{"id":9063,"date":"2024-03-22T09:49:58","date_gmt":"2024-03-22T13:49:58","guid":{"rendered":"https:\/\/solofunds.com\/?page_id=9063"},"modified":"2025-01-22T12:55:04","modified_gmt":"2025-01-22T17:55:04","slug":"terms-archived","status":"publish","type":"page","link":"https:\/\/solofunds.com\/terms-archived\/","title":{"rendered":"Terms of Service (Archived)"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Revised: January 22, 2024<\/span><\/p>\n<p><span style=\"font-weight: 400;\">SoLo\u00a0<\/span><span style=\"font-weight: 400;\">has contracted with certain service providers in order to provide services to you.\u00a0<\/span><span style=\"font-weight: 400;\">Certain services are offered through Synapse Financial Technologies, Inc. and its affiliate Synapse Brokerage LLC (collectively, \u201cSynapse\u201d) and\u00a0<\/span><span style=\"font-weight: 400;\">certain third-party financial service providers (each of the foregoing being a \u201cPartner Financial Institution\u201d)<\/span><span style=\"font-weight: 400;\">. Synapse is not a bank and is not affiliated with\u00a0SoLo.\u00a0Brokerage accounts and cash management programs are provided through Synapse Brokerage LLC (\u201cSynapse Brokerage\u201d), an SEC-registered broker-dealer and member of\u00a0<\/span><a href=\"https:\/\/www.finra.org\/#\/\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">FINRA<\/span><\/a><span style=\"font-weight: 400;\">\u00a0and\u00a0<\/span><a href=\"https:\/\/www.sipc.org\/\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">SIPC<\/span><\/a><span style=\"font-weight: 400;\">. Additional information about Synapse Brokerage can be found on\u00a0<\/span><a href=\"https:\/\/brokercheck.finra.org\/firm\/summary\/137662\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">FINRA&#8217;s BrokerCheck<\/span><\/a><span style=\"font-weight: 400;\">. <\/span><span style=\"font-weight: 400;\">Deposit Accounts are provided by Evolve Bank &amp; Trust, Member FDIC. <\/span><span style=\"font-weight: 400;\">Funds are FDIC insured, subject to applicable limitations and restrictions when we receive the funds deposited to your account. <\/span><span style=\"font-weight: 400;\">By opening a deposit account, you agree to the <\/span><a href=\"https:\/\/synapsefi.com\/evolve-privacy\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Evolve Bank &amp; Trust U.S. Consumer Privacy Notice. <\/span><\/a><span style=\"font-weight: 400;\">To the extent allowed by law, you further agree to receive updated privacy notices through Evolve and Synapse (www.synapsefi.com\/legal) website.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">By participating in a Synapse cash management program, you acknowledge receipt of and accept the\u00a0<\/span><a href=\"https:\/\/synapsefi.com\/synapse-enabled-services-tos\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Synapse Terms of Service<\/span><\/a><span style=\"font-weight: 400;\"> and <\/span><a href=\"https:\/\/synapsefi.com\/privacy\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Privacy Policy<\/span><\/a><span style=\"font-weight: 400;\">, and the applicable disclosures and agreements available in\u00a0<\/span><a href=\"https:\/\/synapsefi.com\/legal\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Synapse\u2019s Disclosure Library<\/span><\/a><span style=\"font-weight: 400;\">.\u00a0The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the\u00a0<\/span><a href=\"https:\/\/synapsefi.com\/list-of-program-banks\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">List of Program Banks<\/span><\/a><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Cash management programs and bank services are enabled through our technology software provider, Synapse Financial Technologies, Inc. and their affiliates and Partner Financial Institutions. To report a complaint relating to bank services contact Synapse at help@synapsefi.com and to report a complaint relating to a cash management program contact Synapse Brokerage LLC at brokerage@synapsefi.com.&#8221;<\/span><span style=\"font-weight: 400;\"><br \/>\n<\/span><\/p>\n<p><span style=\"font-weight: 400;\">By creating an account with\u00a0<\/span><span style=\"font-weight: 400;\">SoLo<\/span><span style=\"font-weight: 400;\"> and initiating financial transactions, you agree to the <\/span><a href=\"https:\/\/synapsefi.com\/synapse-enabled-services-tos\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Synapse Terms of Service<\/span><\/a><span style=\"font-weight: 400;\">\u00a0and<\/span><a href=\"https:\/\/synapsefi.com\/privacy\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">\u00a0<\/span><span style=\"font-weight: 400;\">Privacy Policy<\/span><\/a><span style=\"font-weight: 400;\">. You also agree to the terms of service and privacy policy of Synapse\u2019s Partner Financial Institution corresponding to the financial service and product(s) you select (collectively, \u201cSynapse Terms\u201d), each of which can be found<\/span><a href=\"https:\/\/synapsefi.com\/legal\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">\u00a0<\/span><span