The following Terms of Service (the “ToS” or “Terms of Service”) govern your access to and use of this website, www.quick.me (together with any user, borrower or investor accounts on the website, the “Website”). All use of the Website and the Content (as defined in the Intellectual Property section below), including your account on the Website (your “Quick Account”), is subject to the ToS.
By applying to use or using the Website, you acknowledge that you have read, understood and agree to comply with these terms, and are entering into a binding legal agreement with Quick, Inc.
If you do not agree with anything contained in the ToS, please do not submit information to, access information from, or otherwise utilize the Website.
In the ToS: Users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as “you” or “your.”
Quick, Inc., a Delaware corporation, together with its applicable subsidiaries, affiliates, assignees, successors and its and their respective officers, directors, employees and agents are referred to as “Quick”, “we,” “us” or “our.” Together, “you” and “we” may be collectively referred to as “Parties.”
Modifications to the Terms of Service and the Website:
Quick reserves the right to make changes to the Terms of Service at any time. It is your responsibility to review the ToS from time to time to see if modifications have been made. Your continued use of the Website after any modification of the Terms of Service will conclusively indicate that you accept those changes. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.
By clicking the check box on the Quick loan application referring this notice and continuing with the application process, each individual serving as a guarantor ("Guarantor", "you" or "your") in connection with the applicant for credit (the "Applicant") understands and agrees that you are authorizing Quick, Inc. (“Quick”), or its agents, to obtain credit reports and related information about you from one or more consumer credit reporting agencies, such as Experian, Equifax, and TransUnion.
Quick may request your credit reports to make credit decisions on your application for commercial credit. You direct Quick to provide on your behalf certain elements of your application, and elements derived in whole or in part from certain elements of your application, to its affiliates and potential investors in Quick or its affiliates.
You authorize Quick to obtain your credit reports each time the Applicant requests a loan, during the processing or closing of a loan to the Applicant, or at various times during the term of the Applicant's loan in connection with the servicing, monitoring, collection or enforcement of the loan.
Credit scoring, based on personal credit data of each Guarantor, may be used in the evaluation of a credit request by the Applicant. We may report information about the account to consumer credit bureaus. Late payments, missed payments, or other defaults on the account may be reflected in the credit report of each Guarantor.
To limit Quick’s sharing of your information, please contact us at email@example.com.
You acknowledge and agree that the communications between you and Quick are electronic. You consent to receive communications from Quick in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Quick will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any email sent by Quick to you or to any of our customers, investors or borrowers shall be to stop your use of the Website. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.
The disclosures in this section are required by the federal Electronic Signatures in Global and National Commerce Act ("ESIGN"). They are necessary for you, as applicant for, or recipient of, credit ("Applicant, "you" or "your”) from Quick, Inc. ("Quick" or "us"), to apply for credit with us and to maintain a credit account with us (an "Account").
Electronic Delivery of Communications: By checking the appropriate box on a Quick loan application, you consent to receive electronically from us certain disclosures, notices, communications, documents and other information (collectively, the "Communications"). The Communications that you consent to receive electronically from us include, but are not limited to, the following: All legal and regulatory disclosures related to your application for credit from us and any subsequent acceptance or rejection of that application by us; All disclosures and communications associated with your Account and disclosures or communications about any changes in the terms of your Account; Monthly or other periodic billing or account statements for your Account or such other communications that we may include from time to time; and Privacy policies and notices. In order to use the Quick website and to access, receive and retain the Communications you must provide at your own expense an Internet connected device with a valid email account that is compatible with the Quick website deployed at the time of access. Your device must meet the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to receive, access and retain the Communications electronically each time and access and use the Quick website. Paper Delivery of Communications: You have the right to receive a paper copy of the Communications. To receive a paper copy, please request it as follows: send an e-mail message with your name and mailing address to the e-mail address at the bottom of this document. Be sure to state that you are requesting a copy of the Communications.
Withdrawal of Electronic Acceptance of Communications: You can also contact us via email to withdraw your consent to receive any future Communications electronically. System Requirements to Access and Retain Communications: To access and retain an electronic copy of the Communications you must have the following equipment and software: A personal computer or other device which is capable of accessing the Internet. An email account with an Internet service provider and email software in order to receive certain electronic Communications sent by email. Windows 2000 or later version running either Internet Explorer version 6.0 or higher or Firefox version 3.0 or higher, or Macintosh OSX 10.2 or higher running Safari web browser. You must have software which permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader version 8.0 and above. Your email account must have the ability to receive PDF files and your device must have the ability to download and store PDF files. By checking the appropriate box on a Quick loan application, you acknowledge that you were able to access and save the sample PDF files at the bottom of this page.
Assignment: By checking the appropriate box on a Quick loan application, you acknowledge that your consent to electronic delivery of all Communications is assignable to any entity that owns, as assignee, all or a portion of any loan you obtain from Quick.
Changes in Your Contact Information: By checking the appropriate box on a Quick loan application, you agree to keep us informed of any changes in your email address so that you continue to receive all Communications. You can contact us via email to provide us with your updated email address. You also agree to keep us informed of any changes to your registered business address or telephone number.
You expressly consent to receive calls and messages, including auto-dialed and prerecorded message calls and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future in accordance with the TCPA. You acknowledge that your cellular, mobile or other telephone provider will charge you according to the type of plan you carry.
By using the Website you are agreeing to (a) the Terms of Service and (b) applicable laws, regulations and generally accepted online business practices. Accordingly, you understand that:
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Quick or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information, and that you have no intention of using such materials or information inappropriately or to in any way harm Quick or any of its affiliates, directors, officers or employees. For purposes of the ToS, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of Quick’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website. Subject to the terms and conditions of the ToS, we grant you a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to use the Website and the Content for personal use, for persons who seek to enter into or have entered into loans, seek to or have become lenders or any person interested in learning more about Quick, its products and services, until such time as the ToS terminate or expire or your right to use or access the Website is terminated in accordance with the ToS.
