TERMS OF USE

Last Revised December 8, 2016

Welcome to Sixup™. These terms of use ("Terms of Use") are provided on behalf of Sixup PBC, Inc. Sixup Lending LLC and its affiliates ("Sixup", "Company", "we", "us", "our"). The below terms govern your use of the sixup.com website, including any sub-domain thereof (the "Site"), related Uploan™ and other products and services provided by Sixup (collectively the "Product and/or Services").

By using the Site or registering with the Product and/or Services as defined below, you acknowledge and agree that you have read, understand, accept the terms and conditions described below (the “Terms of Use”), and you agree to be legally bound by the Terms of Use and all terms, conditions, policies and guidelines incorporated in the Terms of Use by reference.

Notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OUR SITE AND ANY OF ITS PAGES (COLLECTIVELY, THE “COMPANY WEBSITE,” “COMPANY.COM” OR “OUR SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SITE. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THIS SITE.

Your User of Sixup™ Site, Product and Services

Subject to your remaining in compliance with the provisions of the Terms of Use, the Company hereby grants to you a limited, worldwide, royalty-free, non-exclusive, non-transferable, nonsub- licensable license solely to access and use the Product and Services. The Product and Services shall not be used in any other manner or for any other purpose. Use of the Services by children under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older.

Registration, Accounts and Loan Applications

Some Product and Services may require that you register on the Site. When you register or apply for a loan, you agree to provide current, complete, and accurate information about yourself, including your email address, and update your information should it change in the future. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Site and our Products and Services. We reserve the right to reject any registration and/or decline any application for a loan.

When you successfully register with us you will be required to create an account on the Site. When you create an account, you must pick a user name and a password. You acknowledge that use of a username and a password is an adequate form of security. Certain areas of the Site are accessible only to registered accountholders. In order to access the registered-accountholder- only areas of the Site, you will need the username and password you have created.

You must maintain the confidentiality of your assigned user IDs and passwords. You may not disclose your user name or password to any third party. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Company of any need to deactivate a username due to security or other concerns. You agree to immediately notify Sixup at hello@sixup.com of any unauthorized use of your password or username or any other breach of security. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify Sixup, so that your account remains secure and functional.

Sixup is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the Site using your username or password. If you learn of any unauthorized use of your username, password or account, or any breach of confidentiality, you must contact us immediately.

You may deactivate your account at any time, under the condition that you have no pending or outstanding loans. You will still have the ability to reactivate your account and restore your profile in its entirety; however, Company will continue to store your information in accordance and as allowed by local laws and regulations.

Your Content and Information Sharing

By providing information or content on the Site, you expressly agree to all of the following:
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world license to use any information or content that you provide in connection with your use of the Site and our Product and Services, subject to the privacy provisions described in our privacy policy. We have the right to review, delete, edit, modify, reformat, excerpt, or translate any of your information or content. You are solely responsible for the content and information you make available through or in connection with our Products and Services.

All the information and content posted on the Site or privately transmit through the Site or via other means in connection with our Product and Services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omission in any information or content posted by a user.

Our Proprietary Rights

Sixup retains all rights, title, and interest to the Services and any updates that may be provided to you under the Terms of Use. Sixup reserves all rights not expressly granted to you. Indemnity You and any business or third party subject to the Terms of Use through your use shall indemnify, defend and hold harmless Sixup and its officers, agents and employees from and against any claims, demands or causes of action (a) alleging infringement of any third party intellectual property rights based on (i) your use of the Services, (ii) the use of any other software or hardware that is used in conjunction with the Services, (iii) the unauthorized use of the Services, or (iv) use of the Services not in conformance with the specifications or the requirements of the Terms of Use, (b) based on the unauthorized use of the Services by you, or (c) based on or resulting from a breach of any provision of the Terms of Use by you.

Privacy

Your privacy is very important to us. Sixup Privacy Policy explains how we treat your personal information and protect your privacy when you use our Site. We will not share or sell any of your information with any third party, except as specifically described in our privacy statement, which is incorporated by reference into these Terms of Use.

Restrictions on Use

You agree to abide by all applicable laws and regulations in your use of the Site and our Products and Services. In addition, you agree that you will not do any of the following:

Our Proprietary Rights

Sixup retains all rights, title, and interest to the Site, Services and any updates that may be provided to you under the Terms of Use. Sixup reserves all rights not expressly granted to you.

Intellectual Property

You agree that "sixup.com", "Sixup", and all logos related to our Products and Services are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. You may not use or export or re-export any portion of this website in violation of any applicable laws or regulations. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. 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 Company. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Website, any content thereon, our Products and Services, the technology related to our Products and Services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property. 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 this Site, or any portion of the Site for any public or commercial use without the express written consent of Company. Additionally, you agree that you (i) will not remove or alter any author, trademark or other proprietary notice or legend displayed on this Site (or printed pages produced from this Site), and (ii) will not make any other modifications to any documents obtained from this Site other than in connection with completing information required to transact business with Sixup.

