Before you read on: section 21 requires most disputes with us to go to individual arbitration instead of court, and section 22 rules out class action lawsuits and jury trials. You can opt out of arbitration as section 21 describes.
01 About this agreement
This page sets out the terms on which Clearlendingstore ("we", "us", "our") lets you use this website and its loan-matching service. Using the site, or sending us a request, means you accept these terms; if you don't, please leave the site now. We revise these terms occasionally and will show the date of the latest version at the top of this page. A revised version takes effect on that date and is not applied to requests you sent before it.
02 Eligibility
You can use Clearlendingstore only if you are a US resident, you are 18 or older (or older, where your state sets a higher age of majority), and you have the legal capacity to sign a contract. Because network lenders usually require them, you should also have steady income and a checking account held in your name. Each request must be your own; requests made for another person are not permitted.
03 Permission to verify your details
Sending a request authorizes us, together with the lenders and service providers in our network, to confirm what you've told us and to request information about you from consumer reporting agencies and similar sources. Those checks may cover your identity, your employment or income, and your bank account. The search for a match itself runs on a soft inquiry, and a soft inquiry has no bearing on your credit score. If you decide to continue with a particular lender, it may carry out its own check, and that check may be a hard inquiry. The Credit Authorization gives the full picture.
04 What Clearlendingstore does
We run a free loan-matching service. You give us a single personal loan request, and we pass it to lenders and related providers in our network so each can consider whether it might be able to offer you something. A request is not a promise of a match, a call back or an offer, and we cannot predict the outcome. Network lenders are not available in all states, and each one decides independently whether to reply.
05 How Clearlendingstore earns money
You never pay us. Our income comes from lenders and providers in the network, which may compensate us for receiving a request or for a request that turns into a loan. That compensation can affect which lender considers your request first and the sequence in which offers appear. We do not survey the whole market, and a lender's presence in our network is not an endorsement of it.
06 Our role, and what it isn't
Clearlendingstore is not a lender. We do not lend, approve or decline credit, arrange financing or act as a loan broker, and we are not an agent for you or for any lender. Please treat the content of this site as general information, and not as financial, legal or tax advice for your situation. If a lender makes you an offer, the resulting agreement is between you and that lender only, on terms the lender sets. Read that agreement in full before signing and take any questions straight to the lender.
A lender in our network may be owned by a Native American tribe and governed by tribal law. With a lender of that kind, the governing law, the agreement itself and the way disputes are handled may not match what a state-licensed lender would offer, and some protections under state law might not reach you. The lender is responsible for explaining all of this in its own agreement, which you should read closely before deciding anything.
07 Other offers
When no lender takes up your request, we or our partners may present other products or services that could be relevant to you, such as credit monitoring or money-management resources. Looking at them is optional, as is signing up. If you do choose one, the provider's terms apply to it, not these.
08 Who receives your information
A request is your instruction to us to pass its contents to network lenders, related providers and the partners who help operate the service, so that they can review it and get in touch with you about it. Each of those companies may retain and use the information under its own privacy policy, whether or not you accept an offer from it.
09 Privacy
Our Privacy Policy, which is part of these terms, describes what personal information we collect, how we use and protect it, who receives it and what choices you have. California residents will find their additional rights described on the Do Not Sell or Share My Information page.
10 Electronic records and signatures
You consent to receiving disclosures, notices and other communications from us in electronic form, whether by email or on this website, and you agree that they satisfy any legal requirement that they be written. Clicking a button or checking a box on this site serves as your electronic signature. You'll need an internet-connected device, an up-to-date browser and an email account you can access. If you later withdraw this consent by emailing us, we may not be able to keep handling your request. Email us any time for a paper copy of a notice.
11 Contact by phone, text and email
If you submit a request and consent to contact, we, our network lenders and our partners may reach you about that request and related products by call, text and email at the number and address you supplied. Those calls and texts may use automatic telephone dialing systems and prerecorded or artificial voices. You are not required to give this consent in order to buy anything. Message and data rates may apply. Reply STOP to any text, or visit our Unsubscribe page, to opt out whenever you like. The TCPA Disclosure covers this at greater length.
12 Ownership of site content
The text, graphics, layout and other content of this website are owned by us or our licensors and protected by copyright, trademark and related laws. You may view the pages and print them for personal, non-commercial reference. Any other copying, modification, redistribution or sale requires our prior written consent.
13 Your commitments
By using the site you confirm each of the following:
- the information you provide is accurate, complete and about you, and you will update us if it changes while your request is active;
- you satisfy the eligibility conditions in section 02;
- the phone number and email address you enter belong to you or you have permission to use them;
- you will not use the site unlawfully or deceptively, or attempt to interfere with it, overload it or access it without authorization; and
- you will not scrape, harvest or copy site content with bots or other automated means.