You acknowledge and agree that any violation of the provisions of the ToS regarding “Quick’s Intellectual Property, Copyrights and Identifying Marks” and “Acceptable Use of the Website; Conditions of Your Use” above may subject you to compensatory and punitive damages, and shall specifically also entitle Quick to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.
The Website is provided to you on an "as is" and "as available" basis. This means that we do not represent or warrant to you that:
Furthermore you understand and accept that:
Except as otherwise expressly noted, the Content and the Website do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities or any other financial instruments; the Content and the Website also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.
Quick makes no representation or warranty, express or implied, regarding the advisability of investing in securities, funds, partnership interests or other investments or funding or purchasing loans. The past performance of any investment, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance.
WITHOUT LIMITING ANYTHING IN THE TERMS OF SERVICE, QUICK MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO ANY FUND, ANY INVESTMENTS, SECURITIES, PARTNERSHIP INTERESTS, LOANS OR THE PERFORMANCE THEREOF.
The Content and the views expressed in the Consent do not necessarily reflect the views of Quick as a whole, its directors, officers, employees, shareholders or any part or member thereof or of any third party. No Content or information on the Website constitutes, or should be construed as, investment, tax, legal, financial or any other advice.
Certain statements in the Website and the Content may constitute “forward-looking” statements that involve known and unknown risks, uncertainties and other factors that may cause actual returns of funds, investments, securities or loans to be materially different from any future returns or values expressed or implied by such forward-looking statements. Forward-looking statements typically include words such as “may,” “will,” “expect,” “believe,” “plan,” “expect,” “anticipate,” “intend” and other similar terminology. These statements reflect current expectations regarding future events and speak only as of the date of being posted to the Website. Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or returns, and will not necessarily be accurate indications of whether or not such returns will be achieved. Given these uncertainties and risks, users of the Website, including any person who may or has invested in any offering made by or on behalf of Quick or its subsidiaries or affiliates, are cautioned not to place undue reliance on such forward-looking statements.
A variety of factors could cause the actual results and developments of any fund, investment, security or loan to differ significantly from the results and developments forecasted and implied. Although forward-looking statements contained in the Website, if any, are based upon what Quick and its advisors believe are reasonable assumptions, Quick cannot assure you that actual results, returns or events will be consistent with these forward-looking statements. Forward-looking statements are made as of the date of being posted to the Website, and Quick and its subsidiaries and affiliates assume no obligation, and expressly disclaim any obligation, to update or revise forward-looking statements contained in or incorporated by reference into the Website or the Content or any information supplemental thereto to reflect new information, future events or circumstances or otherwise.
To use the Website, you must complete the registration process. You agree that the registration information you provide is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to the ToS. You acknowledge and agree that Quick, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Quick disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other actual or suspected breach of security. You can do so by emailing firstname.lastname@example.org.
Data transmitted via the Website may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Website. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Website unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that Quick shall have no liability to you for any such exploitation or criminal conduct by third parties.
The Website may contain links or connections to third party websites. Any such link or connection is provided only as a convenience, and should be used at your own risk. Quick has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Quick or create any liability on the part of Quick in respect of such link or connection. Please be aware that your use of any such third party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.
You and we hereby acknowledge and agree that Quick and the Released Parties shall have no responsibility for any liabilities arising from or related to the contents of any third party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these ToS, the permissions granted to you under these ToS will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
Quick’s Right to Terminate Your Use: Quick may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Quick may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the ToS; (b) you have engaged in conduct which Quick, in its sole discretion, considers to be unacceptable; (c) Quick is required by law to do so; or (d) Quick no longer provides the Website. The above are only examples of circumstances in which Quick may terminate your right to use the Website and Quick may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for noncompliance set forth above.
Voluntary Termination by You: If you want to terminate your legal agreement with Quick under or consisting of these Terms of Service, you may do so by: (a) notifying Quick at email@example.com, or (b) closing your account by following the procedures on the Quick website. You acknowledge that any legal obligations you may have under any other agreement with Quick (including any loan agreement or agreement governing lending or investing in Quick or its affiliates) will not be affected in any way by the termination of the ToS and any such other agreement between you and Quick will continue to be in effect in accordance with its terms.
Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) Our Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification, (iv) Use and Access Outside the United States and (v) General will survive any termination or expiration of the ToS for any reason.
Without prejudice to Quick’s other rights under the ToS, if you breach the ToS in any way, Quick may take such action as Quick deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you. You acknowledge and agree that if you violate the ToS, Quick will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.
We make no claims that the Website or the Content are appropriate for or may be downloaded or accessed outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws of the country or jurisdiction where you may be located. You may not use or export any content of the Website in violation of U.S. export laws and regulations or any other U.S. or foreign federal, state or local statute, rule or regulation. The Content 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. Quick makes no representations that the Content is appropriate for use in all locations, or that the transactions, products, loans, financial instruments or services indicated or discussed on the Website are available or appropriate for sale or use in all jurisdictions, or countries or by all investors or counterparties.
You agree not to: (i) make any representations, warranties or guarantees on Quick’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to Quick or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the ToS. Quick may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the ToS without notifying you or obtaining your consent.
The ToS and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the ToS, the Website or the Content, the negotiation, interpretation, validity or performance of the ToS, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction. We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the ToS (including any noncontractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the ToS, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.
You and we each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts. You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.
WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
If there are any questions regarding our Terms of Service you may contact us using the email address below:
Effective Date: 10/24/2016
Last Modified: 10/24/2016
Policy Last Updated: 10/24/2016