www.fidelityfirstcapital.com Terms & Conditions of UseEffective: January 17, 2023
www.fidelityfirstcapital.com and its owner and operator (“www.fidelityfirstcapital.com,” “we,” “us,” or “our”) provides our loan referral services (described below) and related content to you through our website(s) located at www.fidelityfirstcapital.com (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps) and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms and Conditions of Use (as amended from time to time, the “Terms”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you will not access, browse, or otherwise use the Service.
PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
TERMS AND CONDITIONS
Loan Referral Service
www.fidelityfirstcapital.com is not a lender and does not make loans or credit decisions. www.fidelityfirstcapital.com does not guarantee that any Lender Partner will offer you a loan or that any loan offer will contain any specific loan terms or conditions. www.fidelityfirstcapital.com does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by Lender Partners through the Service are the best terms available in the market.
Once you submit a Request Form, www.fidelityfirstcapital.com shares your information with our Lender Partners. By submitting a Request Form, you understand and agree that you requesting loan offers from the Lender Partners. You are also agreeing that www.fidelityfirstcapital.com and the Lender Partners may contact you by any means (including email, telephone, SMS, and direct mail) so that they may assist in processing your Request Form or provide information to you about additional offers now or in the future.
Lender Partners who receive your Request Form review your information in real-time to determine whether your information meets the Lender Partner’s underwriting criteria. Lender Partners may use your Request Form information to perform a credit check. This credit check may be a formal credit inquiry which leaves a record on your credit report and may affect your credit score (a “Hard Check”). Or it could be an informal inquiry which will not affect your credit (a “Soft Check”). These credit checks may be performed through TransUnion, Equifax, or Experian (the “Big Three”) or they may be performed through other alternative credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau, or DataX) that track consumer transactions with lending institutions. By submitting your Request Form, you agree to allow Lender Partners to review, verify, and research your information in such a manner.
By Submitting your Request Form you agree to receive notifications, disclosures, and other documents and communications both from www.fidelityfirstcapital.com and from our Lender Partners. If you are connected to a Lender Partner, that lender may require you to execute an electronic loan contract. This electronic loan contract will be as binding as a loan contract in paper form. And your electronic signature will be as valid as a physical signature on a paper loan contract.
The lender may also require you to consent to receiving all notifications regarding your loan electronically. These electronic communications may include attempts to collect a debt.
Additionally, the lender may require you to access documents related to a loan, including your loan contract. By Submitting your Request Form you agree to this form of access.
The lender may allow you to withdraw your consent to electronic disclosures. Please contact the lender with whom you were connected to learn more about this process. Please note, however, that not consenting to receive electronic disclosures may affect your ability to receive a loan from a Lender Partner.
You represent that the information you provide to www.fidelityfirstcapital.com, and ultimately, the Lender Partners, through your Request Form is accurate and truthful. If the information in your Request Form is not accurate and truthful, www.fidelityfirstcapital.com may deny, suspend, or terminate your use of the Service.
Control over Features, Functions, and Access to the Service
www.fidelityfirstcapital.com may change any information, features, or functions of the Service without prior notice. www.fidelityfirstcapital.com may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that www.fidelityfirstcapital.com determines, in its sole discretion, violate these Terms, the rights of www.fidelityfirstcapital.com or any third party, or is otherwise inappropriate. www.fidelityfirstcapital.com is not responsible for any errors or delays in providing Service caused by errors in the Request Form information provided by you or by any technical problems beyond its reasonable control.
Disclaimers and Limitations
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” www.fidelityfirstcapital.com EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
www.fidelityfirstcapital.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK.
www.fidelityfirstcapital.com OR THE LENDER PARTNERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF www.fidelityfirstcapital.com OR THE LENDER PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
www.fidelityfirstcapital.com DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR LENDER. www.fidelityfirstcapital.com IS NOT AN AGENT OF YOU OR ANY PARTICIPATING LENDER. www.fidelityfirstcapital.com IS NOT INVOLVED WITH THE LENDER’S USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A DETERMINATION ABOUT WHETHER YOU MEET A PARTICULAR LENDER’S UNDERWRITING CRITERIA. THE LENDER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT www.fidelityfirstcapital.com WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT LENDER PARTNERS MAY KEEP YOUR REQUEST FORM INFORMATION, WHETHER OR NOT YOU ARE QUALIFIED FOR A LOAN WITH THEM.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF www.fidelityfirstcapital.com, THE LENDER PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
As a condition of using the Website or the Services, you agree to indemnify www.fidelityfirstcapital.com and the Lender Partners from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Website, including any claims alleging facts that if true would constitute a breach by you of these Terms.
Links to Third Parties
The Website may contain links to other websites operated by Lender Partners or other third parties. These links are provided for your convenience and reference only. www.fidelityfirstcapital.com does not operate or control in any respect any information, software, products, or services available on such third-party sites. www.fidelityfirstcapital.com’s inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and www.fidelityfirstcapital.com, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and www.fidelityfirstcapital.com are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND www.fidelityfirstcapital.com AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND www.fidelityfirstcapital.com AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@LendYou.com. If such efforts prove unsuccessful, You and www.fidelityfirstcapital.com agree that a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to www.fidelityfirstcapital.com should be sent to 1125 E. Broadway #545, Glendale, CA 91205 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If www.fidelityfirstcapital.com and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or www.fidelityfirstcapital.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by www.fidelityfirstcapital.com or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or www.fidelityfirstcapital.com is entitled.
d. Arbitration Procedures
Unless you and www.fidelityfirstcapital.com agree in writing to proceed before a different arbitral body and/or arbitral rules, any arbitration between you and US will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless www.fidelityfirstcapital.com and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA or the arbitrator. If your claim is for $10,000 or less, www.fidelityfirstcapital.com agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement or the parties entered into a separate agreement. If the value of the relief sought is $75,000 or less, at your request, www.fidelityfirstcapital.com will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, www.fidelityfirstcapital.com will pay your portion of such fees. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, www.fidelityfirstcapital.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, www.fidelityfirstcapital.com agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending www.fidelityfirstcapital.com written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
www.fidelityfirstcapital.com Notice for Electronic Signatures, Records, and Disclosures (“E-Consent”)
Please read this information carefully. In order to offer you a service, you may be required to use and accept electronic signatures, records, and disclosures. By accepting this E-Consent Notice, www.fidelityfirstcapital.com may interact with you electronically, including sending you electronic notices related to your interactions and transactions. By accepting this E-Consent Notice, you are also consenting to enter into binding legal obligations via electronic signatures, which are as valid and binding as signatures on paper.
SMS Terms & Conditions
By providing a mobile phone number you are opting in to communications via SMS from www.fidelityfirstcapital.com and the Lender Partners. These communications may include a follow-up SMS message containing a link to your completed loan Request Form, payment reminders from Lender Partners, and future offers.
For additional support: info@LendYou.com
Message and Data Rates May Apply. Under no circumstances will www.fidelityfirstcapital.com be responsible for fees that your wireless carrier or other third parties may charge you for use of this service.
Messages may be delayed or undelivered for various factors. Carriers are not liable for delayed or undelivered messages.
These Terms constitute the entire agreement between you and www.fidelityfirstcapital.com. These Terms will be governed by the laws of California without regard to its conflict of law principles. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely connects the intent of the original provision and the remainder of these Terms will remain in effect. Any failure by www.fidelityfirstcapital.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. www.fidelityfirstcapital.com may amend these Terms at any time by posting the amended terms on its website. All amended terms are automatically effective immediately upon posting.
You may direct any questions concerning these Terms to:
1125 E. Broadway #545,
Glendale, California 91205