These terms of use ("Terms of Use") are provided on behalf of Upstart Network, Inc. and its affiliates ("Upstart", "we", "us", "our"). By using www.upstart.com, including any sub-domain thereof (the "Site"), you signify that you have read, understand and agree to be bound by these Terms of Use, regardless of whether you are a registered member of the Service. Please read them very carefully. If you do not wish to be bound by these terms of use, you should not access or use the Site. In addition to these Terms of Use, you may enter into other agreements with us, Upstart Network Trust, and/or Cross River Bank that will govern your use of the products and services offered on the Site. If there is any contradiction between these Terms of Use and another agreement you enter into that is applicable to a product or service offered on the Site then the other agreement will take precedence as it applies to the product or service.

Eligibility

This Site is intended solely for users who are 18 years of age or older, and any registration or use of the Site by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Site, you represent you are 18 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration, delete your loan listing and any content or information that you have posted on the Site and/or prohibit you from using or accessing our products and services or the Site.

Privacy

Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Site. We will not share or sell any of your information with any third party, except as specifically described in our privacy statement, which is incorporated by reference into these Terms of Use.

Registrations and Applications

You may be presented with the opportunity to register, apply for a loan or register to be an investor through the Site. When you register, become an investor, or apply for a loan, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Site and our products and services. We reserve the right to reject any registration and/or decline any application for a loan.

Your Account

When you successfully register with us you will be required to create an account on the Site. When you create an account, you must pick a user name and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You may be required to login in order to use certain parts of the Site.

Your Content and Information Sharing

By providing information or content on the Site, you expressly agree to all of the following:

• You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldlicense to use any information or content that you provide in connection with your use of the Site and our services, subject to the privacy provisions described in our privacy policy. We have the right to review, delete, edit, modify, reformat, excerpt, or translate any of your information or content.
• You are solely responsible for the content and information you make available through or in connection with our products and services.

All the information and content posted on the Site or privately transmit through the Site or via other means in connection with our services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omission in any information or content posted by a user.

Changes and Modifications

We reserve the right to temporarily or permanently modify or discontinue the Site, or any portion of the Site, for any reason, without notice to you. We may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of California, without regard to its provisions relating to conflict of laws. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Got questions?

If you have any questions regarding our terms of use. Please email support@livingequity.com