Terms of Service
LAST UPDATE: October 15, 2023
Please read these Terms of Service (“Terms”) for LendPocket.com and its services carefully. By accessing, using, or browsing this website and any websites listed below, through means such as mail, text, telephone, facsimile, and email, you are accepting to be bound to these Terms of Service. LendPocket.com is a wholly owned by CHALKBOARD LLC (“we”, “our”, or “us”). “Chalkboard, LLC”, means CHALKBOARD LLC, its subsidiaries, affiliates, and any website operated by Chalkboard, LLC.
SECTIONS 9, 11, AND 15 OF THESE TERMS OF USE INCLUDE AN AGREEMENT TO ARBITRATE ALL CLAIMS AND INCLUDE DISCLAIMERS OF WARRANTIES AND LIBALITY. UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE BELOW ARBITRATION SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND CHALKBOARD, LLC WILL BE RESOLVED BY BINDNG, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.
Should you choose not to agree to these Terms of Service, please note that you do not have authorization to access or use the Websites and shall refrain from use of the Websites.
Under these Terms of Service, “You” or “Your” means the person(s) using the Websites, and/or the goods, services, or facilities of Chalkboard LLC (“Services”) and its affiliates. “You” or “Your” also includes any person(s) who have granted their consent to others to provide information about themselves to Chalkboard LLC (as defined below), the lenders, banks, providers, brokers, financial institutions, and aggregators of other goods and services (“Providers”). Chalkboard LLC “us”, or “we” means Chalkboard LLC, its subsidiaries, affiliates, and any website operated by Chalkboard, LLC.
1. Modification of Terms of Use
We may, at our discretion, modify, change, or discontinue any feature or aspect of the Websites and reserve the right to modify any terms or conditions as applicable to Website users, including Terms of Use. These modifications, changes, additions, or deletions shall take effect immediately upon being posted to Websites. Any use by You of the Websites, or the services or facilities offered through the websites shall be deemed to be your acceptance of such changes.
2. Access and Use of Website
By accessing the Websites, you are agreeing to be bound by these Terms of Use. Website use is intended for those individuals who are at least 18 years of age and who are residents of the United States and District of Columbia. Individuals under the age of 18 years or who reside outside of the United States or District of Columbia are not authorized to use the Website or to utilize Chalkboard LLC’s Services.
3. Consumer Privacy Policy
The Chalkboard LLC Privacy Policy, hereby incorporated into these Terms of Use, describes and explains the policies applicable to the information that is collected through the Websites received either directly from You or from third parties.
4. Authorization to Obtain a Credit Report and Credit Score and to Verify Your Information
You understand, acknowledge, and agree that by participating in the services offered by us, you are providing written instruction under the Fair Credit Reporting Act and other applicable laws authorizing us and the financial service providers with whom your request may be shared to obtain consumer reporting and other information about you from any consumer reporting agency in order to determine your eligibility for receive services. You understand that for any inquiries conducted by us, we will conduct a soft credit inquiry to obtain the aforementioned information which will not have any impact on your credit score. Furthermore, you understand and agree that Providers may use third-party services to obtain information relating to you and to verify your identity, whether to offer you a loan, including, without limitation, your address, phone number, employment history, bank account information, and social security number. You also understand that if you participate in a debt relief program, your credit may become adversely impacted, but that the initial soft inquiry conducted by us will not impact your credit score but will be used to help determine your eligibility.
5. Services Offered on the Site
This Website serves as an online marketplace that assists You in finding third parties for the purpose of providing You products and services as described on the Website. By indicating your acceptance through clicking “Submit” or other buttons indicating your acceptance, You are certifying that the information you have provided in Your loan request form is accurate, true, and complete. Both Lenders and non-lenders (“Providers”) who participate in our network may utilize specific criteria or filters to identify the consumers with whom they would like to connect. The Providers will also specify the prices they will pay Chalkboard for the opportunity to present an offer to consumers who meet the criteria of the Provider.
