OUR COMMITMENT TO FAIRNESS
FAIR LENDING POLICY STATEMENT
General Policy Statement
It is the policy of Elastic Lending, LLC (“Elastic”) and affiliates to make credit
products and associated loan operations support services available to all qualified
applicants without discriminating on the basis of race, color, religion, national
origin, sex, marital status, or age (provided that the applicant has the capacity
to enter into a binding contract); the fact that all or part of the applicant’s
income derives from any public assistance program; or the fact that the applicant
has in good faith exercised any right under the Consumer Credit Protection Act.
It is Elastic policy to treat all consumers consistently and fairly. The standard
for all employees is to provide service in a fair, equitable, and consistent manner.
Elastic is committed to making credit products and services available to diverse
communities and customers on an equal opportunity basis. This commitment is reflected
in formal processes and systems designed to ensure compliance with fair lending
requirements. Elastic dedicates information and training resources in an ongoing
effort to maintain a high level of employee awareness for providing credit products
and services in a fair, equitable, and consistent manner.
Advertising
Elastic will not engage in advertising practices or other outgoing communications
that would discourage on a prohibited basis the making or pursuing of an application
for credit.
Notification
Elastic will provide notices of action taken on loan applications in accordance
with the provisions of the Equal Credit Opportunity Act and Federal Reserve Board
Regulation B.
IMPORTANT INFORMATION REGARDING PROCEDURES FOR OPENING A NEW ELASTIC
ACCOUNT
To help the government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify, and record information
that identifies each person who opens an account.
What this means for you: When you open an Elastic account, we will ask for your
name, address, date of birth, and other information that will allow us to identify
you. We may also ask to see your driver's license or other identifying documents.
TERMS OF USE
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
User Agreement
The following are terms of a legal agreement (the “Agreement”) between you and Elastic
Lending, LLC (“we”, “us”, or “our”) that sets forth the terms and conditions for
your use of this web site (the “Site”). This Site is being provided to you expressly
subject to this Agreement. By accessing, browsing and/or using this site (“Site”),
you acknowledge that you have read, understood, and agree to be bound by the terms
of this Agreement and to comply with all applicable laws and regulations. The terms
and conditions of this Agreement form an essential basis of our bargain.
We reserve the right to amend this Agreement at any time and will notify you of
any such changes by posting the revised Agreement on the Site. You should check
this Agreement periodically for changes. All changes shall be effective upon posting.
Your continued use of the Site after any change to this Agreement constitutes your
agreement to be bound by any such changes. We may terminate, suspend, change, or
restrict access to all or any part of this Site without notice or liability.
Limitation of Use
The copyright in all material on this Site, including without limitation the text,
data, articles, design, source code, software, photos, images and other information
(collectively the “Content”), is held by Elastic or by the original creator of the
material and is protected by U.S. and International copyright laws and treaties.
You agree that the Content may not be copied, reproduced, distributed, republished,
displayed, posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or otherwise, without
the express prior written consent of Elastic. You acknowledge that the Content is
and shall remain the property of Elastic. You may not modify, participate in the
sale or transfer of, or create derivative works based on any Content, in whole or
in part. The use of the Content on any other Site, including by linking or framing,
or in any networked computer environment for any purpose, is prohibited without
Elastic’s prior written approval. You also may not, without Elastic’s express written
permission, “mirror” any material contained on this Site on any other server. Any
unauthorized use of any Content on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited
from any use of the Content of Site that would constitute a violation of any applicable
law, regulation, rule or ordinance of any national, state, or locality or of any
international law or treaty, or that could give rise to any civil or criminal liability.
Any unauthorized use of the Site, including but not limited to unauthorized entry
into Elastic’s systems, misuse of passwords, or misuse of any information posted
on the Site is strictly prohibited. Elastic makes no claims concerning whether the
Content may be downloaded or is appropriate for use outside of the United States.
If you access this Site from outside of the United States, you are solely responsible
for ensuring compliance with the laws of your specific jurisdiction. Your eligibility
for particular products or services is subject to final determination by Elastic.
Patent Information
Technologies and processes embodied in and used by this Site are covered by one
or more Elastic U.S. patents and by other patents pending.
Trademarks
Elastic (including the Elastic logo), Elastic.com, and all related logos (collectively
the “Elastic trademarks”) are trademarks or service marks of Elastic. Other company,
product, and service names and logos used and displayed on this Site may be trademarks
or service marks owned by Elastic or others. Nothing on this Site should be construed
as granting, by implication, estoppel, or otherwise, any license or right to use
any of the Elastic trademarks displayed on this Site, without our prior written
permission in each instance. You may not use, copy, display, distribute, modify
or reproduce any of the trademarks found on the Site unless in accordance with written
authorization by us. We prohibit use of any of the Elastic trademarks as part of
a link to or from any site unless establishment of such a link is approved in writing
by us in advance. Any questions concerning any Elastic Trademarks, or whether any
mark or logo is a Elastic Trademark, should be referred to Elastic.
