WKLENDING.COM TERMS OF USE

Rev. April 4, 2017

This website and the services of White Knight Financial, LLC dba WKLending.com (“WKLending.com”) available via this website (the "Site") are provided subject to the terms described herein, together with those terms set forth in any WKLending.com loan application you may complete and submit, and any loan agreement that may be entered into between you and WKLending.com, as applicable. If you visit the Site, you agree to be bound by these Terms of Use. WKLending.com reserves the right to make changes at any time to the Site or these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

Trademarks and Copyrights

The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of WKLending.com or such third parties that may own the displayed Trademarks. WKLending.com's marks may not be used in connection with any product or service that is not WKLending.com's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit WKLending.com. All other trademarks and service marks not owned by WKLending.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WKLending.com. Nothing contained in this Site or in these Terms of Use serve to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of WKLending.com or such third party that may own the displayed Trademarks.

All content on this Site, including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site (collectively, the “Content”), are the property of WKLending.com or its licensors and are protected by United States and international copyright and other intellectual property laws. Without the express written consent of WKLending.com, Content may not be copied for any public or commercial use or distribution or modified, processed, or reposted to other websites. You may download, copy or print the Content of this Site for your personal non-commercial use only, provided that no proprietary notices or disclaimers therein are modified, obscured, or altered, however no right, title or interest in any of the Content of this Site is transferred to you as a result of any such downloading, copying, printing or use of this Site.



Use of the Site

You agree you will not interfere, in any way, with others' use of, or access to the Site, and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site.

You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using parsing or "framing technology," otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of WKLending.com. In addition, you agree not to link to any page of the Site other than the home page located at www.WKLending.com.

Unauthorized Use of the Site

WKLending.com reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site or any services provided via the Site. WKLending.com's decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of WKLending.com.



Submissions and Feedback

This Site may provide you with the opportunity to submit comments, testimonials, and/or reviews (each a “Submission” and collectively the “Submissions”). By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity to the Submissions that you submit. If you make a Submission to this Site, you automatically grant WKLending.com a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for WKLending.com to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission. The posting of those Submissions does not constitute WKLending.com’s endorsement of those Submissions. WKLending.com is not responsible or liable for any claim in connection with Submissions.

Except where otherwise expressly provided by WKLending.com, all comments, feedback, and/or information submitted to WKLending.com through or in association with the Site or any services provided via the Site relating to functionality of the Site (collectively, "Feedback") shall be considered non-confidential and WKLending.com's property. By submitting such Feedback to WKLending.com, you agree that you assign to WKLending.com, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that WKLending.com shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.

Links to Third Party Sites

You acknowledge that, at any time, WKLending.com may provide links to the websites of third parties via the Site. WKLending.com is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by WKLending.com of the linked site or any content therein. IN NO EVENT WILL WKLENDING.COM BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Registration, Accounts and Passwords

You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to WKLending.com.

Updates to the Site

WKLending.com undertakes no obligation to update, amend or clarify information on this Site except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product and service availability, special offers, product promotions, pricing information, or product descriptions. WKLending.com reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate (including after you have submitted your loan application, if applicable).



E-Sign Disclosure and Consent Notice

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and WKLending.com both intend that such act apply to the fullest extent possible to validate WKLending.com’s ability to conduct business with you by electronic means. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By using WKLending.com electronic and online services (“Electronic Services”) you hereby consent to this notice and affirm that you have access to the hardware and software requirements identified below. In addition, you must review and accept these Terms of Use. If you choose not to consent to this notice or you withdraw your consent, you will be restricted from using Electronic Services.

Covered communications includes all disclosures and communications that WKLending.com provides to you regarding our services (collectively, “Communications”). WKLending.com may provide Communications to you by email or by making them accessible on the Site, mobile applications, or mobile websites (including via “hyperlinks” provided online and in e-mails). Communications will be provided online and viewable using browser software or PDF files. To access and retain electronic Communications, you must have: (a) a valid email address; (b) a computer, mobile, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Communications received from WKLending.com in electronic form; and (c) sufficient storage space to save Communications (whether presented online, in e-mails or PDF) or the ability to print Communications. WKLending.com may request that you respond to an email to demonstrate you are able to receive these Communications. You may withdraw your consent to receive Communications under this notice by calling us at (855)227-4090 or by contacting us via cash@wklending.com. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our Electronic Services. You may request a paper copy of any Communications (provided that such request is made no later than 2 years after WKLending.com first provides such Communications to you and WKLending.com will mail you a copy via U.S. Mail. To request a paper copy, contact us at (855)227-4090 or via cash@wklending.com. Please provide your current mailing address so we can process this request. WKLending.com may charge you a reasonable fee for this service. It is your responsibility to keep your primary email address current so that WKLending.com can communicate with you electronically. You understand and agree that if WKLending.com sends you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, WKLending.com will be deemed to have provided the Communication to you, however WKLending.com may deem your account inactive. You may not be able to transact using our Site until WKLending.com receives a valid, working primary email address from you. If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, WKLending.com recommends that you add WKLending.com to your email address book so that you can receive Communications by e-mail. You can update your primary email address or other information by contacting us via cash@wklending.com.



