Alert Message

Last Updated: 12/02/16

Welcome to earnest.com. Please carefully review the following rules that govern your use of our Site and also read our Privacy Policy regarding the information that you provide to us. These Terms and Conditions of Use (“Terms of Use”) apply to the World Wide Web site owned, operated, licensed, and controlled by Earnest Inc., including its related, affiliated, or subsidiary companies, including, but not limited to, Earnest Operations LLC (together, “Earnest”) located at www.earnest.com, and all associated Earnest sites linked to this Web site (collectively, the “Site”). This Site is the property of Earnest. By using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site.

Earnest reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Use and our Privacy Policy, at any time. It is your responsibility to check these Terms of Use and our Privacy Policy periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Earnest grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Privacy

Please review our Privacy Policy (which also governs your visit to our Site) to understand our practices. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Earnest’s efforts to protect such transmissions.

Account Information From Third-party Sites

You may direct Earnest to retrieve your information maintained online by third-party financial institutions and social media platforms such as LinkedIn® with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Earnest works with one or more online financial service providers under contract to access this Account Information. Earnest does not store any user account credentials for your information. The online financial service providers store your login credentials securely in a separate database using multi-layered hardware and software encryption.

Earnest uses the information you provide access to from third-party sites – including account balances, transaction history, and length of membership – in order to determine your eligibility for a loan and in responding to your questions. Earnest is not responsible for the accuracy of the information maintained by or on third-party sites, nor for products or services offered by or on such sites.

Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is provided to you, may be used by our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.

Your Credit Report

We may request consumer reports on you in connection with your application for credit and subsequently in connection with any extension of credit, update, renewal, review or collection of your account or any other lawful purpose. Upon your request, we will inform you of the name and address of any consumer reporting agency from which we obtained your consumer report.

You are allowed to receive one free credit report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any twelve-month period. You may also be able to receive free credit reports as permitted by state law (you may contact your state or local consumer protection agency or state attorney general to learn more about your rights under state law). For information on obtaining a free credit report from Experian, Equifax or TransUnion you may contact them directly at www.experian.com, www.equifax.com and www.transunion.com.

Use of Credit Profile for Identity Verification

By submitting an application, I am certifying that I understand the services being requested are regulated by the Fair Credit Reporting Act and that permissible purpose is required. Any special procedures established by Earnest Operations LLC (“Earnest”) for obtaining your authorization to receive information from your personal credit profile from Experian have been met. Furthermore, I certify that I have initiated a transaction with Earnest, and that the services being requested will be used solely to confirm my identity to avoid fraudulent transactions in my name.

Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other sign-in information, materials and other content to Earnest through the Site, you are licensing that content to Earnest solely for the purpose of evaluating your loan application and providing related services to you. Earnest may use and store the content to evaluate your loan application and to provide ongoing services to you. By submitting this content to Earnest, you represent that you are entitled to submit it to Earnest for use for this purpose, without any obligation by Earnest to pay any fees or other limitations.

By using the “Connect Accounts” feature of the loan application process, you expressly authorize Earnest to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Connect Accounts” feature of the Site, you will be directly connected to the website for the third party you have identified. Earnest will submit information including usernames and passwords that you provide to sign you into the third party site. You hereby authorize and permit Earnest to use information submitted by you to the Site (such as account passwords and user names) to accomplish the foregoing and to configure the Site so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide you with services in connection with your application for a loan, you grant Earnest a limited power of attorney, and appoint Earnest as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN EARNEST IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, EARNEST IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Site is not sponsored or endorsed by any third parties accessible through the Site.

Intellectual Property

This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Earnest or third parties and all right, title and interest therein shall remain the property of Earnest and/or such third parties (collectively, the “Content”). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with Earnest. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Earnest. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Earnest.

Electronic Communication

When you visit www.earnest.com or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law.

Site Security

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Earnest client or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Earnest network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

Links to Other Websites and Services

This Site may contain links to outside services and resources, the availability and content of which Earnest does not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these businesses or individuals or the content of their web sites. Earnest does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Collection of Information

If Earnest extends credit to you, it may consider the bank account you provided during the application process as eligible to process payments against if you permit Earnest to do so. As part of Earnest’s information collection process, we may detect additional bank or financial accounts under your ownership. Earnest may consider these additional accounts to be part of the application process and may use information from or about such accounts in deciding whether to approve your loan application.