14 No warranties
We aim to keep the site accurate and running, but it is offered on an "as is" and "as available" basis. As far as the law permits, we disclaim all warranties, express or implied, including any warranty that the site will suit your purposes, work without interruption, be secure or be error-free, or that a lender will reply to your request or extend an offer. We give no warranty about the terms, quality or fitness of any loan, product or service a lender or provider makes available to you.
15 Limits on liability
As far as the law permits, we are not liable for indirect, incidental, special, consequential or punitive damages connected with your use of the site, your request or any dealings you have with a lender or provider, even where we were warned such damages might occur. For any claim connected with the site or the service, our combined liability to you will not exceed what you paid us for the service, which is nothing. Certain states restrict limits of this kind, so some of this section may not apply where you live.
16 Indemnity
You will indemnify and hold harmless Clearlendingstore and its owners, employees and partners against any claim, loss, cost or reasonable attorneys' fees arising from your breach of these terms, false information you provide or any unlawful use of the site.
17 Errors, outages and changes
We are not responsible for delays or failures caused by events we cannot reasonably control, including network or power failures, faults in a lender's or partner's systems, or details entered incorrectly. We correct errors on the site when we find them and may alter, suspend or withdraw any part of the site without prior notice.
18 Outside websites
Links on this site, and in any offers presented after a request, may take you to websites operated by lenders and other businesses. Those sites are outside our control, and we accept no responsibility for their content, terms or data practices. You visit them at your own discretion, under their own terms and privacy policies.
19 Notice before a claim
If you have a dispute with us, you agree first to send a written notice to [email protected] giving your name and contact details, a description of the issue and the outcome you want, before beginning arbitration or any other proceeding. Both of us will make a good-faith effort to resolve it. If it remains unresolved 60 days after we receive the notice, either side may begin arbitration under section 21.
20 Release of claims about lenders
Loans and other products are supplied by lenders and providers, not by Clearlendingstore. As far as the law permits, you release us from all claims, demands and damages connected with any dispute you have with a lender or provider. California residents also waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
21 Arbitration agreement
This section affects your legal rights: under it, neither you nor we can take a dispute to a judge or jury.
Any dispute or claim between you and us that arises out of or relates to these terms, this website or the service, including any question about the scope or enforceability of this section, will be resolved through binding arbitration conducted on an individual basis instead of in court. The American Arbitration Association (AAA) will administer the arbitration before one arbitrator under its Consumer Arbitration Rules, available at adr.org. The Federal Arbitration Act applies to this section and to how it is interpreted and enforced. Hearings will be held in California, or by telephone or video conference if you choose. Apart from the amount you would have paid to file the same claim in court, we will cover the AAA's filing, administrative and arbitrator fees, unless the arbitrator decides your claim was made in bad faith. The arbitrator may grant any individual remedy a court could grant, and judgment on the award may be entered in any court with jurisdiction.
Instead of arbitration, either side may bring an individual claim in small claims court if the claim qualifies and remains there. To opt out of this arbitration agreement, email us within 30 days of your first use of the site, including your name and a plain statement that you reject arbitration. If you opt out, every other part of these terms still applies to you in the usual way.
22 Class action and jury waiver
You and we each agree to pursue claims against the other only in an individual capacity, never as a named plaintiff or class member in a class action or in any collective, joint or representative proceeding. No arbitrator may merge the claims of different people or oversee a class or representative proceeding of any kind. If a court holds this section unenforceable as to a particular claim, that claim must be heard in court rather than in arbitration, while sections 21 and 22 continue to govern all other claims. In addition, you and Clearlendingstore both waive the right to have any claim between us decided by a jury.
23 Copyright (DMCA) notices
If you think material on this site infringes a copyright you own or represent, send a notice to [email protected] containing what the Digital Millennium Copyright Act requires: a description of the copyrighted work; a description of the material you say infringes it and its location on the site; how to reach you; a statement of your good-faith belief that the use is unauthorized; a statement, made under penalty of perjury, that your notice is accurate and that you are the owner or are authorized to act for the owner; and your physical or electronic signature.
24 California consumer notice
California Civil Code section 1789.3 requires us to give California users this notice. Clearlendingstore does not charge you for its service. Questions or complaints about the service can be sent to [email protected]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
25 Entire agreement
These terms, along with our Privacy Policy, our TCPA Disclosure and the other documents referred to here, make up the complete agreement between you and Clearlendingstore concerning the website and the service, and they supersede any prior understanding on the subject. A loan agreement you enter into with a lender stands apart from these terms.
26 Governing law and general terms
These terms are governed by the laws of the State of California, disregarding its conflict-of-law principles, with the Federal Arbitration Act governing section 21. Anything that does not go to arbitration will be decided in the state or federal courts in California, and both of us submit to those courts' jurisdiction. Should a court find any provision unenforceable, the remaining provisions continue in force. A delay by us in enforcing a provision does not waive our right to enforce it. You may not assign your rights under these terms, although we may assign ours. Section headings are for convenience and carry no legal meaning.
27 Questions
Anything about these terms that you'd like explained can be sent to [email protected].