Terms of Use - swisslendings.com

Terms of Use and Electronic Consent

Before using this website or accessing any of the data on it, please take the time to carefully read our terms and conditions of use. Any use of this website results in a legal obligation to abide by these terms and conditions. You must leave this website right away if you do not accept these conditions without qualification or exclusion.

USER AGREEMENT

The terms and conditions for your use of this website at www.swisslendings.com, including any subdomain thereof (the "Site"), are outlined in the following legal agreement (the "Agreement") between you, individually or jointly, and/or as an agent on behalf of an entity or another registered user ("you") and Swisslendings Funding LLC and its affiliates ("Swisslendings"). Swisslendings is the owner and operator of the Website. You are given access to this Site specifically pursuant to this Agreement. Whether or not you are a registered user of the Site, by accessing, browsing, and/or using the Site, you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. You also agree to the terms and procedures outlined in the Swisslendings Privacy Policy. The agreement between you and Swisslendings is fundamentally based on the terms and conditions of this Agreement.

CHANGE-IN-TERMS

Swisslendings has the right to change this Agreement at any time, and will let you know by posting the updated Agreement on the Site. Periodically check the Site for updates to this Agreement. Whenever a change is posted, it becomes operative. You agree to be bound by any changes to this Agreement by continuing to use the Site after they have been made.

Access to all or any portion of this Site may be terminated, suspended, changed, or restricted by Swisslendings without prior notice or liability. Any changes to this Agreement made by Swisslendings while your access to the Site is stopped or terminated will not affect you.

LIMITATIONS OF USE

Swisslendings or the original creator of the material holds the copyright to all of the content on this website, which is protected by U.S. and international copyright laws and treaties. This content includes, but is not limited to, text, data, articles, designs, source code, software, photos, images, and other information (collectively, the "Content"). You acknowledge that the Content may not be used in any way, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written approval of Swisslendings. This prohibition applies to all uses of the Content, whether in whole or in part.You agree that Swisslendings owns the Content and will continue to do so. Any of Swisslendings's services, including any Content, may not be fully or partially exploited by you by reverse engineering, modification, transmission, publication, participation in the sale or transfer of, creation of derivative works, or other means. Without Swisslendings's prior written consent, it is forbidden to use the Content on any other website, including through linking or framing, or in any networked computer environment for any reason. Nothing in this Agreement, whether by implication, estoppel, or otherwise, will be taken to provide any license to intellectual property rights unless expressly declared to do so.

The Swisslendings Data Terms of Use apply to all data received from or provided by Swisslendings, regardless of the method of transmission, and expressly forbid publication and distribution. Furthermore, you undertake not to use Swisslendings' data, regardless of how it was delivered, for any competing objectives and to only use it to authorize investments made using Swisslendings' goods or services.

Additionally, you are not permitted to "mirror" any of the content on this site on any other server without Swisslendings' clear written consent. Any unlawful use of any content on this site may be against copyright, trademark, privacy, and publicity laws as well as laws and regulations governing communications. You may not use the Site in any way that breaches this Agreement, that would impede someone else from using and enjoying the Site, or that might overwhelm, damage, or disable the Site without Swisslendings's prior approval. Your use of or access to the Site may be restricted, terminated, or throttled at any time and without prior notice for any reason, with or without cause, in our sole discretion.

You are not permitted to frame the site, use framing techniques to enclose any Content or other proprietary information, place pop-up windows over Content, or take any other action that alters how any Content is displayed. You are also not permitted to engage in "database scraping," "screen scraping," or any other activity with the aim of obtaining content or other information from the site.

You agree not to take any actions to get around Swisslendings' blocking of your access to or use of the Site (including by blocking your IP address).

You acknowledge that you may only use the Content and Site for legal reasons. You are not allowed to use the Content or the Site in any way that would violate any applicable laws, rules, or ordinances of any nation, state, or locality, as well as any international laws or treaties, or that could subject you to legal action on a civil or criminal level. Any unlawful use of the Site is absolutely prohibited, including but not limited to unauthorized access to Swisslendings systems, abuse of passwords, and misuse of any information placed on the Site. Regarding whether the Content can be downloaded or is suitable for use outside of the United States, Swisslendings provides no guarantees.You alone are responsible for ensuring compliance with local laws if you use this Site from a country other than the United States. Swisslendings has the last say in whether you qualify for any given products or services.