Disclaimers

earnest does not promise that the site or any content, document or feature of the site will be error-free or uninterrupted, or that any defects will be corrected or that your use of the site will provide specific results. the material in this site could include technical inaccuracies or typographical errors. the site and its content are delivered on an “as-is” and “as-available” basis. all information provided on the site is subject to change without notice. earnest cannot ensure that any files, documents or other data you download from the site will be free of viruses or contamination or destructive features. earnest disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. earnest disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site. you assume total responsibility for your use of the site and any linked sites. your sole remedy against earnest for dissatisfaction with the site or any content is to stop using the site or any such content. this limitation of relief is a part of the bargain between the parties.

Limitation of Liability

except where prohibited by law, neither earnest, nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if earnest has been advised of the possibility of such damages. unless otherwise expressly set forth in a written agreement with you, earnest’s maximum liability for all claims arising out of or relating to this site, or its content, whether in contract, tort or otherwise shall be limited to the amount you paid to access this site.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

By using the Site, you agree to defend, indemnify, and hold harmless Earnest from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Earnest may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Use. Earnest reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Minors

This Site is not directed at children under the age of eighteen (18) and Earnest does not knowingly collect personal information from any child under the age of eighteen (18) at this Site.

Severability

Any failure by Earnest to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and Earnest with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Earnest with respect to such use are hereby superseded and cancelled.

Law and Venue

This Site is located in the State of California. These Terms of Use and the relationship between you and Earnest shall be governed by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Cookies

“Cookies” are small data files transferred by a website to your computer’s hard drive. Earnest or its service providers send cookies when you surf our Site or sites where Earnest ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on our Site, sites that are “powered by” another company on Earnest’s behalf, or sites where our ads appear may give us access to information about your browsing preferences, which we may use to personalize and enhance your experience. Cookies are typically classified as either “session” cookies or “persistent” cookies.

Session cookies do not stay on your computer after you close your browser.

Persistent cookies remain on your computer until you delete them or they expire.

Generally speaking, web browsers automatically accept cookies by default. That being said, you can typically prevent cookies or selectively accept cookies by adjusting the preferences in your browser. If cookies are not accepted, most features of our site will not be available to you.

Earnest does not store passwords or any other information about a visitor without an Earnest account in a cookie that would identify them, locate them, and determine their preferences or their financial activity. Aggregated client information may help Earnest assess the performance of its website and develop strategies to maximize utility.

How long does Earnest keep personal information?

Earnest will maintain the information that is necessary to enable Earnest to provide the requested service and only for as long as it takes Earnest to provide any such requested service.

Earnest may still need to keep personal details of clients to ensure that systems reflect your preferences even if a client has chosen to opt out of allowing Earnest to use that client’s personal details for marketing purposes.

Earnest may keep records of any transactions a client enters into on the Earnest Website for a minimum of six years from the end of Earnest’s relationship with the client.

Earnest may keep other information about a client only to the extent necessary to comply with applicable laws and to further legitimate business needs.

additional terms of use from earnest third party service providers

Restrictions. You shall not and shall not permit any third party to, directly or indirectly: (a) reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code to the applications developed or owned by Earnest (the “Developer Applications”) that are contained in the Site; (b) rent or time-share the Developer Application or host the Developer Application in a multi-tenant environment; (c) remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within the Developer Application or any copies thereof; (d) engage in any activity with the Developer Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party; and (e) use the Developer Application or data provided via the Developer Application in any way in furtherance of criminal, fraudulent, or other unlawful activity. You must comply with applicable laws and regulations in using, accessing or distributing the Developer Application, including any data provided via the Developer Application.

Data Use. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is provided to you, may be used by our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.

Third Party Services. You understand that the Developer Application may require access to certain third party services (“Third Party Services”). In order to use the Developer Application that uses or collects data from the Third Party Services, you hereby authorize the third party service provider to share your data with Earnest. Such data may include your financial or personal information. In addition, you agree that Earnest may provide your data to the third party service provider to use in connection with the Third Party Services. You represent and warrant that you have the rights and authority to provide such authorization to the third party service provider and Earnest. Your use and/or access to Third Party Services shall be limited to those uses and access rights permitted by the third party service provider. If you access and use the Third Party Services, you are responsible for reviewing and understanding any such terms and conditions governing such Third Party Services. You understand that Earnest has no control over the Third Party Services and that your ability to access and use the Third Party Services may be suspended or terminated at any time, for any reason, at the third party service provider’s discretion.

disclaimer. You acknowledge and agree that the developer application, any third party services and any data provided via the third party services or developer application are provided “as is” and “as available.” earnest, its licensors and third party service providers make no warranty, express, implied, or statutory and disclaim any and all warranties with respect to the developer application, any third party services or any data provided via the third party services or developer application, in whole or in part, including without limitation any implied warranty of fitness for a particular purpose, merchantability, or non-infringement. licensee understands and agrees that any use of the developer application, third party services or data provided via the third party services or developer application will be at licensee’s sole risk, and that, if there is any liability in connection with the developer application, including liability arising from a security breach or earnest’s lack of compliance with applicablelaws or regulations or data privacy protection, such liability is solely with earnest and not its licensors or third party service providers.