style=\"font-weight: 400;\">here<\/span><\/a><span style=\"font-weight: 400;\">\u00a0and which are incorporated herein by reference. By creating <\/span><span style=\"font-weight: 400;\">an account with us, you acknowledge that Synapse may share your information as necessary with their affiliates, Partner Financial Institutions and other service providers in connection with providing their respective services. It is your responsibility to make<\/span><span style=\"font-weight: 400;\"> sure that the information you provide to\u00a0<\/span><span style=\"font-weight: 400;\">SoLo<\/span><span style=\"font-weight: 400;\"> is accurate and complete. Additionally, you are responsible for complying with Synapse Terms when using your account. It is your responsibility to read and understand Synapse Terms as it contains terms and conditions relating to your account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitration provisions. All financial transactions are performed by Synapse\u2019s Partner Financial Institutions, a list of which can be found at\u00a0<\/span><a href=\"http:\/\/synapsefi.com\/legal\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">synapsefi.com\/legal<\/span><\/a><span style=\"font-weight: 400;\">.\u00a0<\/span><span style=\"font-weight: 400;\">SoLo<\/span><span style=\"font-weight: 400;\"> will provide you with all access to all transaction notifications and account balances in addition to providing customer support relating to your account. You should refer to your account agreement for more important information.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">These Terms of Service, together with <\/span><a href=\"https:\/\/solofunds.com\/privacy\/\"><span style=\"font-weight: 400;\">SoLo\u2019s Privacy Policy<\/span><\/a><span style=\"font-weight: 400;\">, <\/span><a href=\"https:\/\/solofunds.com\/e-sign-disclosure\/\"><span style=\"font-weight: 400;\">SoLo\u2019s E-Sign Disclosure<\/span><\/a><span style=\"font-weight: 400;\">, <\/span><a href=\"https:\/\/synapsefi.com\/synapse-tos-cash-management-program\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Synapse Terms of Service<\/span><\/a><span style=\"font-weight: 400;\">, <\/span><a href=\"https:\/\/synapsefi.com\/evolve-privacy\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Synapse Privacy Policy<\/span><\/a><span style=\"font-weight: 400;\">, <\/span><a href=\"https:\/\/synapsefi.com\/legal\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Synapse\u2019s Disclosure Library<\/span><\/a><span style=\"font-weight: 400;\">, and <\/span><a href=\"https:\/\/solofunds.com\/deposit-agreement\/\"><span style=\"font-weight: 400;\">Evolve\u2019s Deposit Agreement<\/span><\/a><span style=\"font-weight: 400;\">, make up the Terms and Conditions for the use of SoLo\u2019s platform. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">THIS MOBILE APPLICATION IS POWERED BY SOLO FUNDS, INC. (\u201c<\/span><b>SoLo<\/b><span style=\"font-weight: 400;\">\u201c).\u00a0 By using this mobile application (the \u201c<\/span><b>Platform<\/b><span style=\"font-weight: 400;\">\u201c), establishing an account, or applying for a loan through the Platform (collectively, the \u201c<\/span><b>Services<\/b><span style=\"font-weight: 400;\">\u201c), you consent to these <\/span><span style=\"font-weight: 400;\">Terms of Service<\/span><span style=\"font-weight: 400;\">, the SoLo Privacy Policy, and the E-SIGN Disclosure (collectively, the \u201c<\/span><b>Agreement<\/b><span style=\"font-weight: 400;\">\u201c) between you, the user (\u201c<\/span><b>you<\/b><span style=\"font-weight: 400;\">\u201d or \u201c<\/span><b>your<\/b><span style=\"font-weight: 400;\">\u201c), and us.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">These<\/span><span style=\"font-weight: 400;\"> Terms of Service<\/span><span style=\"font-weight: 400;\"> govern use of the Services. Please note that your application for any loan through the Platform is subject to a separate agreement with the third-party loan provider that will be provided to you upon application. THIS AGREEMENT DOES NOT COVER THE LOAN APPLIED FOR OR OBTAINED THROUGH THE PLATFORM, unless otherwise stated herein. Credit building and insurance services are provided by separate 3rd party service providers not affiliated with Synapse or Solo Funds.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">You are responsible for your use of the Services and for any consequences thereof. You are only authorized to access the Platform or use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you use the Services in violation of any law or if you attempt to defraud SoLo or its users in any way, please be aware that SoLo will prosecute you to the full extent of the law. We reserve the right at all times (but will not have an obligation) to suspend and or terminate users without liability to you.