Swisslendings users must be 18 years of age or older and U.S. citizens with a current social security number. The activities available on the Site are not open to minors under the age of 18.

You agree not to divulge any private or personally identifiable information of any Swisslendings member or other third party via posting, uploading, publishing, displaying, transmitting, sharing, storing, or any other method on the Site, on any other website, or in any email, blog, forum, medium, or other form of communication of any kind, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers, or a

TRADEMARKS

Swisslendings is the owner of the trademarks or service marks for Swisslendings, including the Swisslendings logo, Swisslendings.com, and all associated logos. Swisslendings or other parties may own the trademarks or service marks associated with other company, product, and service names and logos used and shown on this website. Without our prior written consent in each instance, nothing on this Site should be taken to imply, by implication, estoppel, or otherwise, any license or right to use any Swisslendings Trademark featured on this Site. Any trademarks found on the Site may not be used, copied, displayed, distributed, modified, or reproduced without Swisslendings' prior written consent.Any use of a Swisslendings trademark as part of a link to or from another website is prohibited unless prior written consent from Swisslendings has been obtained. Swisslendings should be contacted with any queries regarding Swisslendings Trademarks or to determine whether a mark or logo is a Swisslendings Trademark.

LINKS TO THIRD-PARTY SITES

Links to websites owned, managed, and operated by third parties may be found on this website (the "third-party sites"). Swisslendings has no control over and assumes no liability for the availability or accuracy of the material presented on such websites. You agree that this Agreement does not apply to any third-party websites and that their terms of service govern their use. Links to other websites are provided just for your convenience; you access them at your own risk. Swisslendings makes no representations or endorsements regarding such websites, their content, goods, advertising, or other items.These third-party websites could have different privacy policies than Swisslendings and offer less protection than this website. Swisslendings disclaims all liability of any kind for any failure of any products or services offered or advertised at such sites or elsewhere. Swisslendings is also not accountable for the content of any third-party websites and makes no express or implied warranties or representations about the content (or the accuracy of such content) on any third-party websites.

PERMISSION TO CONTACT

When you provide us with your contact information, such as your home and/or mobile phone number, work phone number, address, and email address, you give us permission to contact you about your Swisslendings accounts and about our products and services at any of those numbers or addresses as well as at any other number, address, or email address that you have previously provided, may provide in the future, or that we believe we may reach you through (even if you previously opted out of these types of communications). With your permission, we may contact you verbally, in writing, or electronically, including but not limited to emails and text messages, for any reason not expressly forbidden by relevant law.Data and message rates can be charged. Calls and messages may be made for a variety of reasons, including—but not restricted to—suspected fraud or identity theft, information gathering, account transactions or servicing, marketing of our goods and services, and account collection. Our affiliates, subsidiaries, parents, agents, vendors, and anyone else who is or may be connected to the owner of any note evidencing a financial obligation you incur or the owner of any other financial obligation you incur are all covered by our rights under this Section. You agree to quickly let us know if your contact information changes. For instructions on how to contact us, please see the CONTACT US section at the bottom of this text.

LIMITATION OF LIABILITY

The Swisslendings Parties will not, under any circumstances, be liable for any damages, including general, special, direct, indirect, incidental, consequential, punitive, or any other damages (including, without limitation, lost profits or business interruption) of any kind, whether in a contract or negligence action arising from or related in any way to the use or inability to use by any party of the content, the Site, or any third-party website to which this Site is linked.The Swisslendings Parties are not responsible for any offensive, libelous, or unlawful user behavior. If you're unhappy with this site, your only option is to quit using it. You are responsible for any expenses associated with servicing, repairing, or correcting equipment or data as a result of using anything from this site. You acknowledge and agree that the Swisslendings Parties' total liability for all damages, losses, or causes of action of any kind or kind shall be restricted to the fullest degree permitted by applicable law in the event that the aforementioned restriction is judged to be unenforceable.

