Website Terms of Use

Last updated June 12, 2023

These are Terms of Use on which you may use www.zable.com, its subsections and any of its microsites (the Website). Please read these carefully before you start to use the Website. By using our Website you indicate that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please refrain from using our Website.

In addition to these Terms of Use, you may enter into other agreements with us, Zendable, LLC (Zendable), banks and other lenders (Lenders) and with others that will govern your use of the products and services offered on the Website. 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 Website, then the other agreement will take precedence as it applies to the product or service.

If you are using our Website as a potential borrower, please note that you should always think very carefully before you commit to taking out a loan. Before proceeding with a loan, please make sure you read the Truth in Lending disclosure included at the front of your promissory note provided to you and seek advice if you are unclear about any of the terms.

1. Other Applicable Terms

These Terms of Use refer to our Privacy Policy, which also applies to your use of our Website. By using our Website, you consent to the terms and conditions of our Privacy Policy. The Zendable Privacy Policy and the applicable Lender’s Privacy Policy explain how the personal information you provide on this website is used and protected by Zendable, and/or such Lender when you use the Website.

2. Eligibility

This Website is intended solely for users who are 18 years of age or older, and any registration or use of the Website by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Website, 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, and any content or information that you have posted on the Website and/or prohibit you from using or accessing our products and services or the Website.

3. Accessing our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). You are responsible for making all arrangements necessary for you to have access to our Website.

Subject to your compliance with these Terms of Use, we grant you permission to use our Website, provided that: (a) use of our Website is permitted solely for your personal use, and you are not permitted to resell or charge others for use of or access to our Website, or to use our Website in any other manner inconsistent with these Terms of Use; (b) you will not duplicate, transfer, give access to, copy or distribute any part of our Website in any medium without our prior written authorization; and (c) you will otherwise comply with the terms and conditions of these Terms of Use and our Privacy Policy.

4. Contacts

You agree that we and any of our affiliates, agents, service providers or assignees may call you, leave you a voice, prerecorded, or artificial voice message, or send you a text, e-mail, or other electronic message for any purpose related to your loan, our products and services, or surveys or research (each a Communication). You agree that we and any of our affiliates, agents, service providers or assignees may call or text you at any telephone number associated with your loan, including cellular telephone numbers, and may send an e-mail to any email address associated with your loan. If you choose to update your contact information with us, including cellular telephone numbers, we may use it for Communication. You also agree that we and any of our affiliates, agents, service providers or assignees may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system or an artificial or prerecorded voice. Your consent to such Communications is not a condition of use of the Website. We will not charge you for a Communication, but your service provider may. In addition, you understand and agree we and any of our affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.

5. Your account and password

When you use our Website we will verify your identity by sending a unique link to your registered email. If you enter our site through that link, we will assume that you are the person giving instructions and making transactions. You will therefore be liable for such instructions and transactions.

We have the right to disable any user account, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

We may refuse to act on any instruction that we believe:

was not submitted by you;
was not clear;
might cause us to breach a legal or other duty; or
suggests that our Website is being used for an illegal purpose or a purpose that is in breach of our regulatory obligations.

6. Your Application

When you 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 or the Lender have with you or, if we are acting in a servicer capacity, restrict your future use of the Website and the products and services available through it. We reserve the right to reject any registration and/or decline any application for a loan.

7. Authorization for the Social Security Administration to Disclose Your Social Security Number Verification

I authorize the Social Security Administration (SSA) to verify and disclose to Zendable, Inc. and its affiliates and Socure Inc, their service provider, for the purpose of this transaction whether the name, Social Security Number (SSN) and date of birth I have submitted matches information in my SSA records. My consent is for a one-time validation within the next 90 days.

By clicking the AGREE & CONSENT button, you are signing the consent for SSA to disclose your SSN Verification to Zendable, Inc. and its affiliates and Socure Inc, and that your electronic signature has the same legal meaning, validity, and effect as your handwritten signature.

8. Restrictions on Use

You agree to abide by all applicable laws and regulations in your use of the Website and the products and services available through our Website. In addition, you agree that you will not do any of the following:

Register for more than one account (unless the additional account is for purposes of applying for additional products or services), or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
Submit content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our users to any harm or liability of any type;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Use the Website or our products and services in any manner that could damage, disable, overburden or impair the Website; or
Submit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

9. Our site changes regularly

We aim to update our Website regularly, and (provided such changes do not adversely affect you) may change the content at any time without notice by posting such changes on our Website. If the need arises, we may suspend access to our Website, or close it indefinitely without notice. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

10. Termination of your account

If you open a borrower account with us, once you have repaid all of the loans that we have granted to you, you may terminate your account with us by sending us an email to contact@zable.com.

