Terms & Conditions

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. Please read these terms and conditions of use, as well as our Privacy Policy, carefully and in their entirety before using this website and its contents.

This website (“Site”) is provided by TheDapApp, LLC (“TheDapApp”, “we”, “our”, or “us”) and may be used for informational purposes only. By accessing this Site or Mobile Phone Application, downloading or using materials from this Site or Mobile Phone Application and/or uploading or sending materials or information to this Site or Mobile Phone Application, you agree to abide by these Terms and Conditions of Use and our Privacy Policy. If you do not agree to these Terms and Conditions of Use or Privacy Policy, then you should not use this Site or Mobile Phone Application. We reserve the right to make changes, at any time without notice, to the Site or Mobile Phone Application and its contents, including these Terms and Conditions of Use as well as the Privacy Policy. Each time you visit the Site or Mobile Phone Application you should check the contents and these Terms and Conditions of Use as well as the Privacy Policy for any updates or revisions. You agree to be bound by any such revisions and updates.

Your Use of this Website or Mobile Phone Application Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access this Site or Mobile Phone Application and the information hereon (“Materials”). You agree not to interrupt or attempt to interrupt the operation of this Site or Mobile Phone Application in any way or circumvent or attempt to circumvent any security feature of this Site or Mobile Phone Application. We authorize you to view, download, copy, and print the Materials only for your informational use. This authorization is not a transfer of title or intellectual property rights in or to the Materials, and/or copies of the Materials, and is subject to the following restrictions:

You agree to abide by all additional restrictions displayed on this Site or Mobile Phone Application as it may be updated from time to time. This Site or Mobile Phone Application, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site or Mobile Phone Application and to prevent any unauthorized copying of the Materials. Except as explained in these Terms and Conditions of Use, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Our Site or Mobile Phone Application displays all known programs that meet user’s search criteria. It is your responsibility to research which programs you will be approved for and able to take advantage of.

Submissions

Subject to our Privacy Policy, by providing any remarks, suggestions, ideas, graphics, photos, stories and other information communicated to us through this Site or Mobile Phone Application (together, the “Submission”) you automatically grant to us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that we and our designees are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us. Personal Information (as defined in our Privacy Policy) that may be received at this Site or Mobile Phone Application is provided voluntarily by a visitor to this Site or Mobile Phone Application. Please review our Privacy Policy for more details on how we may use Personal Information.

You acknowledge that you are responsible for Submissions, and you, not we, have full responsibility for the Submissions, including legality, reliability, appropriateness, originality, and copyright. You further recognize that we do not want you to, and by making a Submission you warrant that you shall not, provide any information or material to us that is defamatory, threatening, obscene, harassing, or unlawful, or that constitutes a trade secret or incorporates the proprietary material of another party.

We may, but shall not be obligated to, in our sole discretion, post any Submission on this Site and Mobile Phone Application and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that we determine in our sole discretion are inappropriate, unlawful, fraudulent, threatening, libelous, defamatory, obscene, encourage or constitute dangerous, violent, immoral, offensive, illegal, pornographic, or similarly inappropriate behavior, or that represent us in a negative way or in any manner not consistent with our brand and/or reputation, as may be determined in our sole and absolute discretion, or infringe or violate any party’s intellectual property or other proprietary rights or these Terms and Conditions of Use.

Submissions should not be dangerous or unsafe for you or a third party to make or produce. Submissions also should not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and Submissions should not suggest or imply to any person to undertake any illegal, dangerous, unsafe, or unduly risky activity, as may be determined in our sole and absolute discretion. Submissions should not contain any intellectual property belonging to any other party, including without limitation, trademark, copyright protected material, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any person, business or company, other than us. Such inappropriate Submissions are strictly prohibited, and any Submissions in violation of the above requirements and restrictions will not be posted or shall be subject to removal without notice.

Any use or attempted use of this Site or Mobile Phone Application (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site or Mobile Phone Application, (iv) to gain unauthorized access to any other accounts, computer systems, mobile phones or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by us to be made accessible, (vi) to attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is strictly prohibited. Examples of illegal or unauthorized uses of this Site or Mobile Phone Application include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of this Site or Mobile Phone Application or Materials; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of this Site or Mobile Phone Application or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of this Site or Mobile Phone Application; (iv) creating or transmitting unwanted electronic communications such as “spam” or chain letters to other users or otherwise interfering with other users’ enjoyment of this Site or Mobile Phone Application; (v) Submissions purportedly made on behalf of any third party without such third party’s prior written consent including, without limitation, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (vi) submitting Submissions that falsely express or imply that such Submissions are sponsored or endorsed by us; (vii) submitting Submissions that disparage this Site or Mobile Phone Application or us; (viii) submitting Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files or other items of a destructive nature; (x) submitting Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of any Submission; (xii) any automated use of the information handling system, including the use of scripts to send messages through this Site or Mobile Phone Application; or (xiii) submitting false or misleading information.