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">You will be notified in the event that your consent to additional terms and conditions is necessary to participate in certain other services provided through the Platform. SoLo may modify this Agreement from time to time and such modification shall be effective upon posting on the Platform. You agree to be bound to any changes to this Agreement when you use the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.<\/span><\/p>\n<p><b>THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT AUTHORIZES EITHER PARTY TO ELECT MANDATORY AND BINDING ARBITRATION OF CERTAIN DISPUTES WHERE PERMITTED BY LAW. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN THE SECTION ENTITLED \u201cRESOLUTION OF DISPUTES BY ARBITRATION.\u201d PLEASE READ THIS ARBITRATION PROVISION CAREFULLY.<\/b><\/p>\n<p><i><span style=\"font-weight: 400;\">The Platform.<\/span><\/i><span style=\"font-weight: 400;\"> The Platform operates using the Pacific Time Zone and you agree through your use of the Platform to be subject to that time zone for the timing of transactions. The Platform provides a means by which you may: (1) as a \u201c<\/span><b>Borrower<\/b><span style=\"font-weight: 400;\">,\u201d submit an application (\u201c<\/span><b>Application<\/b><span style=\"font-weight: 400;\">\u201c), and subject to the discretion of other users, obtain a personal loan (\u201c<\/span><b>Loan<\/b><span style=\"font-weight: 400;\">\u201c); and\/or (2) as a \u201c<\/span><b>Lender<\/b><span style=\"font-weight: 400;\">,\u201d evaluate Applications and subsequently fund Loans. SoLo is not engaged in the brokering or origination of loans made through the Platform, but merely provides a marketplace for Borrowers and Lenders.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">SoLo is Not a Party to Loan Agreements.<\/span><\/i><span style=\"font-weight: 400;\"> While SoLo may determine your eligibility to access the Platform or to use the Services and may provide functionality utilized by Lenders in evaluating Applications, SoLo is not involved in the decision to fund a Loan and SoLo is not a party to any Loan that was initiated on or through the Services. Any rights arising in connection with the Loan shall be asserted by you solely against the third-party provider and you expressly agree not to involve SoLo in any legal dispute you have with a third-party provider regarding the Loan. <\/span><b>SOLO IS MAKING NO REPRESENTATIONS AND DOES NOT ENDORSE the accuracy of any information provided on or through the Services. You agree that any and all Loan Agreements you enter into using the Services are at your own risk.<\/b><span style=\"font-weight: 400;\"> We are not responsible for the actions of our users or your interactions with other users and we advise you to use the Services safely and responsibly. You understand that by using the Services, you may be exposed to content that might be inaccurate, mislabeled or are otherwise deceptive. Under no circumstances will SoLo be liable in any way for any content posted, emailed, transmitted, or otherwise made available via the Services or any wrongful or fraudulent action of its users or any other third parties.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Third Party Content.<\/span><\/i><span style=\"font-weight: 400;\"> The Platform may contain third party content related to third parties (including links to third party websites), which is not owned or controlled by SoLo.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Access.<\/span><\/i><span style=\"font-weight: 400;\"> Use of the Platform and Services are void where prohibited. By creating a profile (\u201c<\/span><b>Profile<\/b><span style=\"font-weight: 400;\">\u201c), you represent and warrant that (a) all information you submit in connection with your Application is complete and accurate; (b) you will maintain the accuracy of such information; (c) the information submitted is your own; and (c) your use of the Services does not violate any applicable law or regulation. SoLo may, in its sole discretion, delay or restrict, either permanently or temporarily, your access to the Services, and may impose conditions or restrictions on your use of the Services.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Use of Automated Systems. <\/span><\/i><span style=\"font-weight: 400;\">SoLo is a community platform that provides opportunities for Lenders to assist Borrowers in need of emergency funding. The protection and integrity of the community is paramount to fulfilling SoLo\u2019s mission. As a result, you agree not to use or launch any automated system to access the Service. Consequently, any User determined by SoLo to be employing the use of automated systems will cause SoLo to take remedial actions without notice including, but not limited to, the rendering of the prohibited tool in becoming non-operational,\u00a0 account restrictions and\/or termination.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Login Protection.