INDEMNIFICATION

You agree to defend and hold harmless the Swisslendings Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred in connection with any third-party claim (including any intellectual property claim) resulting from I materials and content you submit to, post to, or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any law. You further acknowledge that you shall lend all necessary assistance in the defense of any such claims. The Swisslendings Parties reserve the right to assume the sole responsibility for defending any claim or issue that would otherwise be subject to your indemnification at their own expense. In no event shall you resolve any such claim or matter without the prior approval of Swisslendings. Furthermore, you consent to defend and keep the Swisslendings Parties harmless from any legal action brought because a third party used any data or materials you posted on the website.

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IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT.
All financial institutions are required by Federal law to gather, verify, and record information that identifies each person who opens an account in order to aid the government in its fight against the funding of terrorism and money laundering operations.
What this means to you is that we will ask for your name, address, date of birth, and other details that will allow us to identify you when you register an account. We could also request to see your driver's license or other forms of identification.
1 Depending on the information provided by the applicant in the application form, they may be eligible for personal loans up to $50,000. Guaranteed personal loan eligibility is contingent upon our investors transferring funds to your account, your compliance with the requirements, and other factors. For more information and terms and conditions, see the Borrower Registration Agreement. all loans made by WestunitedBank for personal use.
2 Following your acceptance of the loan offer, the conclusion of all required verification steps, and final approval, you may get your funds one business day later. One business day funding also depends on how quickly your bank can complete the transaction.
3 The information included in the HELOC application determines eligibility for a HELOC up to $500,000. An in-home appraisal is required for loans over $250,000. Title insurance is necessary for loans exceeding $250,000.
There may be some states where HELOCs through Swisslendings are not available. For more details, please carefully read your HELOC credit agreement.
The underwriting and issuance of all HELOCs is handled by WestunitedBank EQ, LLC, an Equal Housing Lender. NMLS #1464945.
4 as of January 31, 2023 (the "Calculation Date"), the weighted average historical return for loans originated by Swisslendings. The loan must have been originated (a) on or after July 1, 2009, and (b) at least 12 months before the Computation Date in order to be considered in the historical return ("Historical Return") calculation. Historical Returns are based on real payments (other than principle) made to investors on 3- and 5-year term loans generated through the Swisslendings platform, net of fees and losses (including from charged-off loans).
The Historical Return for loans made through Swisslendings is determined as follows. First, based on the precise month and year that they were produced in as well as their Swisslendings Rating at origination, loans are divided into unique "oeGroups." For each Group, we determine: (a) the total interest paid, plus late fees, minus servicing fees, minus collection fees, in each case, on active loans; (b) the total principal balances outstanding on active loans at the end of each day since origination; and (c) the net recoveries on charged-off or defaulted loans; net debt sale proceeds on sold loans; minus gross principal losses. . The "Historical Return" for the Group is then calculated by annualizing the result. The cumulative-outstanding-principal-dollar-weighted average of each Group's Historical Returns is then calculated for each Group. As a result, we are given the "weighted average Historical Return" for loans made through Swisslendings. Active loans are those that are current with payments or have a delinquency of less than 120 days for the purposes of this computation. A loan is not considered active if it has been paid off, charged off, or is in default.
The Historical Return calculation (a) is revised each month; and (b) does not take into account servicing-related corrective non-cash adjustments that could change a borrower loan's status or outstanding balance. The prepayment and default behavior of the loan supporting each Note determines the actual return on each Note, which is highly uncertain. Individual outcomes might differ. The information offered is not meant to be investment advice or a guarantee about the performance of any Note, and historical performance is not a guarantee of future outcomes.
All personal loans made by WestunitedBank.
Swisslendings Marketplace, Inc. Tax ID Number: 92-2227782
Licensing & Disclosures

Licensing and Disclosures

Swisslendings LLC

1987 Cindy CT. | Lakewood, NJ 08701

221 Main Street, Suite 150 | San Francisco, CA 94105