Terms of Service

By using the WithClutch Inc website, you are agreeing to the following Terms of Use:

 

TERMS OF USE AGREEMENT FOR THE WEBSITE AND PROVIDED SERVICES

If a joint application is filed, they apply to each applicant equally.

 

You represent that the information that you have provided in the application process is true and complete, and that you are over the age of 21 and have the power and authority to enter into and perform your obligations under any auto refinancing loan that may be offered.

 

In addition:

  • You acknowledge that you may withdraw your application at any time.

  • You authorize WithClutch Inc to pull your credit report for the purpose of soliciting an offer to finance your loan from our lenders, lending partners, and third-parties ("Lender Network")

  • You authorize any party in our Lending Network, to which WithClutch Inc has submitted your application for credit to pull your credit report in order to evaluate your application.

  • You consent to the sharing of the information you have provided in the application and any credit reports obtained by WithClutch Inc with the Lender Network.

  • You understand that Lenders may keep your loan request information and any other information provided by WithClutch Inc or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them.

  • You agree to notify any particular Lender directly if you no longer want to receive communications from them.

  • You acknowledge that you have read the WithClutch Inc's Privacy Policy.

  • You understand that WithClutch Inc does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders.

  • You acknowledge that WithClutch Inc does not guarantee that a lender will finance your loan at specific terms and conditions, including a specific interest rate, even if you were pre-approved or pre-qualified for a specific rate.

  • You acknowledge that WithClutch Inc is not responsible for any errors or delays related to your application caused by incorrect information provided by you or other technical problems beyond our reasonable control.

  • You may consent to receive notices electronically and agree to receive such notices at WithClutch Inc's website. These notices may include privacy notices and information required by the Equal Credit Opportunity Act.

  • You acknowledge that the services offered by WithClutch Inc are available only to residents of, or secured by collateral located in, those states where any party in our Lender Network are licensed or authorized to make such loans.

  • You agree that WithClutch Inc shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. Your sole and exclusive remedy hereunder will be for you to discontinue your use of our services and terminate this agreement.

  • You acknowledge that this agreement shall be subject to the laws of the State of California.

 

CUSTOMER COMMUNICATIONS


By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or any party in our Lender Network for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or party in our Lender Network at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.

DISCLAIMERS AND LIABILITY

 

WithClutch Inc is not a lender or a creditor. WithClutch Inc does not make loans or credit decisions in connection with loans. WithClutch Inc does not endorse or recommend the products of any particular Lender. WithClutch Inc is not an agent of either you or any Lender. WithClutch Inc's services are only administrative. You should rely on your own judgment in deciding which available loan product, terms or Lender best suits your needs and financial means. The Lender is solely responsible for its services to you.

The data and other information you may provide WithClutch Inc is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. Likewise, WithClutch Inc does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender's conditional loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states. You might not be matched with the Lender making any specific offer.

WithClutch Inc is paid a marketing lead generation fee by Lenders for the goods, facilities and services provided. Your use of the Websites and/or WithClutch Inc's services constitutes your agreement with this compensation arrangement. At closing, you will be responsible for paying for any closing costs associated with your loan (such as loan processing, underwriting or funding fees). WithClutch Inc does not charge you a fee for its service in matching you with Lenders.

ACCESSING INFORMATION

 

WithClutch Inc does not perform hard inquiries into credit, rather it does a soft inquiry to adhere to Anti-Money Laundering requirements and to assist in identification and verification of consumers as well as to prevent fraud. The information WithClutch Inc receives from your credit report and/or credit score is not shared with Lenders, but is used by internal personnel on a “need to know” basis. From time-to-time WithClutch Inc is examined by State and Federal Regulators and as such is required to maintain your Personally Identifiable Information to adhere to those requirements. Your information may also be obtained from Lenders after you are matched to adhere to state and federal reporting and record retention requirements. You authorize WithClutch Inc and its participating Lenders to share such information as required.

NOTE: By completing a submission, you agree that WithClutch Inc can access certain information from your credit file. This information could include, but might not be limited to, your credit report, credit score, and other credit information.You agree that we may use and analyze your information as follows: (a) present you an analysis of your current auto loan including detailed information where available; (b) provide you with a pre-approval based on rates given to us by our Lender Network; and (c) serve you targeted ads and other communication based on your information.Your credit score or credit report will never be given to a third party by WithClutch Inc.

LENDER REQUIREMENTS


Requirements for your application to be considered by our lenders at minimum:

  • Must be 21 years old or older

  • Current loan balance of $10,000 or greater

  • Vehicle must be no older than 10 years

  • Vehicle must have less than 150,000 miles

  • Combined household income of $1,750/mo. or more

  • No repossessions, tax liens or bankruptcies in the last 2 years

If you do not meet the above criteria, please do not apply for financing.

DISCLAIMERS AND LIABILITY

 

WithClutch Inc intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided "as-is" without warranty of any kind, implied, expressed or otherwise. Under no circumstances will WithClutch Inc be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.

THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". WITHCLUTCH INC AND/OR ITS SUPPLIERS, LENDERS, OR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR WITHCLUTCH INC'S SERVICES IS AT YOUR OWN RISK. WITHCLUTCH INC AND/OR ITS SUPPLIERS, LENDERS, OR PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR WITHCLUTCH INC'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WITHCLUTCH INC'S RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WITHCLUTCH INC AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

INDEMNITY


As a condition of use of the Websites and/or WithClutch Inc's services, you agree to indemnify WithClutch Inc and its suppliers, Lenders, or Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

 

LIMITATION ON DAMAGES


In no event will WithClutch Inc have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.

LINKS TO THIRD PARTY WEBSITES


The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. WithClutch Inc does not operate or control in any respect any information, software, products or services available on such websites. WithClutch Inc's inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that WithClutch Inc is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

 

ERRORS AND DELAYS

 

WithClutch Inc is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.

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