Terms and Conditions

EFFECTIVE DATE: SEPTEMBER 30, 2019

The following are terms of a legal agreement (the “Agreement”) between you (“you” or “User”) and Troy Capital Group Intermediate SPV, LLC d/b/a Quid (“Quid”) that sets forth the terms and conditions for your use of this web site at www.getquid.com, including any subdomain thereof (the “Site”). The Site is owned and operated by Quid. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.

Quid reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Quid may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

In addition to the Site, Quid provides “Qualified Customers” (as defined herein) with products and services, which are made available in a variety of ways, including via the Site, subject to the terms and conditions of those certain customer agreements between each qualified customer and Quid (collectively, the “Customer Agreements”). These Terms of Use do not govern your use of Quid’s products and services as a Qualified Customer, but govern your use of the Site as a visitor and/or an applicant. If there is any conflict between the terms of these Terms of Use and any Customer Agreement, if applicable, the Customer Agreement shall govern.

ELIGIBILITY

This Site is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Site by any natural person under 18 is unauthorized, unlicensed and in violation of this Agreement. By using the Site, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all of the terms and conditions of this Agreement.

PRIVACY

Your privacy is very important to us. Please review our Privacy Policy which also governs your use of the Site. Our Privacy Policy describes how we collect and use your information, including nonpublic personal information. Our Privacy Policy is hereby incorporated into these Terms.

ACCOUNT REGISTRATION

To use certain parts of the Site, you will be required to create an account which includes a sign-in name (“Sign-In Name”), a password (“Password”), and potentially certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Site using one or more of them. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time for any reason. Quid will not be liable for any loss or damage caused by any unauthorized use of your account. When creating an account on the Site, you agree to provide current, complete and accurate information about you. If any information about the business or any Principal that you provide is untrue, inaccurate, not current, or incomplete, we may deny your application and terminate your account.

APPLICATION

IN CONNECTION WITH YOUR INTEREST IN QUID’S PRODUCTS AND SERVICES, QUID MAY REQUEST YOUR AUTHORIZATION TO ACCESS YOUR PERSONAL AND BUSINESS CREDIT REPORTS. BY SUBMITTING AN APPLICATION, YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO QUID UNDER THE FAIR CREDIT REPORTING ACT, WHICH AUTHORIZES QUID TO OBTAIN INFORMATION FROM YOUR PERSONAL CREDIT PROFILE OR OTHER INFORMATION FROM ONE OR MORE CONSUMER REPORTING AGENCIES. THE INFORMATION OBTAINED FROM YOUR CREDIT REPORT, AS WELL AS OTHER INFORMATION THAT WE OBTAIN ABOUT YOU IN ACCORDANCE WITH THIS AGREEMENT, WILL BE USED FOR A LEGITIMATE BUSINESS NEED, IN CONNECTION WITH A TRANSACTION INITIATED IN WRITING BY YOU (I.E., YOUR APPLICATION).

QUALIFIED CUSTOMERS

Quid reserves the right to reject any application, for any reason or no reason, at our discretion. If Quid determines that your application qualifies you for our products and services, you will be notified by us, and, upon your execution of applicable Customer Agreements, you shall be deemed a “Qualified Customer.” Your qualification for Quid’s products and services, and execution of certain Customer Agreements, does not guarantee that Quid will execute other Customer Agreements with you, which shall be done (or not done) at Quid’s sole and exclusive discretion.

Once you become a Qualified Customer, your rights, duties and obligations with respect to the products and services you receive from Quid shall be governed by those Customer Agreements mutually agreed and executed between you and Quid.

LIMITATIONS ON USE OF CONTENT

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by Quid or by the original creator of the material and is protected by copyright laws. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, photocopying, recording, or otherwise, without the express prior written consent of Quid. You acknowledge that the Content is and shall remain the property of Quid. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Quid’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Your eligibility for particular products or services is subject to final determination by Quid.

Quid (including the Quid logo), GetQuid.com, and all related logos (collectively the “Quid Trademarks”) are trademarks or service marks of Quid. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Quid or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Quid Trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by Quid.

LINKS TO THIRD-PARTY SITES

This site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). Quid cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Quid of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Quid and the third-party site may provide less security than this Site. Quid is not responsible for the content of any third-party web sites, nor does Quid make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Quid shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements (including any applicable tax forms) arising from or relating to your use of the Site, including any loans you may request or receive, your registration as a borrower on our Site, and the servicing of your loan, if funded (each, a “Disclosure”).

Customer communications

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including text messages. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

You consent to receive text messages, calls and messages from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not that of a third party. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

To unsubscribe from text messages at any time, reply STOP to any text message you receive from us or contact us at [email protected].

