By using the Site or registering with any of the Products and/or Services, you acknowledge and agree that you have read, understand, and accept the terms and conditions described below, and you agree to be legally bound by all terms, conditions, policies, and guidelines, including such other agreements on the Site.
Some Products and Services may require that you register on the Site. When you register or apply for a Product or Service, you agree to provide current, complete, and accurate information about yourself and update your information should it change in the future. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, terminate any agreement we have with you, and restrict your future use of the Site and our Products and Services. We reserve the right to reject any registration for a Product or Service, including without limitation any application for a loan.
When you successfully register with us, you will be required to create an account on the Site. Certain areas of the Site are accessible only to registered accountholders. In order to access the registered-accountholder-only areas of the Site, you will need the username and password you have created.
You must maintain the confidentiality of your assigned username and passwords. You may not disclose your username or password to any third party. You are solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Sixup of any need to deactivate a username due to security or other concerns. You agree to immediately notify Sixup at firstname.lastname@example.org of any unauthorized use of your username or password or any other breach of security. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify Sixup, so that your account remains secure and functional. Sixup is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the Site using your username or password.
You may deactivate your account at any time. You will still have the ability to reactivate your account and restore your profile in its entirety; however, Sixup will continue to store your information in accordance with, and as allowed by, law and regulation.
Your privacy is very important to us. Our Online Privacy & Security Practices and our Privacy Notice explain how we treat your personal information and protect your privacy when you use our Site or Products or Services.
You agree to abide by all applicable laws and regulations in your use of the Site and our Products and Services. In addition, you agree that you will not do any of the following:
You agree that "Sixup", and all logos related to our Products and Services are our, our affiliates, or our licensors' trademarks or registered trademarks. You may not copy, imitate, or use them without our prior written consent. You may not use or export or re-export any portion of the Site in violation of any applicable laws or regulations. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. You are authorized solely to view and retain a copy of the pages of the site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on this Site for the purpose of communicating or transacting with Sixup. You may not copy, imitate, or use them for purposes other in connection with your use of our Products and Services. All right, title, and interest in and to the Site, any content thereon, our Products and Services, the technology related to our Products and Services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors' exclusive property. You may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the Web or a social media site, or in any way distribute or exploit this Site, or any portion of the Site for any public or commercial use without the express written consent of Sixup. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on this Site (or printed pages produced from this Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to obtain the Products and Services of the Sixup.
THE SITE, OUR PRODUCTS, SERVICES, INFORMATION, AND MATERIALS, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM PERMITTED BY LAW, SIXUP, SIXUP'S AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, VENDORS, AND LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, AND NON-INFRINGEMENT, AND SHALL NOT BE RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY.
WE DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT GUARANTEE CONTINUOUS, TIMELY, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE OR OUR PRODUCTS AND SERVICES, AND THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCOMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR USE OF, ANY CONTENT HEREIN, REGARDLESS OF THE CAUSE, FOR ANY DAMAGES RESULTING THEREFROM. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE AND/OR OUR PRODUCTS AND SERVICES. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL NOR ARE WE RESPONSIBLE FOR WHAT USERS POST ON THE SITE OR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR OUR PRODUCTS OR SERVICES.
THIS SITE MAY CONTAIN ADVICE, OPINIONS, AND STATEMENTS FROM VARIOUS INFORMATION PROVIDERS OR CONTENT PROVIDERS. SIXUP DOES NOT ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION PROVIDED BY ANY INFORMATION PROVIDER OR CONTENT PROVIDER, OR ANY USER OF THIS SITE OR OTHER PERSON OR ENTITY. RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION SHALL ALSO BE AT YOUR OWN RISK.
YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS AND YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL SIXUP, ITS AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, LICENSORS, OR VENDORS BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
YOU AGREE TO READ THIS ARBITRATION PROVISION CAREFULLY. THIS ARBITRATION PROVISION ("Arbitration Provision") IS PART OF THE AGREEMENT AND HAS A SUBSTANTIAL IMPACT ON THE WAY SIXUP AND YOU RESOLVE ANY CLAIM WHICH SIXUP OR YOU HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE. OTHER RIGHTS THAT SIXUP OR YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Agreement to Arbitrate. Except s expressly provided below, you agree that any Claim (as defined below), will be, at either Sixup's or your election, submitted to and resolved on an individual basis by binding arbitration.