By submitting a loan request, Chalkboard LLC transmits the information You entered while utilizing the form to the network in a real-time capacity, which presents the information to Providers through an electronic format until a Provider (oftentimes the highest-bidding Provider) accepts your request. Following acceptance, you will be directed to that specific Provider’s website where you will be presented with a loan offer or other goods or services.
In the event that your request is not accepted by a Provider, you may be presented by an offer to submit an additional loan request or a request for a different product. We may share your contact information with third-party marketers who could contact you by SMS or email to offer you loans or other products. Please note that messaging rates may apply.
6. Important Information Regarding Tribal Lending Entities
By utilizing this website, you acknowledge and agree that your loan request may be accepted by a tribal or marketplace lender. These entities may claim exemptions from state licensing and usury caps based on tribal immunity or bank preemption. By accepting an offer from a Tribal Lender, you may be required to resolve any disputes in tribal jurisdiction. You are strongly encouraged to read and understand the terms and conditions of any loan offered by a lender. You should reject any such loan that you are unable to repay or cannot afford, or that may contain terms that you do not deem acceptable. By submitting your loan request, You agree that You have read, understand, and agree to the statement above.
Chalkboard LLC is not a lender and does not make credit decisions. Further, Chalkboard LLC does not broker loans to lenders. We are not involved in any credit transaction you may enter into with a lender and all credit decisions are made by the lender. You are not guaranteed to be approved for a loan by providing Your information on this website. Not all lenders will be able to provide loans in the amounts that have been advertised on the Websites. The amount of time it takes for a lender to transfer funds may vary between lenders and will depend on processing times at your financial institution. Please contact your lender with any inquiries regarding the details of your loan. Some services may not be available to residents of all states based on lender restrictions.
We neither endorse nor recommend any services offered by any Provider. You should use Your judgment when deciding which available loan terms, products, lenders, and or Providers suit Your needs and financial situation.
We offer no guarantee that loan rates or terms offered and made available by lenders are the best terms or lowest rates available.
CHALKBOARD LLC is NOT RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OCCURING ON BEHLAF OG THE PROVICER INCLUDING FOR ANY SERVICES OR QUOTES THAT ANY SUCH PROVIDER MAY PROVIDE, FOR ANY PROVIDERS CONTACTING OR FAILUR TO CONTACT YOU, FOR ANY PROVIDERS PERFORMANCE OR FAILURE TO PERFORM ANY SERBICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY PROVIDER.
By submitting a loan request, You understand that the information your provide in your loan request may be shared with Providers. Providers may retain the information you submit in Your request form in addition to any other information provided by use or received by them in the processing of your loan request or other products or services. Providers may retain this information regardless of whether or not you qualify to receive a loan offer from them, and whether or not you are qualified to obtain the goods or services offered. You agree to notify any Provider directly in the event you no longer wish to receive communications from them
Chalkboard LLC may share information You provide to us with state licensing authorities and government regulators as required by applicable law.
In accordance with the contractual relationships between Chalkboard LLC, chalkboard may receiving information from your Provider regarding your application status. Such data may include but is not limited to the amount or disposition of your loan. You may review your Lender and/or Provider’s Privacy Policy to understand information that is specific to you and how it is used by your Lender and/or Provider. NOTE: You are providing express written consent for Chalkboard LLC and the selected Provider to disclose this personally identifiable information for litigation, law enforcement requests, regulatory requests and for internal analytics or marketing purposes.
Your submission of a loan request through the Websites indicates your consent to be contacted by our marketing partners and by each Provider to whom your information is submitted, as well as their affiliates and service providers through the following methods: (i) telephone at the numbers You have provided whether landline or cellular, even if your number is on any Do Not Call list and You agree to receive pre-recorded calls and/or calls made with an automatic dialing system; (ii) by email at the email address You provided or at another address that may be associated with You that we receive from other parties; You agree that any such email will not be considered spam or unauthorized by any local, state, or federal law or regulation and/or (iii) by SMS messaging to the mobile number that You provided, in which case data and messaging rates may apply. Consent is not required in order to purchases goods and services from Chalkboard LLC or the Providers who may contact You. You understand that by submitting request, you are establishing a business relationship between you and Chalkboard, LLC.