While we prohibit such conduct and content on or through this Site or Mobile Phone Application, you understand and agree that you still may be exposed to such materials and that you use this Site or Mobile Phone Application at your own risk.

Code of Conduct

You agree to use this Site or Mobile Phone Application only for lawful purposes. You are prohibited from posting or transmitting through this Site or Mobile Phone Application any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that gives or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

We reserve the right to prohibit conduct, communications or content that we, in our sole discretion, deem to be harmful to individual users, us, our brand or any third party, or that violates applicable law. If we are notified of any defamatory, damaging, illegal or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove such content from this Site or Mobile Phone Application. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation or governmental request; (ii) if such disclosure is necessary or appropriate to operate this Site or Mobile Phone Application; or (iii) to protect the rights or properties of TheDapApp, our subsidiaries and affiliates, our users and our Providers.

Third Party Sites

As a convenience to you, we may provide, on this Site or Mobile Phone Application, links to websites or other mobile phone applications operated by other persons and entities. If you use these other websites or mobile phone applications, you will leave this Site or Mobile Phone Application. If you decide to visit any linked site or mobile phone application, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should refer to the policies posted by other websites or mobile phone applications before you use them. We make no warranty or representation regarding, and do not endorse, any linked websites or mobile phone applications or the information appearing thereon or any of the products or services described thereon. If you choose to purchase any product or service from a third party, your relationship is with that third party. You agree that we are not responsible for the quality of third party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. You agree that we are not responsible for any loss or damage you may incur by reason of any dealing that you may have with a third party. Links do not imply that we or this Site or Mobile Phone Application sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site or mobile phone application is authorized to use any trademark, trade name, logo or copyright symbol of TheDapApp or any of our affiliates or subsidiaries.

Not an Application for Credit

TheDapApp is not a source of funding, or a lender or a broker. This is not an advertisement for credit as defined by paragraph 226.24 of Regulation Z. The information provided by you to TheDapApp is not an application for a grant or mortgage loan or any other type of loan, nor is it used to pre-qualify you with any lender or broker or source of funding. We do not offer any type of credit service including credit counseling. We do not obtain a copy of credit on the Site or Mobile Phone Application user.

Information Sharing with Third-Party Services

Some of our services involve referral of your inquiry to third parties. If you elect to use services involving such referrals, you agree that information submitted by you to us including on this Website or Mobile Phone Application will be shared, either directly or through intermediary entities, with one or more third parties. We describe how your information is shared in our Privacy Policy, which you should carefully review.

No Responsibility for Third Parties

TheDapApp is not an agent or representative of any assistance program, funding source, lender or broker, realtor, credit repair, legal or any other service provider referenced in this Site or Mobile Phone Application. TheDapApp does not endorse, warrant or guarantee service or products of any assistance program, funding source, lender or broker, realtor, credit repair, legal or any other service provider listed on our Site or Mobile Phone Application and does not guarantee and makes no representations of any kind regarding the services of any assistance program, funding source, lender or broker, realtor, credit repair, legal or any other service provider listed on our Site or Mobile Phone Application.

Privacy and Security

We are committed to safeguarding your privacy when you visit this Site or Mobile Phone Application. Our use of Personal Information, if any, is set forth in our Privacy Policy, and by accessing this Site or Mobile Phone Application you agree to be bound by our Privacy Policy.

Trademark Information and Ownership of Intellectual Property

heDapApp® are registered trademarks of TheDapApp, LLC. The trademarks, logos, service marks, and all other source identifying indicia displayed on this Site or Mobile Phone Application, and this Site or Mobile Phone Application and all of its contents including, but not limited to, all Materials, text, images, graphics, pictures, audio, software, video clips, pages, screens and content arrangement (collectively, the “Intellectual Property”), are owned by TheDapApp or others with all rights reserved unless otherwise noted.

