts of the State of Delaware. You waive any objections to the jurisdiction and venue of such courts.

XIX. LIMITATION ON TIME TO FILE CLAIMS Any claim or legal action arising from or related to these Terms of Use or the Website must be initiated within one (1) year of the cause of action arising. Failure to do so will result in the permanent barring of such claims or actions.

XX. INDIVIDUAL DISPUTE RESOLUTION You agree that any dispute or claim arising from these Terms of Use or your use of the Website shall be handled individually. You are not permitted to combine your claim with those of any other individual or entity, nor can you initiate or participate in a class action against TheSmartLoans.

XXI. WAIVER AND SEVERABILITY The Company's failure to enforce any provision of these Terms of Use does not waive its right to do so in the future. If any part of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will still be valid and enforceable to the fullest extent permitted by law.

XXII. COMPLETE AGREEMENT These Terms of Use, our Privacy Policy, and our Advertising Disclosure represent the entire agreement between you and TheSmartLoans regarding the Website and its Services. They supersede all prior agreements, both written and oral, between you and TheSmartLoans.

XXIII. CONTACT DETAILS TheSmartLoans operates this Website through 1007 N Orange St. 4th Floor, Wilmington, DE 19801, USA . For any inquiries or feedback related to the Website, please contact us at [email protected].

Thank you for visiting our Website.