By submitting your loan request, you are granting us permission to retain any and all such information provided and to make live or recorded calls to discuss, provide you with- , or remind you of- any information regarding Your submission, such as incomplete loan requests, the delivery of loan request offers, quality of services, deadlines, or other matters in connection with your loan request or any other good or service.
Should you decide that you do not wish to receive communications from Chalkboard LLC, you may contact unsusbcribe@chalkboardfunds.com . Should you wish to continue receiving communications from Providers, please contact them directly.
Chalkboard LLC and or Providers may obtain, record, and very information including your name, address, telephone number, date or birth and social security number to assist in confirming your identity. During the Provider’s formal application process, you may be asked to share your driver’s license or other identifying information to assist in certifying Your identity.
While we provide Services designed for your convenience, our Services should not be considered a substitute for professional advice. Our services should not be construed a s the providsion of advice or recommendations, and should not be relied upon as the basis for making a financial decision or action. We take no responsibility for the accuracy or reliability of any Services. It is Your responsibility to evaluate the completeness, accuracy, and usefulness of any Services available through use of the Websites. The relationship between You and us is not a professional or similar relationship. You should always seek the advice of a qualified professional when you have questions and never disregard the professional advice you receive or delay in seeking it because of the information you have read on the Website.
7. Consent to Receive Electronic Disclosures and Communications
Though we may communicate with You via mail, we may also communicate with you through other means such as email or via notices posted on the Website. You acknowledge and agree to receive communications from us and our affiliates through electronic format, and all agreements, notices, disclosures, and other such communications that we provide to you (“Disclosures and Communications”) satisfy any legal requirement that such communications be written.
Providers may have legal obligations to provide you with certain Disclosures and Communications. Providers will need to obtain your consent in order to provide you with such Disclosures and Communications via an electronic format. Your submission of a request through the Websites serves as your affirmative consent and agreement to receive all such Disclosures and Communications required by law in accordance with the Consent to Receive Electronic Disclosures and Communications. PLEASE REVIEW THE TERMS OF THIS CONSENT VERY CAREFULLY.
Disclosures and Communications may convey or transmit information about the action taken on Your request, portions of Your request that may require additional information/explanation or are incomplete, and/or notices that are required to be made under applicable law, which can include Truth in Lending Dislcosures, other terms, State disclosures, other documents, terms, conditions, and privacy policies of Chalkboard LLC and Providers. You have the right to request any document in a non-electronic format and to withdraw your consent to receive electronic delivery at any time by visiting Chalkboard LLC at unsubscribe@chalkboardfunds.com
Chalkboard LLC
447 Sutter St Ste 405 #374
San Francisco, CA 94108
By submitting a loan request through the Websites, You are providing your consent to be contacted by our marketing partners and each Provider to whom your information is transmitted, as well as to their service providers and affiliates, via (i) the telephone number you provided whether cellular or landline, even if the number is on any Do Not Call List, and you agree to receive calls and pre-recorded calls made via automatic dialing system; (ii) by email at the address your provided or at any other address that may be associated with You that we obtain from other parties; You further agree that any such email will not be considered spam or unauthorized by any federal, state, or local law or regulation and/or; (iii) by SMS messaging to the mobile phone number that you provide, in which data and messaging rates my apply. Your consent is not required to purchase goods and services from Chalkboard LLC or the Providers that contact you. Your submission of a loan request through Chalkboard LLC establishesa business relationship between you and Chalkboard LLC.
By submitting your loan request, you are granting us permission to retain any and all such information provided and to make live or recorded calls to discuss, provide you with- , or remind you of- any information regarding Your submission, such as incomplete loan requests, the delivery of loan request offers, quality of services, deadlines, or other matters in connection with your loan request or any other good or service.