<\/span><\/i><span style=\"font-weight: 400;\"> You will not disclose your login credentials (user name or password) to any person. You understand and agree that we may rely on the use of your login credentials to access your Profile through the Platform and are therefore authorized to act upon instructions and information received from any person that enters your login credentials. You are solely responsible for the activity that occurs on your profile, and you must keep your login credentials secure. You must notify SoLo immediately of any breach of security or unauthorized use of your Profile.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Social Media Authorization.<\/span><\/i><span style=\"font-weight: 400;\"> You authorize SoLo to utilize information contained in your social media accounts (e.g., Facebook, Instagram, Twitter, LinkedIn) for purposes of augmenting data that you provide to SoLo through the Platform.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Terms Specific to Borrowers<\/span><\/i><\/p>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Eligibility.<\/span><\/i><span style=\"font-weight: 400;\"> By opening an account, you further represent and warrant that (1) you are at least 18 years of age; (2) you are a U.S. citizen or possess a 10-year (non-conditional) Permanent Resident Card; (3) you have the full right and authority to submit the application under applicable law; and (4) all information you provided in your profile is complete and accurate.<\/span><\/li>\n<li><i><span style=\"font-weight: 400;\">Account with Synapse Affiliate or Partner Financial Institutions.<\/span><\/i><span style=\"font-weight: 400;\"> To obtain proceeds from Lenders in connection with Loans approved through the Platform, you will be required to open an account (an \u201c<\/span><b>Account<\/b><span style=\"font-weight: 400;\">\u201c) with a Synapse Affiliate or Partner Financial Institutions. The Account will be governed by separate terms and conditions to which SoLo is not a party. In the event that a borrower becomes delinquent in repayment of a Loan, SoLo may direct the withholding of certain available funds in the Account where applicable under law or regulation to effectuate the terms and conditions of the Loans. Your loan is deemed funded at such time as your requested funds are made available to you in your SoLo Wallet, and the terms of the promissory note will be your obligation to fulfill at that point.<\/span><\/li>\n<li><i><span style=\"font-weight: 400;\">Credit Report Authorization.<\/span><\/i><span style=\"font-weight: 400;\"> By submitting an Application, you authorize SoLo to conduct a credit inquiry (known as a \u201csoft credit pull\u201d or \u201csoft credit inquiry\u201d), the results of which will be used to assist Lenders in making a credit decision. Upon your request, we will provide you with the name and address of any consumer reporting agency from which we obtained your credit report. You expressly represent that you will only submit an Application on your own behalf and that you will not submit an Application authorizing a credit inquiry for any third party.<\/span><\/li>\n<li><i><span style=\"font-weight: 400;\">SoLo Score.<\/span><\/i><span style=\"font-weight: 400;\"> You authorize us to utilize data contained in your Application, including supporting documentation provided, information related to your social media accounts, and a credit report, to develop a proprietary score (the \u201c<\/span><b>SoLo Score<\/b><span style=\"font-weight: 400;\">\u201c). The SoLo Score will be provided to prospective Lenders to assist in the making of a credit decision without receiving a copy of any such credit report or your Application.<\/span><\/li>\n<li><i><span style=\"font-weight: 400;\">Communication. <\/span><\/i>By providing your telephone number(s) (whether for a cellular phone, other wireless device, fixed-line or landline telephone) and\/or e-mail address(es), you (a) expressly authorize SoLo, and\/or any third-party debt collector to contact you at the phone number using autodialed, or any other type of calls or voice or text messages, and consent pursuant to the federal Electronic Signatures in Global and National Commerce Act (\u201c<b>E-Sign Act<\/b>\u201c), 15 U.S.C. Section 7001, (b) represent that the phone number that you have provided belongs to you and not to any other person; <span style=\"font-weight: 400;\">(c)\u00a0 expressly authorize Lender, SoLo, and\/or any third-party debt collector to contact you at the e-mail address(es) without limitation as to the time of day or night the e-mail is sent or received, and consent pursuant to the E-Sign Act; and<\/span> (d) represent that the e-mail address(es) that you have provided belongs to you and not to any other person.<\/li>\n<li><i><span style=\"font-weight: 400;\">Notices.<\/span><\/i><span style=\"font-weight: 400;\"> Unless otherwise required by applicable law to be delivered through a specific medium, any notice that must be given to you may, at Lender\u2019s option, be provided electronically, by telephone, in writing by U.S. Mail or any other manner selected by Lender, in each instance using the contact information Lender or its representative has on \ufb01le for you.