Access Information and Account Data. You are solely responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you, or anyone you authorize on your behalf, to access the Site features and your provider accounts (collectively, “Licensee Access Information”), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Site features (collectively, “Account Data”). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Site features (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Site features to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.

Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Site, may be used by our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.

Provider Services. In connection with your use of the Site features and as part of the functionality of the Site, you may have access to certain online services or information that may be made available by your provider(s) (“Provider Services”), including online banking, online payment, online investment account download, online bill pay, online trading, and other account information available from your provider(s). The Site is designed to allow you to access Provider Services (if and to the extent provided by your provider(s)) to set up banking and other information, schedule the Site to access your account(s), download transactions into the Site and otherwise aggregate information from your account(s) with your provider(s). You acknowledge and agree that we have no control over the provision of Provider Services or provision of access to the Provider Services by your provider(s), do not guarantee that you will be able to use the Site features with the Provider Services, and will have no liability whatsoever for any actions or inactions on the part of the provider(s) resulting in your inability to use the Site to access your accounts, obtain data, download transactions, or otherwise use or access the Provider Services.

Collection of Provider Account Information. You acknowledge that in accessing your data and information through the Site features, your provider account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your account(s) with such provider(s) such as bank and other account balances, credit card charges, debits and deposits (collectively, “Provider Account Data”), may be collected and stored in the Site. You authorize us and our third party vendors, in conjunction with the operation and hosting of the Site features, to use certain Provider Account Data to (i) collect your Provider Account Data, (ii) reformat and manipulate such Provider Account Data, (iii) create and provide hypertext links to your provider(s), (iv) access the providers’ websites using your Provider Account Data, (v) update and maintain your account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide to you in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii) above. You hereby represent that you are the legal owner of your Provider Account Data and that you have the authority to appoint, and hereby expressly do appoint, us or our third party vendors as your agent with limited power of attorney to access and retrieve your Provider Account Data on your behalf. You further acknowledge that we do not, nor does our third party vendor review your Provider Account Data and agree that we are not responsible for its completeness or accuracy. Any transactions or informational activities performed at any provider’s website are not made through the Site and we assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with your provider(s).

Information from Providers’ Websites. You acknowledge and agree that (i) some providers may not allow the Site to access the Provider Services, (ii) providers may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (iii) the Site may “refresh” the Provider Account Data by collecting the Provider Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Site features. If you see a discrepancy in the Provider Account Data, and in any case before making any transactions or decisions based on such account information presented in the Site features, you should check the last refresh date for the account and confirm Provider Account Data is correct by following the link back to the applicable provider or otherwise confirm that Provider Account Data is up to date and accurate.

Software Use, Storage and Access. We shall have the right, in our sole discretion and with reasonable notice, to establish or change limits concerning use of the Site features, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Site at any time, and (ii) the number of times (and the maximum duration for which) you may access the Site in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Site features to which such changes relate. Your continued use of the Site will constitute your acceptance of and agreement with such changes. Maintenance upon the Site may be performed from time-to-time resulting in interrupted service, delays or errors in the Site features. Attempts to provide prior notice of scheduled maintenance will be made, but provider cannot guarantee that such notice will be provided.

Export Restrictions. You acknowledge that the Site features and any software underlying such Site are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Site features, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.

disclaimer. You acknowledge and agree that the site, any third party services and any data provided via the site or third party services are provided “as is” and “as available.” the third party vendor and its licensors make no warranty, express, implied, or statutory, and disclaim any and all warranties with respect to the site, any third party services or any data provided via the site or third party service, in whole or in part, including without limitation any implied warranty of fitness for a particular purpose, merchantability, title, or non-infringement. you understand and expressly agree that any use of the site, third party services or data provided via the site or third party service will be at your sole risk. earnest and its (i) licensors and (ii) third party vendors do not warrant the comprehensiveness, completeness, correctness, legality, or accuracy of the site, third party services or data provided via the site or third party service, in whole or in part, or that the site or third party service will be secure, uninterrupted or error free. you are solely responsible for any damage to your computer system, application or other device or loss of data that results from your use of the site, third party services or data provided via the site or third party service.