Definition of "Claim." For purposes of this Arbitration Provision, "Claim" means any dispute or controversy between Sixup and you arising out of, or that is related to, this Agreement and any relationship resulting from this Agreement. For purposes of this Arbitration Provision, you agree that Sixup means Sixup, Sixup's affiliates, and our and their directors, officers, employees, and agents.
Arbitration Provider and Arbitration Rules. The arbitration shall be administered by the American Arbitration Association ("AAA") before a single arbitrator and under the AAA's Consumer Arbitration Rules in effect at the time the arbitration is brought. Information about the arbitration process can be obtained from the AAA at www.adr.org or (800) 778-7879. In the event AAA refuses or is otherwise unable to administer any Claim related to the Agreement, you agree that another reputable arbitration service provider will administer the Claim.
Notice of Dispute. A party who intends to seek arbitration must first send to the other party, by certified mail, a written notice of dispute. Such written notice of dispute should be sent to Sixup at the following address: Sixup Lending LLC, 77 Van Ness Avenue, Suite 101, MS-1223, San Francisco, CA 94102. The written notice of dispute must (a) describe the specific nature and basis of the Claim, and (b) set forth the specific relief sought. If Sixup and you do not reach an agreement to resolve the Claim within 30 days after the written notice of dispute is received, Sixup or you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sixup or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Sixup or you are entitled.
Location of Arbitration. All in-person hearings and conferences in the arbitration shall take place in San Francisco, California, unless Sixup and you agree otherwise.
Costs, Fees, and Expenses of Arbitration. Each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. All fees and expenses of the arbitrator and administrative fees and expenses of the arbitration shall be paid by the parties as provided by the Consumer Arbitration Rules of the AAA (even if another arbitration service provider administers the arbitration) governing the proceeding, or by agreement of the parties.
Relief and Remedies. The arbitrator shall have the authority to award monetary damages and may grant any non-monetary remedy or relief available by applicable law and rules of the arbitration service provider. The arbitrator will have no authority to award consequential damages, indirect damages, treble damages, or punitive damages, or any monetary damages not measured by the prevailing party's economic damages, except as permitted by applicable law. The arbitrator will have no authority to award attorneys' fees except as expressly provided by this Arbitration Provision or authorized by law (such as where a party brings a claim under a statute that provides for attorneys' fees to be awarded to the prevailing party) or by the rules of the arbitration service provider, in which case such attorneys' fees and costs will be available to the prevailing party whether claimant or respondent. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. If the arbitrator determines that any Claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrator's fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.
Class and Consolidated Actions. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION PROVISION TO BE ARBITRATED OR LITIGATED ON A CLASS BASIS OR FOR THE CLAIMS OF MORE THAN ONE USER ORTO BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY OTHER USER'S CLAIMS.
Arbitrator's Award. Any state or federal court with jurisdiction and venue may enter an order enforcing this Arbitration Provision, enter judgment upon the arbitrator's award and/or take any action authorized under the Federal Arbitration Act ("FAA"). For any arbitration-related proceedings in which courts are authorized to take action under the FAA, each party expressly consents to the non-exclusive jurisdiction of any state court of general jurisdiction or any state court of equity that is reasonably convenient to you, provided that the parties to any such judicial proceedings shall have the right to initiate such proceeding in a federal court or remove the proceeding to a federal court, if authorized to do so under applicable federal law.
Survival, Severability, and Right to Waive. If any part or parts of this Arbitration Provision are found to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force or effect and shall be severed, but the remainder of the Arbitration Provision shall continue in full force and effect. Any or all of the limitations set forth in this Arbitration Provision may be specifically waived by the party against whom the limitation is asserted. Such waiver shall not waive or affect any other portions of this Arbitration Provision.
Limitation and Waiver of Rights. YOU REPRESENT TO HAVE READ THIS ARBITRATION PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS OR WAIVES CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION (OTHER THAN AN ACTION TO ENFORCE THE ARBITRATOR'S AWARD), THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR CONSOLIDATED CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email, or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
You acknowledge that Sixup's platform for loans as well as certain other Products or Services on our Site include an exclusively online process that requires online input from you and electronic notices, alerts, and information from Sixup, and you agree to the electronic process and confirm that you have access to a computer, a valid email account, and an ability to retain any electronic documents and notices provided to you in the process. In connection with your registration or account, we may need or want to contact you from time to time in connection with your registration or account, and you agree to update any contact information you have provided to us in connection with your registration or account. By registering on our Site, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access.
If you have questions or concerns regarding these terms, you should contact us by emailing at email@example.com.
Updated September 29, 2017