<\/span><\/li>\n<\/ul>\n<p><i><span style=\"font-weight: 400;\">Terms Specific to Lenders<\/span><\/i><\/p>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Account with Synapse Affiliate or Partner Financial Institution.<\/span><\/i><span style=\"font-weight: 400;\"> To fund Loans approved through the Platform and to receive payment from Borrowers, you will be required to open an Account, which shall be governed by separate terms and conditions to which SoLo is not a party.<\/span><\/li>\n<li><i>Recovery.<\/i> For a period of 90 days post loan repayment date, SoLo enables proactive repayments by borrowers. For the period between the 36th day after loan funding date and the 90th day after loan repayment date, the lender agrees to pay SoLo a recovery repayment fee equal to 30% of the loan principal. On the 91st day, Lenders will enter into a third-party debt collector relationship managed by SoLo. A commission fee of 30% of the total amount recovered is retained by the third-party collections partner. <span style=\"font-weight: 400;\">To the extent a loan is repaid between the scheduled repayment date and the 35th day after loan funding date, SoLo shall implement a SoLo Fee, which covers administrative and margin costs associated with monitoring late-paying borrowers and certain communication efforts.<\/span><\/li>\n<li><em>Lender Statements<\/em>. After the end of each calendar year, SoLo will endeavor to prepare and transmit annual statements to each Lender listing loan information in which the Lender was engaged over the preceding year. These statements should be reviewed with your tax professional for the purposes of assessing whether your loan activity creates any tax liability. For the avoidance of doubt, these statements are for information purposes only and in no way constitutes legal or tax advice from SoLo. In addition, each Lender should review their statements for accuracy as technical bugs could result in inaccurate information.<\/li>\n<\/ul>\n<p><i><span style=\"font-weight: 400;\">Intellectual Property Rights.<\/span><\/i><span style=\"font-weight: 400;\"> The content on the Platform (the \u201c<\/span><b>Content<\/b><span style=\"font-weight: 400;\">\u201c) and the Services are subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, SoLo uses only Content that it owns or is otherwise allowed and permitted for use by the owner(s) of the copyrights and other intellectual property rights therein. Content on the Platform is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SoLo reserves all rights not expressly granted in and to the Platform, Services, and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable, or otherwise interfere with security related features of the Platform or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Platform or any of the Services or Content therein.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Disclaimers, Limitations Of Liability and Indemnity<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Please read this section carefully since it limits the liability of SoLo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the \u201cSoLo Entities\u201d). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.<\/span><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">The Services are Available \u201cAS-IS\u201d<\/span><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an \u201cAS IS\u201d and \u201cAS AVAILABLE\u201d basis. Without limiting the foregoing, THE SOLO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The SoLo Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of SoLo users; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the SoLo Entities or through the Services, will create any warranty not expressly made herein.<\/span><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Limitation of Liability<\/span><\/li>\n<\/ol>\n<p><b><i>LIMITATION OF LIABILITY.<\/i><\/b><b> UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST SOLO OR ITS AFFILIATES IS A REFUND OF ANY DONATION AMOUNT. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO SOLO\u2019S (OR ITS AFFILIATES\u2019) NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON-PERFORMANCE. NEITHER SOLO NOR ITS AFFILIATES ACCEPT ANY RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF A LENDER OR ANY OTHER USER OF THE PLATFORM.<\/b><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Indemnification<\/span><\/li>\n<\/ol>\n<p><b>Except as otherwise set forth in this Agreement, you agree to release, indemnify, defend, and hold the SoLo Entities harmless from and against any claims, liabilities, actions, proceedings, damages, losses, and expenses, (including without limitation attorneys\u2019 fees and costs), or losses of any kind arising out of: (a) any breach of the Agreement by you; (b) your actions and omissions in connection with the Services; (c) any inaccuracies on your Loan Application; (d) your authorization of a credit inquiry; and (e) our actions or omissions, provided that they are taken\/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.