Links to Third-Party Sites
This site may contain links to websites controlled or offered by third-parties (non-affiliates).
Elastic hereby disclaims liability for any information, materials, products or services
posted or offered at any of the third-party sites linked to this website. By creating
a link to a third-party website, Elastic does not endorse or recommend any products
or services offered or information contained at that website, nor is Elastic liable
for any failure of products or services offered or advertised at those websites.
Such third-party may have a privacy policy different from that of Elastic and the
third-party website may provide less security than the Elastic site.
Disclaimer of Warranties
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS,
LINKS OR OTHER ITEMS AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE,” WITHOUT ANY
WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. ELASTIC DOES NOT
WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES
NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ELASTIC MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT
PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED
AS OF ITS DATE ONLY, AND ELASTIC DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY
TO UPDATE OR AMEND ANY SUCH INFORMATION. ELASTIC RESERVES THE RIGHT TO TERMINATE
ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE
COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS
AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL ELASTIC BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, LOSSES OR EXPENSES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND
WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO
THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY
SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF ELASTIC, OUR REPRESENTATIVES THEREOF, ARE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. [YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.] IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE
INVALID, YOU AGREE THAT ELASTIC’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES
OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless Elastic from and against any and all claims,
losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred
by Elastic in connection with any claim by a third party (including any intellectual
property claim) arising out of (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 applicable law. You further agree that you will
cooperate fully in the defense of any such claims. Elastic reserves the right, at
their own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and you shall not in any event settle any such
claim or matter without the written consent of Elastic.
Monitoring of the Site
Elastic has no obligation to monitor the Site; however, you acknowledge and agree
that Elastic has the right to monitor the Site electronically from time to time
and to disclose any information as necessary or appropriate to satisfy any law,
regulation or other governmental request, to operate the Site, or to protect itself
or other users of the Site.
Submissions
All information submitted to Elastic via this site shall be deemed and remain the
property of Elastic and Elastic shall be free to use, for any purpose, any idea,
concepts, know-how or techniques contained in information a visitor to this site
provides Elastic through this Site. Elastic shall not be subject to any obligations
of confidentiality regarding submitted information except as agreed by the Elastic
entity having the direct customer relationship or as otherwise specifically agreed
or required by law. Nothing contained herein shall be construed as limiting or reducing
Elastic’s responsibilities and obligation to customers in accordance with the Elastic
Privacy Policy.
Use of Personally Identifiable Information
Elastic’s practices and policies with respect to the collection and use of personally
identifiable information are governed by Elastic’s Privacy Policy.
Availability
This site is not intended for distribution to, or use by, any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
local law or regulation. By offering this site and Content no distribution or solicitation
is made by Elastic to any person to use the Site or Content in jurisdictions where
the provision of the site and/or content is prohibited by law.
Termination
This Agreement is effective until terminated by Elastic. Elastic may terminate this
Agreement at any time without notice, or suspend or terminate your access and use
of the Site at any time, with or without cause, in Elastic’s absolute discretion
and without notice. The following provisions of the Agreement shall survive termination
of your use or access to the Site: the sections concerning Indemnification, Disclaimer
of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution,
and General Provisions, and any other provision that by its terms survives termination
of your use or access to the Site.
Waiver
Failure by Elastic to enforce any of its rights under this Agreement shall not be
construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by
and construed in accordance with the laws of the United States and, to the extent
applicable, to the laws of the State of Virginia, without regard to its conflict
of laws rules. You agree that you will notify Elastic in writing of any claim or
dispute concerning or relating to the Site and the information or services provided
through it, and give Elastic a reasonable period of time to address it BEFORE bringing
any legal action, either individually, as a class member or representative, or as
a private attorney general, against Elastic.
Other Agreements
This Agreement shall be subject to any other agreements you have entered into with
Elastic.
Additional Terms
Certain sections or pages on the Site may contain separate terms and conditions
of use, which are in addition to the terms and conditions of this Agreement. In
the event of a conflict, the additional terms and conditions will govern for those
sections or pages.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the
remaining provisions shall be enforced to the fullest extent possible, and the remaining
provisions of the Agreement shall remain in full force and effect.
General Provisions
This Agreement supersedes any previous Terms of Use Agreement to which you and Elastic
may have been bound. This Agreement will be binding on, inure to the benefit of,
and be enforceable against the parties and their respective successors and assigns.
Neither the course of conduct between parties nor trade practice shall act to modify
any provision of the Agreement. All rights not expressly granted herein are hereby
reserved. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