Following notice of termination of your account, we will provide you with limited access to our Website and the “My loans” area of the Website for seven days so that you can download any of your account content or information relating to your loan(s). After the end of the seven-day period, you will no longer be able to access the “My loans” area of our Website. However, we and our collections agency will continue to maintain records regarding you to the extent that we are required by law to do so.

We may terminate your account if you have provided false information, seriously or repeatedly breached these Terms of Use, become bankrupt, or make a voluntary arrangement with anyone you owe money to. An account will terminate upon the death of its account holder.

We may either terminate or suspend your account immediately and without notice if we are aware or reasonably suspect that you are engaged in, or may be the victim of, any fraudulent activity. We will then notify you of any such termination or suspension as soon as is reasonably practicable, to the extent we are permitted to do so by applicable law.

11. Our liability

The Website and the products and services are provided "as is" and without any representation or warranty, whether express, implied or statutory. Zendable, the Lenders and our respective officers, directors, agents, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Neither we nor the Lenders warrant the accuracy, adequacy or completeness of the information provided on the Website and we and the Lenders expressly disclaim liability for any errors or omissions in such information. Neither we nor the Lenders guarantee continuous, uninterrupted or secure access to the Site or any of our Services, and the operation of the Site may be interfered with by numerous factors outside of our control. Neither we nor the Lenders guarantee or promise any specific results from use of the Site and/or our products and services. Calculators and tools on the Site provide you with estimates that may be different than actual amounts. Neither we nor the Lenders are responsible for the conduct, whether online or offline, of any user of the Site or the products or services available through it.

Nothing in these Terms of Use shall limit or exclude our liability for:

death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot be excluded or limited by law.

You agree that Zendable, on behalf of itself, or any Lender, may promptly correct any error that we discover, including any error in calculating your loan rates. If the error results in your receipt of an incorrect interest rate, APR, origination fee, or monthly amount owed, we will notify you and provide you with the correct rate. You agree to provide any additional consents necessary to correct any errors that occur.

To the extent permitted by law, we, other members of our group of companies, and third parties connected to us, hereby expressly exclude our liability under or in connection with these Terms of Use and/or your use of our Website whether in contract, tort (including negligence) or otherwise. This does not apply to the types of loss set out below.

12. Intellectual property rights

We or our licensees are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

You agree that the Website and all logos related to ours and the Lenders' products and services are ours, the Lenders’ and relevant licensors’ trademarks or registered trademarks, respectively. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. All right, title and interest in and to the Website, any content thereon, our products and services, the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property.

13. Copyright

If you believe that any material on the Website infringes upon any copyright that you own or control, you may send a written notification to us via email at support@zable.com, or via regular mail at Zendable, Spaces 1511, 1740 Broadway, New York, NY 10019. In your notification please:

confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
identify the copyrighted work or works you claim has been infringed;
identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material;
provide your contact details, including an email address; and
provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

14. Reliance on information posted

Commentary, information and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

15. Uploading content to our Website

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards which we upload to our Website from time to time.

You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of this warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.

We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with our content standards.

The views expressed by other users on our Website do not represent our views or values.

16. Viruses, hacking and other offences

In the event that you knowingly place viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful on to our Website, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

17. Linking to and from our Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards which we upload to our Website from time to time.

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Since third party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.

18. Limitation of Liability

You agree that all access and use of the Website and its contents and your use of the products and services is at your own risk. In no event shall we or any Lender be held liable for any damages, including direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or any linked site or use thereof or inability to use by any party, 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 we, a Lender or our respective representatives are advised of the possibility of such damages, losses or expenses.

19. Jurisdiction and Applicable Law

These Terms of Use shall be governed in all respects by the laws of the State of Delaware, 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.

20. Severability

If any term, covenant or condition of these Terms is held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed without such provision.

21. Agreement

These Terms of Use supplement any existing terms and conditions between you and Zendable, and together these constitute the whole agreement between you and Zendable. To the extent that there is any inconsistency between these Terms of Use and your existing terms and conditions, then these Terms of Use shall prevail in respect to our Website.

22. Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may have made as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

23. Your concerns

If you have any concerns about material that appears on our Website, please contact us at contact@zable.com.