Should you decide that you do not wish to receive communications from Chalkboard LLC, you may contact unsusbcribe@chalkboardfunds.com . Should you wish to continue receiving communications from Providers, please contact them directly.
Request for other Products and Services (Including Finder/Locator Services)
Chalkboard LLC may allow you to request products and services outside the scope of loans on its Websites.
8. Use of the Website in the United States
The Website is operated and controlled from the United States and is not intended to be subject to non-U.S. jurisdiction or laws, unless as otherwise expressly stated in this Agreement. The Website may not be available for use in some jurisdictions outside of the United States, or may not be appropriate for use in some jurisdictions outside of the United states. By accessing this website, you are voluntarily doing so – of your own initiative – and at your own risk. You are required to comply with all relevant laws, rules, and regulations, including any concerning export controls, embargoes, or any other such rules and regulations that restrict exports. We may limit the availability of the Website in whole or in part, to any person, jurisdiction, or geographic area that we so choose, at our sole discretion and at any time.
9. Copyright, Trademark, and Service Mark Notices
All content displayed on websites is subject to copyright and other protections. Chalkboard LLC is a trademark of Chalkboard LLC. Other product and company names that may be mentioned herein, including the names of any Providers may be the trademarks of their respective owners.
Nothing displayed on the Websites should be construed as granting, by implication, estoppel, or otherwise a license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Websites without prior express written permission of Chalkboard LLC or the applicable Mark holder specific for each use. The Marks may not be used to disparage Chalkboard LLC, the Providers, the applicable third party or the products and services offered by such parties, nor shall they be used in any such manner that could damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is strictly prohibited unless the establishment of such a link has obtained prior approval by Chalkboard LLC in writing.
Every item appearing on the Websites is protected under United States copyright laws and other countries and may not be used except as described in these Terms of Service. Chalkboard LLC neither represents nor warrants that Your use of materials displayed on Websites will not infringe on the rights of third parties.
10. Disclaimers and Liability
The Websites and Services are subject to change. No prior notice may be given, and Chalkboard LLC has no ability to control the availability of any Providers’ goods and services which also could change without prior notice. UNDER NO CRIMCSTANCES WILL CHALKBOARD LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE COMPLETENESS, USEFULLNESS, AND ACCURACU OF ANY INFORMATION, ADVICE, OPINON, AVAILABLE THROUGH THE WEBSITES.
THE WEBSITES AND THE INFORMATION, SOFTWARE, SERVICES, AND PRODCUTS ASSOCIATED WITH IT ARE PROVIDED “AS IS”. Chalkboard LLC AND/OR ITS SERVICE PROVIDERS, SUPPLIERS, LENDERS, OR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WESBTIES AND ANY INFORMATION, SOFTWARD, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING, WITHOUT LIMITATION, THE IMPLIDE WARRANTIES OF TILE, MERCHANTABILITY, FITNESS FOR A PARTIUCLAR PURPOSE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR Chalkboard LLC’s SERVCIES IS DONE AT YOUR SOLE RISK. Chalkboard LLC, AND/OR ITS SUPPLIERS, LENDERS, SERVICE PROVIDERS, AND PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNATIVE, SPECIAL, INCIDENT, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITES AND/OR Chalkboard LLC’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITITES. OR FOR ANY INFORMATION, PRODUCTS, SERVICES, AND SOFTWAR OBTAIED THROUGH THE WEBSITES, DATA OR PERSONAL INFORMATION, DELAY IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WEHTHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, ACTS OF GOD, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Chalkboard LLC’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, STRICT LIABILITY, NEGLIGGENCE OR OTHERWISE EVEIN IF Chalkboard LLC AND/OR ITS SUPPLIERS, OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLWOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXXCLUSION MAY NOT APPLY.