WKLending.com reserves the right, in its sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which WKLending.com provides Communications. WKLending.com will provide you with notice of any such termination or change as required by law. WKLending.com is not liable for any loss or damage arising from (i) your failure to access, download, save or print Communications; (ii) problems or technical failures with your equipment, and (iii) any errors or delays in electronic communication or transmission lines that are beyond WKLending.com’s reasonable control.



Wireless Communications Policy

By opting-in to receive communications via SMS/MMS messages, you are providing consent for WKLending.com to use your personal information to provide the services you have requested, including services that display customized content and advertising. Your wireless communications provider’s Text Messaging and Data Rates may apply to our confirmation and all subsequent SMS/MMS messages. You may opt-out and remove your SMS/MMS information by sending “STOP”, “END”, “CANCEL,” “UNSUBSCRIBE,” or “QUIT” to the SMS/MMS text message you have received. If you remove your SMS/MMS information from our database, your number will no longer be used for secondary purposes, disclosed to third parties and used by us for third parties to send promotional correspondence to you. Data obtained from you in connection with this SMS/MMS service may include your name, address, cell phone number, your wireless communication provider’s name, as well as the date & time, and content of your messages. We will not be liable for any delays in the receipt of any SMS/MMS messages, as delivery is subject to effective transmission from your network operator. SMS/MMS message services are provided on an “AS IS” basis. For additional help, email us at cash@wklending.com or call (855)227-4090. Request help, get contact information or additional information regarding our SMS/MMS services anytime from your mobile device by replying with the word “HELP” to the message you receive.

Fraud and Identity Theft

Attempting to obtain credit through the provision of false information, including but not limited to the use of false or altered documents and/or the use of another person’s identity, is fraudulent and, in some cases, punishable by law. WKLending.com reserves the right to report any and all information obtained in connection with a verified fraud attempt to local, state, or federal authorities for possible investigation and prosecution.



Minors

This Site is not directed at or intended to be used by anyone below the age of 18 and WKLending.com does not knowingly collect personal information from any person under the age of 18. By agreeing to these Terms of Use, you represent that you are at least 18 years old.



Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WKLENDING.COM MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHER, WKLENDING.COM MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL WKLENDING.COM OR ANY OF ITS AFFILIATES, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF WKLENDING.COM OR ANY OF ITS AFFILIATES (THE "WKLENDING.COM PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, INCLUDING ANY DAMAGES ARISING OUT OF ANY DENIAL BY WKLENDING.COM OF ANY LOAN APPLICATION SUBMITTED BY YOU OR ANY REFUSAL BY WKLENDING.COM TO FUND YOUR ACCOUNT (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the WKLending.com Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees, disbursements and court costs) arising from or in connection with (i) your use of the Site, or any content, information, materials or services contained, displayed or available therein; (ii) any denial by WKLending.com to approve any loan application submitted by you and/or refusal to fund your account; (iii) your violation of these Terms of Use; (iv) any Submissions and/or Feedback provided by you to WKLending.com; or (v) your violation of any rights of any third party.



Denial of Access

WKLending.com may prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you. Modification or Discontinuance of the Site by WKLending.com At any time, without notice to you, and for any or no reason, WKLending.com may modify or discontinue the Site or any content thereof. WKLending.com shall in no way be held liable for any consequence which results from WKLending.com's decision to modify or discontinue providing the Site or any content thereof.

Privacy

The terms of the WKLending.com Privacy Policy and Online Privacy Policy are hereby incorporated as part of these Terms of Use. In addition, the following terms further describe our privacy practices, and are hereby incorporated into and made part of the WKLending.com Privacy Policy:

Sharing Information: We share your personally identifiable information as described in the WKLending.com Privacy Policy. In addition, we share your personally identifiable information with any and all affiliates, service providers, and/or other third parties as are necessary to effect the requested transaction in order to provide you with our services. Also, we may share in aggregate, statistical form, non-personal information regarding the visitors to the Site, traffic patterns, and Site usage with our partners and/or affiliates. Further, we will disclose information we maintain, including personally identifiable information, when required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority.

Modifications to Information: We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use commercially reasonable efforts to respond promptly to update our database when you provide us with updated contact information or provide us with written notice that the personally identifiable information on record for your account is no longer accurate. It is your responsibility to ensure that all such information is accurate, complete and up-to-date. You may obtain from us, by email, the information in our records. If you wish to make any changes to any personally identifiable information you have provided to us, you may do so at any time by calling us at (855)227-4090.



Governing Law

The laws of the State of Nevada will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Site shall be brought in state or federal court in Nevada, and you consent to the jurisdiction of such courts.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. WKLending.com's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless WKLending.com agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and WKLending.com with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and WKLending.com with respect to such subject matter.



Contact

If you have any questions relating to these Terms of Use, the Site or WKLending.com, please contact: cash@wklending.com

Notice and Procedure for Making Claims of Intellectual Property Infringement

WKLending.com respects the intellectual property rights of others and makes every effort to ensure that the Site does not infringe on the intellectual property rights of other unaffiliated third parties. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please contact us at cash@wklending.com. In your written notice, please include the following information:

  • A letter signed either by the owner of the intellectual property or the person authorized to act on behalf of the owner of the intellectual property;
  • A detailed description of any intellectual property right(s) you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Contact information, including address, telephone number, and e-mail address, for the owner of the intellectual property or the person authorized to act on behalf of the owner of the intellectual property;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.