Last Updated: May 20, 2021
Thank you for your interest in our various loans and lending product services (collectively, “Loan Product Services”). Loan Product Services are offered by Figure Technologies, Inc. (collectively, “Figure,” “we,” and/or “us”). By using Loan Product Services, you agree to be legally bound by the General Terms of Service and these specific product terms and conditions (these “Loan Product Services Terms”). Capitalized terms used in these Loan Product Services Terms and not otherwise defined have the meanings given to them in the General Terms of Service. To the extent that there is a conflict between the General Terms of Service and the provisions of these Loan Product Services Terms, these Loan Product Services Terms will control.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
1. Loan Product Services Overview. Loan Product Services allow you to apply for and, if approved, obtain various loans and lending products offered by our affiliate Figure Lending LLC, such as home equity lines of credit, personal loans, and mortgage refinancing products (collectively, “Loans”). During the application process, we may ask you to provide us with various information about yourself and any collateral relating to the Loans you are applying for. Figure Lending LLC will review the information you provide to us in connection with any Loan application. Once your application for a Loan is approved by Figure Lending LLC, which we may determine to approve at our discretion, then Figure Lending LLC will provide you with information regarding the terms of the Loan we are willing to make available to you. If you agree to the terms we offer, then you will be prompted to accept the offer and follow instructions provided to you to complete your Loan application, execute the Loan agreement, and receive funds in connection with your approved Loan.
2. Applying for Loans. You may be presented with the opportunity to apply for a Loan or other product through the Loan Product Services. All Loans offered through the Loan Product Services are offered by our affiliate Figure Lending LLC. When applying for a Loan, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, Figure or its affiliate has the right to terminate your Loan application and your Loan and to decline to provide any and all future use of the Loan Product Services. We and our affiliates reserve the right to decline your application for a Loan or other product.
3. DISCLAIMERS. WITHOUT LIMITING THE DISCLAIMERS SET FORTH IN SECTION 12 OF THE GENERAL TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE ON BEHALF OF YOURSELF AND, IF YOU ARE A COMPANY, YOUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND OTHER AGENTS (YOUR “HIRED PARTIES”) THAT BY PROVIDING LOAN PRODUCT SERVICES, FIGURE IS NOT WARRANTING TO OR OTHERWISE GUARANTEEING THE COMPLIANCE OF ANY THIRD-PARTY SELLER WITH ANY APPLICABLE LAWS. YOU REPRESENT, WARRANT AND COVENANT TO FIGURE, ON BEHALF OF YOURSELF AND, IF YOU ARE A COMPANY, YOUR HIRED PARTIES, THAT AT ALL TIMES, IN USING LOAN PRODUCT SERVICES AND YOUR ACCOUNT: (A) YOU WILL, AND WILL CAUSE YOUR HIRED PARTIES TO, COMPLY WITH ALL APPLICABLE LAWS; AND (B) YOU WILL, UPON FIGURE’S REQUEST, REASONABLY COOPERATE WITH FIGURE AND PROMPTLY PROVIDE FIGURE WITH ANY MATERIALS REASONABLY REQUIRED BY FIGURE TO ENABLE FIGURE TO PROVIDE LOAN PRODUCT SERVICES AND OTHERWISE FULFILL ITS OBLIGATIONS AND RESPONSIBILITIES UNDER THESE LOAN PRODUCT SERVICES TERMS AND TO ENABLE FIGURE AND ITS THIRD-PARTY SERVICE PROVIDERS AND PARTNERS TO COMPLY WITH APPLICABLE LAWS. CALCULATORS AND TOOLS ON LOAN SERVICES PROVIDE YOU WITH ESTIMATES OF LOAN TERMS THAT ARE GENERALLY AVAILABLE. THE AVAILABILITY OF THESE TERMS MAY CHANGE AT ANY TIME AT OUR SOLE DISCRETION AND ARE SUBJECT TO OUR UNDERWRITING CRITERIA. THE LOAN TERMS YOU RECEIVE MAY BE DIFFERENT.
(a) Modification of Loan Product Services Terms. We may, from time to time, change these Loan Product Services Terms. Please check these Loan Product Services Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will, unless otherwise stated, be effective 30 days after posting or notice to you of the revisions. If a change to these Loan Product Services Terms materially modifies your rights or obligations, we may require that you accept the modified Loan Product Services Terms in order to continue to use Loan Product Services. If you do not agree to the modified terms, you should remove your Account and discontinue your use of Loan Product Services. Except as expressly permitted in this Section 3, these Loan Product Services Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Loan Product Services Terms.
(b) Modification of Loan Product Services. Figure reserves the right to modify or discontinue Loan Product Services at any time (including by limiting or discontinuing certain features of Loan Product Services), temporarily or permanently, without notice to you. Figure will have no liability for any change to Loan Product Services or any suspension or termination of your access to or use of Loan Product Services. Figure also reserves the right to make software updates to Loan Product Services and make those updates available to you. If Figure makes any software update to Loan Product Services available to you, you agree to install the update in order to continue using Loan Product Services. Any software update to Loan Product Services may be subject to additional terms and conditions made known to you at the time any such update is made available to you.
5. Term and Termination. These Loan Product Services Terms will be effective upon the earlier of your acceptance of these Loan Product Services Terms or use of Loan Product Services and will continue until terminated. If you violate any provision of these Loan Product Services Terms, your authorization to access Loan Product Services and these Loan Product Services Terms automatically terminate. In addition, Figure may, at its sole discretion, terminate these Loan Product Services Terms or your Account, or suspend or terminate your access to Loan Product Services, at any time for any reason or no reason, with or without notice. Upon termination of these Loan Product Services Terms: (a) your license rights will terminate and you must immediately cease all use of Loan Product Services; (b) you will no longer be authorized to access your Account or Loan Product Services; (c) you must pay Figure any unpaid amount that was due prior to termination; and (d) Sections 2 and 4 will survive.