11. Indemnity
By using these Websites and as a condition of using these Websites, You agree to indemnify Chalkboard, LLC and its suppliers and Providers from and against any and all liabilities, expenses (including attorney’s fees) and damages that may arise out of claims resulting from your use of the Websites including, without limitation, any claims that allege dacts that if true would constitute a breach by You of these Terms of Service.
12. Limitation on Damages
In no event with Chalkboard LLC have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive, or exemplary damages.
13. Links to Third-Party Websites
Chalkboard, LLC has not reviewed any websites that may be linked to the Websites and holds no responsibility for the content of any off-site pages or any other such sites linked to the Website. Your linking to any other off-site pagers or other sites is done so at Your own risk.
14. Errors and Delays
Chalkboard, LLC is not responsible for any errors or delays in responding to a request or referral form caused by any reason, including but not limited to and incorrect email address provided by you or any other such technical problems that fall outside of the scope of our reasonable control.
15. Release and Discharge
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE Chalkboard, LLC AND ITS SERVICE PROVIDERS, AS WELL AS EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITES.
16. Dispute Resolution
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Chalkboard, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST Chalkboard, LLC INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Unless you opt out or for disputes relating to Your relationship with the Websites, including disputes related to these Terms of Use (as provided for below), Your use of the Websites and/or rights of privacy and/or publicity will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and You and Chalkboard, LLC hereby expressly waive trial by jury.
Alternatively, you may bring your claim in “small claims” court if permitted by that specific small claims court’s rules. You may bring claims solely on your own behalf and neither you nor Chalkboard LLC will participate in a class action nor class-wide arbitration for any claims covered by these Terms of Service. You further agree not to participate in claims brought in a private attorney general or representative capacity, or via consolidated claims involving another person’s account if Chalkboard LLC is a party to the proceeding.
The dispute resolution provision is to be governed by the Federal Arbitration Act. Should the American Arbitration Association be found unwilling or unable to set a hearing date that falls within one hundred and sixty (160) days from the date the case is filed, either Chalkboard LLC or You can elect to have the arbitration instead administered by the Judicial Arbitration and Mediation Services. Judgement on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damaged, awards, nor remedies that conflict with this Agreement.
You have the right to opt out of this agreement to arbitrate. Should you opt out, neither You nor Chalkboard LLC can subsequently require the other to participate in an arbitration proceeding. To opt out, You must notify Chalkboard LLC in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use the following address to opt out:
Chalkboard LLC
447 Sutter St Ste 405 #374
San Francisco, CA 94108
You must provide your name and residential address, the email address that you used, and a clear statement indicating your request to opt out of this arbitration agreement.
The arbitrator’s award will be final and binding on all parties, except that the losing party may request a new arbitration under the rules of the arbitration organization by a panel consisting of three arbitrators.
If the prohibition against class actions and other such claims brought on behalf of third parties contained above is deemed to be unenforceable, all of the preceding language in this arbitration clause will be made null and void. This arbitration agreement will survive the termination of your relationship with Chalkboard, LLC.
In any arbitration, Chalkboard LLC will pay for the filing, administration, service, or case management fee and the costs associated with the first day of arbitration, with the remaining costs paid by the non-prevailing party. Chalkboard LLC will pay additional arbitration expenses to the extent the arbitrator determines that Chalkboard LLC must do so in order to ensure enforceability of this Arbitration Clause. Each party shall be responsible for its respective attorney, experts, and any other fees unless awarded by the arbitrator under applicable law.
In the event that a dispute arises and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Chalkboard, LLC, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles, CA except in the event of a claim made in small claims court and provided for herein. Should either party employ attorneys to enforce its right in connection with any dispute or lawsuit, the prevailing party shall be entitled to the recovery of reasonable attorney’s fees.
17. Other Terms
These Terms of Service constitute the entire agreement between You and Chalkboard LLC and supersede all prior or contemporaneous communications, promises, and proposals, whether oral, written, or electronic, exchanged between you an Chalkboard, LLC
These Terms of Service shall be subject to and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations that have been set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service shall continue in their effect.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records that were originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.