Telemarketing calls

If you have provided consent for telemarketing calls, you agree that we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or text messages you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation. Your consent to telemarketing calls is not a condition of obtaining your loan. You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Opt-Out: You can revoke your consent by contacting us via email at [email protected]. You may also reach us in writing to us at the following address: Quid, 100 Wilshire Blvd., Suite 1830, Santa Monica, California 90401.

Call recording and monitoring

You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

Electronic Communications

Any Disclosures will be provided to you electronically through getquid.com either on our Site or via electronic mail to the email address you provided. If you require paper copies of such Disclosures, you may sign in to your account on our Site and print the documents desired or you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $10.00 per document requested.

Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

Before you decide to do business electronically with us, you should consider whether you have the following hardware and software capabilities:

Hardware and Software Requirements: In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; Browsers: Latest stable release (except where noted) of Internet Explorer® (11.0 or above); Windows Edge; Mozilla® Firefox®, Safari™; Google Chrome®. Pre-release (e.g., beta) versions of operating systems and browsers are not supported; Mobile Web Signing: Apple iOS® 7.0 or above. Android™ 4.0 or above; Mobile Applications: Apple iOS® 8.0 and above; Android™ 4.0 and above; Windows 8.1 and above; Windows 10; Windows Phone 8.1; PDF Reader: PDF reader software may be required to view and print PDF files; Screen Resolution: 1024 x 768 minimum; and Enabled Security Settings: Allow per session cookies.

You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to submit a loan request on our Site. If you have a pending loan request on our Site we will terminate it and remove it from our system. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified home address provided during registration.

You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.

You agree to keep us informed of any changes in the telephone number, email and mailing address you provide to us so that you continue to receive all communications without interruption. You can contact us regarding Electronic Disclosures at [email protected] or by writing to us at Quid, 100 Wilshire Blvd., Suite 1830, Santa Monica, California 90401, Attn: Legal.

DISCLAIMER OF WARRANTIES

None of Quid, its parent, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Quid Parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Quid Parties disclaim liability for errors or omissions in the Content.

This Site and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Quid does not provide any tax, legal or accounting advice. Any Content or other material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any transaction.

Additionally, there are no warranties as to the results of your use of the Content. The Quid Parties do not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

The Quid Parties may discontinue or make changes in the Content and Site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the Quid Parties do not undertake any obligation or responsibility to update or amend any such information. The Quid Parties reserve the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site could contain technical inaccuracies or typographical errors. Use of this Site is at your own risk.

LIMITATION OF LIABILITY

Under no circumstances will the Quid Parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any third-party site to which this Site is linked, 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 Quid Parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The Quid Parties are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the Quid Parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless Quid Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Quid Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Quid Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Quid. You further agree to indemnify and hold harmless Quid Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

MONITORING OF THE SITE

Quid has no obligation to monitor the Site; however, you acknowledge and agree that Quid has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, present marketing or other promotional offers to you either on the Site or on a third party site, or to protect itself or other users of the Site.

SUBMISSIONS TO THE SITE

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Quid through this Site or in any other manner (collectively, “Submissions”) will be deemed and remain the property of Quid, and Quid is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Quid shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Quid or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Quid's responsibilities and obligations under its Privacy Policy.

AVAILABILITY

This Site 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 applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Quid to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.

TERMINATION

This Agreement is effective until terminated by Quid. Quid may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Quid's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Governing Law and Venue, Severability and General Provisions, and any other provision that by its nature survives termination of your use or access to the Site.

WAIVER

Failure by Quid to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

GOVERNING LAW AND VENUE

By visiting or using the Site, you agree that the laws of the State of California, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Use. Notwithstanding the foregoing or anything to the contrary set forth in these Terms of Use, if you obtain a loan, the terms of the loan agreement shall govern in the event of a conflict with these Terms of Use and, in all events, any claims arising out of or relating to these Terms of Use shall be resolved in accordance with the arbitration agreement contained in the loan agreement.

ADDITIONAL TERMS

Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and Quid may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Quid's designated agent. Notification should include:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material you claim is infringing is located on the Site;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

You may contact Quid’s agent for notification of claimed copyright infringement by e-mail at [email protected] or by regular mail at Quid, 100 Wilshire Blvd., Suite 1830, Santa Monica, California 90401, Attention: Legal.

CONTACTING US

If you have questions regarding the Agreement or the practices of Quid, please contact us by e-mail at [email protected] or by regular mail at Quid, 100 Wilshire Blvd, Suite 1830, Los Angeles, California 90401, Attention: Legal.