<\/b><\/p>\n<p><span style=\"font-weight: 400;\">General Terms<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Events Beyond Control.<\/span><\/i><span style=\"font-weight: 400;\">\u00a0 Under no circumstances shall SoLo be held liable for any delay or failure in the Platform and\/or the Services and\/or information on the Platform directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of SoLo, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify,\u00a0 the Limitation of Liability section as stipulated above.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Governing Law.<\/span><\/i><span style=\"font-weight: 400;\"> This Agreement is governed by California law without regard to its conflicts of law rules, supersedes all prior agreements or understandings between you and us, and cannot be modified orally. You and we agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California for any actions for which the parties seek to retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party\u2019s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Section entitled \u201cResolution of Disputes by Arbitration\u201d below.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">DISPUTE RESOLUTION.<\/span><\/i><span style=\"font-weight: 400;\"> IF YOU RESIDE IN THE UNITED STATES, UNLESS OTHERWISE SPECIFIED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ALLEGED BREACH, TERMINATION, ENFORCEMENT, OR INTERPRETATION THEREOF, INCLUDING STATUTORY CONSUMER CLAIMS, OR TO THE USE OF THE SERVICE (TOGETHER, \u201c<\/span><b>DISPUTES<\/b><span style=\"font-weight: 400;\">\u201c) WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A PARTY\u2019S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PROCEEDING. UNLESS BOTH YOU PARTIES OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON\u2019S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">ANY SUCH ARBITRATION SHALL BE INITIATED AND HELD IN THE OFFICE OF THE AAA IN LOS ANGELES, CALIFORNIA. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">NOTE THAT THIS AGREEMENT TO ARBITRATE CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE RENDERING THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION SUBJECT TO THE FEDERAL ARBITRATION ACT. THIS ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ( \u201c<\/span><b>AAA<\/b><span style=\"font-weight: 400;\">\u201c) UNDER THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE \u201c<\/span><b>AAA RULES<\/b><span style=\"font-weight: 400;\">\u201c) THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION THE AAA RULES ARE AVAILABLE AT<\/span><a href=\"https:\/\/www.adr.org\/\"> <span style=\"font-weight: 400;\">www.adr.org<\/span><\/a><span style=\"font-weight: 400;\">\u00a0 OR BY CALLING THE AAA AT 1-800-778-7879.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">EACH PARTY SHALL BEAR ITS OWN COSTS AND FEES FOR EXPERTS AND ATTORNEYS. THIS EXCLUSIVE ARBITRATION REMEDY SHALL NOT BE AVAILABLE UNLESS INITIATED WITHIN ONE YEAR AFTER THE DISPUTE AROSE. THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Use of Affiliates.<\/span><\/i><span style=\"font-weight: 400;\"> We may use affiliates in the provision of the Services. Each affiliate shall be entitled to avail themselves of any and all rights and limitations set forth in these terms and conditions as if the affiliate were SoLo itself (e.g., indemnification and limitation of liability).<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Assignment.<\/span><\/i><span style=\"font-weight: 400;\"> You may not assign or transfer this Agreement, by operation of law, otherwise without prior written consent from us. Any attempt to assign or transfer without such consent will be null; however, we may assign or transfer this Agreement, at our sole discretion, without restriction.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">SoLo Credits<\/span><\/i><span style=\"font-weight: 400;\">. SoLo may, at its discretion, offer credits to its users that can be used for a future transaction in the event of a defaulted loan, sweepstakes winnings or other promotions. Any such credits are non-transferrable and may not be withdrawn for cash value. Such credits may only be redeemed through our Platform. All SoLo Credits, regardless of how they were earned, will expire 180 all members after the last loan is funded. With respect to account closures, credits expire at 12:00 am Pacific Time after 180 days from the date the member\u2019s account is voluntarily closed by the member or involuntarily closed in accordance with this Agreement.<br \/>\n<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Withdrawal Fees.\u00a0 <\/span><\/i><span style=\"font-weight: 400;\">SoLo charges a 1.75% withdrawal fee on instant transfers to your debit account. ACH withdrawals are available at no charge where accepted by participating banks. SoLo Funds maintains transaction records, including user consent for ACH withdrawals, to ensure compliance and facilitate audits or dispute resolution.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Third Party Beneficiary.