Disclaimer of Warranties

The Site, our products, services, information and materials including text, graphics, links or other items contained in the Site are provided "as is" and without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by law, Company, our subsidiaries, affiliates, partners, officers, directors, shareholders, representatives, agents, employees and suppliers specifically disclaim any and ALL implied warranties, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, and non-infringement and SHALL NOT BE RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY.

We do not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. We do not guarantee continuous, timely, uninterrupted or secure access to the Site or any of our Product and Services, and the operation of the Site may be interfered with by numerous factors outside of our control. We will not be liable to any you or anyone else for any incompleteness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting there from. We cannot guarantee and do not promise any specific results from use of the Site and/or our Products and Services. Calculators and tools on the Site provide you with estimates that may be different than actual amounts. Although we provide rules for user conduct and postings, we do not control nor are we responsible for what users post on the Site or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site. We are not responsible for the conduct, whether online or offline, of any user of the Site or our Products or Services.

You agree that we may promptly correct any error that we discover, including any error in calculating your loan terms and rates. If the error results in your receipt of an incorrect interest rate, APR or origination fee, we will notify you and provide you with the correct rate. You agree to provide any additional consent necessary to correct any errors that occur.

Limitation of Liability

This Site may contain advice, opinions, and statements from various information providers or content providers. Sixup does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk.

YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS AND YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL SIXUP, ITS AGENTS OR EMPLOYEES, BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Indemnity

You and any business or third party subject to the Terms of Use through your use shall indemnify, defend and hold harmless Sixup and its officers, agents and employees from and against any claims, demands or causes of action (a) alleging infringement of any third party intellectual property rights based on (i) your use of the Site, Products or Services, (ii) the use of any other software or hardware that is used in conjunction with any Products or Services, (iii) the unauthorized use of the Site, Products or Services, or (iv) use of the Site, Products or Services not in conformance with the specifications or the requirements of the Terms of Use, (b) based on the unauthorized use of the Site, Products or Services by you, or (c) based on or resulting from a breach of any provision of the Terms of Use by you.

Modification and Termination of Products or Services

Sixup may, in its sole discretion, discontinue offering the Products or Services or terminate or suspend your access to the Products or Services at any time. Sixup reserves the right to change or modify any of the terms and conditions contained in the Terms of Use at any time, in its sole discretion, by posting changes at sixup.com/terms-of-service (or another URL that Sixup may provide from time to time). You are advised to regularly review the Terms of Use. You accept modifications of the Terms of Use through online acceptance of the terms or through your continued use of any part of the Products or Services following the posting of any such changes or modifications.

Enforceability and Survival

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Company makes no representation that the documents, pages, images or other materials or content on this site are appropriate or available for use in jurisdictions outside the U.S.A.

Notices

All notices, demands, requests, consents or other communications required or permitted by the Terms of Use (“Notices”) shall be in writing and sent to the parties at their current known e-mail addresses, addresses, or to such other address as either party may specify in writing. Notices shall be deemed duly served on or delivered (1) when delivered personally, (2) when sent to the other party by certified mail, return receipt requested, (3) when delivered by hand or sent by recognized overnight courier (with acknowledgement received by the courier), or (4) sent by facsimile, electronically confirmed and followed up immediately by standard United States mail.

Governing Law and Disputes

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California without reference to its principles of conflicts or choice of law. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.

THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS OF USE OR ANY CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR SELF HOSTED PRODUCT OR SERVICES THAT ARE THE SUBJECT OF THE TERMS OF USE.

Any and all disputes arising under this Agreement shall only be resolved by courts located in the State of California and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with the Terms of Use. In the event of any dispute arising out of or related to the Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

PRODUCT OR SERVICES THAT ARE THE SUBJECT OF THE TERMS OF USE.

Any and all disputes arising under this Agreement shall only be resolved by courts located in the State of California and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with the Terms of Use. In the event of any dispute arising out of or related to the Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

Consent to Be Contacted by Telephone, Email or Postal Mail

By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.

In connection with your account or loan, we may need or want to contact you from time to time in connection with your account or any loan for which you have begun or completed the application process. By registering for a Sixup account or beginning an application on our Site for any Product or Service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your Company account, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.

You agree that Sixup and any of our affiliates, agents, service providers or assignees may call you, leave you a voice, prerecorded, or artificial voice message, or send you a text, e-mail, or other electronic message for any purpose related to your loan with us, our Products and Services, or surveys or research (each a "Communication"). You agree that Sixup and any of our affiliates, agents, service providers or assignees may call or text you at any telephone number associated with your loan, including cellular telephone numbers, and may send an e-mail to any email address associated with your loan. You also agree that we and any of our affiliates, agents, service providers or assignees may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your service provider may. In addition, you understand and agree we and any of our affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.

If you have questions or concerns regarding these terms, you should contact us by emailing us at hello@sixup.com.