Nothing contained on this Site or Mobile Phone Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property on this Site or Mobile Phone Application except for non-profit and non-commercial purposes. Your use of any Intellectual Property, or any other content on this Site or Mobile Phone Application, except as provided in these Terms and Conditions of Use, is strictly prohibited.

Electronic Communications

When you visit this Site or Mobile Phone Application or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, SMS Texting or by posting notices on this Site or Mobile Phone Application. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.

No Warranties; Limitations of Liability

You expressly agree that your use of this Site or Mobile Phone Application is at your sole risk. Neither we nor our affiliates, or subsidiaries, nor any of our or their officers, directors, employees, agents, third party content providers, sponsors, vendors, licensors, licensees or the like (collectively, “Providers”) warrant that this Site or Mobile Phone Application will be continuous, uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this Site or Mobile Phone Application, or as to the accuracy, reliability or currency of any content, information, product or service provided through this Site or Mobile Phone Application.

THE MATERIALS IN THIS SITE OR MOBILE PHONE APPLICATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE OR MOBILE PHONE APPLICATION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.

THIS SITE OR MOBILE PHONE APPLICATION AND THE INFORMATION AND MATERIALS ON THIS SITE OR MOBILE PHONE APPLICATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR MOBILE PHONE APPLICATION, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE OR MOBILE PHONE APPLICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL WE OR ANY PROVIDER BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR MOBILE PHONE APPLICATION. YOU HEREBY AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE OR MOBILE PHONE APPLICATION. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW OR, IF NOT PERMITTED AT ALL, TO THE AMOUNT YOU PAID TO ACCESS THIS SITE OR MOBILE PHONE APPLICATION.

Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates and subsidiaries and the Providers from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions of Use; (ii) your breach of our Privacy Policy.

International Users and Choice of Law

This Site or Mobile Phone Application is controlled, operated and administered by us and our service provider designees from offices within the United States of America. We make no representation that Materials on this Site or Mobile Phone Application are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Site or Mobile Phone Application or export the Materials in violation of U.S. export laws and regulations. If you access this Site or Mobile Phone Application from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use and our Privacy Policy shall be governed by the laws of the State of New Jersey, U.S.A., without regard to conflict of laws provisions or principles.

Effective Date and Changes

These Terms and Conditions of Use are effective as of their posting on the Site or Mobile Phone Application. From time to time, it may be necessary to update or modify these Terms and Conditions of Use. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify or remove any portion of these Terms and Conditions of Use, and any such addition, change, update, modification or removal will be effective immediately upon its posting on this Site or Mobile Phone Application.

We may terminate, change, revise, modify, suspend or discontinue any aspect of this Site or Mobile Phone Application, including the availability of any features of this Site or Mobile Phone Application, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of the Site or Mobile Phone Application constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire Site or Mobile Phone Application without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. You may terminate this agreement by destroying: (a) all Materials obtained from this Site or Mobile Phone Application and any related TheDapApp or other sites or mobile phone applications, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations or warranties shall not terminate.

No Agency Relationship

Neither these Terms and Conditions of Use, nor any content, materials, features, or services of this Site or Mobile Phone Application create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Arbitration

YOU AND WE AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION as follows:

A. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM US, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AN ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against us, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, contractors, successors or assigns of us, as well as the administrator, service agreement administrator, issuer or Provider. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The federal arbitration act (9 U.S.C. §1 et seq.) and not any state law applies to this arbitration agreement.

B. For claims of $10,000 or less, the party bringing the claim can choose the AAA’s rules for binding arbitration or, alternatively, can bring an individual action in small claims court.

C. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that you may not be a representative or member of any class of claimants with respect to any claim. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.

D. If for some reason the prohibition on class arbitrations set forth in Subsection C cannot be enforced, then the agreement to arbitrate will not apply.

E. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.

Entire Agreement, Claims Limitations and Severability

These Terms and Conditions of Use, together with our Privacy Policy, constitute the entire agreement between us and you with respect to your use of this Site or Mobile Phone Application. Any cause of action you may have with respect to your use of this Site or Mobile Phone Application must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use or our Privacy Policy or any portion thereof, to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use and our Privacy Policy shall continue in full force and effect.

Questions:

If you have any questions about these Terms and Conditions of Use, please contact us at 844-693-2727. Please print and retain a copy of this agreement for your records.

Terms and Conditions of Use last updated 2/9/17