<\/span><\/i><span style=\"font-weight: 400;\">\u00a0 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties, including but not limited to any Lender.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Waiver.<\/span><\/i><span style=\"font-weight: 400;\">\u00a0 We may delay in enforcing any of our rights under this Agreement without forfeiture. Any waiver by use shall not be deemed a waiver of any other right or of the same right at another time.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Change in Terms.<\/span><\/i><span style=\"font-weight: 400;\">\u00a0 We may change the terms and conditions of this Agreement from time to time, at our sole discretion. We may add new terms or delete or amend existing terms, add new services, and discontinue existing services, or convert existing services into new services. We will give you reasonable notice in writing, if required by law, no later than 30 days before the effective date, or by any method permitted by law of an adverse change to this Agreement. Prior notice may not be given when not required by law or where an immediate change is necessary for security purposes. By continuing to use the Services after any such change, you agree to be bound by the changed terms and conditions of this Agreement as of the effective date of such changes.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Entire Understanding.<\/span><\/i><span style=\"font-weight: 400;\"> Except as they may be supplemented by additional SoLo policies, guidelines, standards, or terms for a specific feature, service, or offering, this Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter addressed herein, and shall supersede any prior or contemporaneous understandings or agreements with respect to such subject matter.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Severability.<\/span><\/i><span style=\"font-weight: 400;\"> If any of the provisions of this Agreement are, in whole or in part, determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Electronic Communications. When you use the Platform, or send e-mails, text messages, chats, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, chats, or notices and messages within the Platform and via direct electronic communications, and you can retain copies of these communications for your records. Please refer to our E-Sign Disclosure located<\/span><a href=\"https:\/\/solofunds.com\/e-sign-disclosure\"> <span style=\"font-weight: 400;\">here<\/span><\/a><span style=\"font-weight: 400;\"> for more information about your consent to receive disclosures electronically.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">Privacy Policy.<\/span><\/i><span style=\"font-weight: 400;\">\u00a0 SoLo reserves the right to maintain the confidentiality and privacy of all lenders and borrowers. Please see our Privacy Policy located<\/span><a href=\"https:\/\/solofunds.com\/privacy\"> <span style=\"font-weight: 400;\">here<\/span><\/a><span style=\"font-weight: 400;\"> for information about how we collect, use, and disclose your information. Disclosed information may include, but is not limited to, your contact information, your identification, information about your use of the Services, information specific to your financial background, and other information relating to financial matters. The information may be disclosed to our affiliates, financial institutions, service providers, governmental or other regulatory agencies (including law enforcement officials within or outside of the United States) and direct marketers.<\/span><\/p>\n<p><a href=\"https:\/\/solofunds.com\/wp-content\/uploads\/2024\/01\/TOS-1_22_2024.pdf\" target=\"_blank\" rel=\"noopener\">Download<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Revised: January 22, 2024 SoLo\u00a0has contracted with certain service providers in order to provide services to you.\u00a0Certain services are offered through Synapse Financial Technologies, Inc. and its affiliate Synapse Brokerage LLC (collectively, \u201cSynapse\u201d) and\u00a0certain third-party financial service providers (each of the foregoing being a \u201cPartner Financial Institution\u201d). Synapse is not a bank and is not [&hellip;]<\/p>\n","protected":false},"author":8,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-9063","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/solofunds.com\/wp-json\/wp\/v2\/pages\/9063","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/solofunds.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/solofunds.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/solofunds.com\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/solofunds.com\/wp-json\/wp\/v2\/comments?post=9063"}],"version-history":[{"count":1,"href":"https:\/\/solofunds.com\/wp-json\/wp\/v2\/pages\/9063\/revisions"}],"predecessor-version":[{"id":9064,"href":"https:\/\/solofunds.com\/wp-json\/wp\/v2\/pages\/9063\/revisions\/9064"}],"wp:attachment":[{"href":"https:\/\/solofunds.com\/wp-json\/wp\/v2\/media?parent=9063"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}