Terms of Service

1. Lakeview Loan Servicing, LLC Home Equity Line of Credit Platform Terms of Service
2. FT Intermediate, Inc. (dba Figure Technology Solutions) General Terms of Service

I. Lakeview Loan Servicing, LLC Home Equity Line of Credit Platform

The Lakeview Loan Servicing, LLC Home Equity Line of Credit Platform (“Lakeview HELOC Platform” or “Platform”) is the starting point for Lakeview customers’ digital experience to a home equity line of credit.

These Lakeview Loan Servicing, LLC Home Equity Line of Credit Platform Terms of Service (“Terms of Service”) govern the relationship between you, on the one hand, and Lakeview Loan Servicing, LLC (“Lakeview”), and its affiliates, subsidiaries, and service providers (collectively, “we,” “us,” and “our”), which includes its technology/application provider FT Intermediate, Inc. (dba Figure Technology Solutions), and their affiliates and subsidiaries (including Figure Lending LLC dba Figure) (collectively, “Figure”) on the other hand, with respect to your use of the Lakeview HELOC Platform. Figure is the technology service provider for Lakeview’s HELOC Platform digital home equity line of credit application experience.

The material provided on the Platform, including the information and any images incorporated herein are for your personal, private and non-commercial use only.

Please carefully read these Terms of Service.

By accessing or using the Lakeview HELOC Platform, you are considered to have accepted and agreed to be bound by these Terms of Service. It is important you understand that these Terms of Service are a legally binding agreement between you and us that will be enforceable against you. If you do not agree with or otherwise do not wish to proceed with these Terms of Service, do not visit the Lakeview HELOC Platform and/or do not start or complete a digital application for a home equity line of credit. Lakeview at www.lakeview.com provides additional information on other ways to access Lakeview products or services.

Lakeview reserves the right to modify these Terms of Service at any time. Continued use of the Lakeview HELOC Platform and/or digital home equity line of credit application will constitute your acceptance of any revisions to these Terms of Service. Please check this page regularly.

The effective date of these Terms of Service is September 2025.

The Product and Service.

By accessing and creating a Lakeview HELOC Platform account (“Account”), you will be able to use this portal to apply for a Home Equity Line of Credit (“HELOC”). Your access to, creation and use of the Lakeview HELOC Platform is subject to these Terms of Service, including, as applicable, Lakeview Loan Servicing, LLC’s website Terms of Use (available at: https://lakeview.com/terms-of-use/), Lakeview Powered by Fastlane’s Terms of Use (available at: https://lakeviewloanservicing.fastlanefi.com/terms-and-conditions), and Figure’s Terms of Service (included below), which are expressly incorporated into these Terms. For avoidance of doubt, the Lakeview HELOC Platform is considered a “Service” under the preceding Terms of Service, while the HELOC loan product is considered a “Product.” By agreeing to these Terms of Service, you acknowledge that you have read and agreed to any applicable Terms of Use or Terms of Service referenced above.

Subject to availability, Products and Services through the Lakeview HELOC Platform may include, but are not limited to:

• Registering, creating and interacting with a Lakeview HELOC Platform Account with login credentials;
• Access to an Account homepage functionality that allows you to, for example:
  • Start a Home Equity Line of Credit (HELOC) application;
  • E-notary services to assist with the HELOC application;
  • Call center, AI chatbot services and other interactions with the Lakeview HELOC Platform;
  • The option to access additional Products and/or Services, as made available by Lakeview that may redirect you to another website that is not owned or managed by us; and/or
  • Accessing information about the status of any HELOC application(s).

Referral Fees and Other Compensation. Lakeview may receive referral fees or other compensation for Products or Services offered by our affiliates and/or third parties through the Lakeview HELOC Platform, Lakeview Loan Servicing, LLC website, or Products or Services, except as otherwise prohibited by applicable law or regulations. You agree that any marketing or promotion of a Product through the Lakeview HELOC Platform is not a recommendation, is not independent advice, and that you are solely responsible for researching such Product, including how its terms meet or do not meet your particular facts and circumstances and the terms of any competitor’s products and services.

Prequalification Not Guaranteed. Through Lakeview’s website(s), marketing campaigns, and/or Lakeview HELOC Platform, it may be communicated to you that you are “prequalified,” “preapproved,” “eligible,” or otherwise suggested that you are approved, eligible or likely approved for a product or service. These statements are provided for informational purposes only and are not promises of your ability to obtain said products or services. Approval is not guaranteed. An application for such products or services may be required, and approval is subject to the issuer or provider of the product or service’s additional underwriting terms, conditions or other criteria.

Credit Decisions. For final approval, you must submit a fully completed credit application in connection with your credit request. You do not need to disclose alimony, child support, or separate maintenance income if you do not wish to have it considered as a basis for repayment. No later than thirty (30) days after your fully completed application is received, we will let you know whether your credit application is approved or denied, or if we are making you a counteroffer.

Information Verification. You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by information provided through a third party, or by other proof acceptable to us. Additionally, by proceeding with the application, you consent to our use of any information provided by you or provided through any third party, for any lawful purpose, including but not limited to identity verification, fraud prevention and credit underwriting. Failure to provide information timely can result in any credit application(s) being incomplete and closed by us.

Not Professional or Legal Advice. We are not financial, tax, real estate, or legal advisors. The Lakeview HELOC Platform, Lakeview Loan Servicing, LLC Website, and/or Products or Services are not replacements for personal, professional advice, or assistance regarding your finances, taxes, real estate, or legal matters. You agree that you are responsible for consulting with a financial, tax, real estate or legal professional and you will not rely on Lakeview HELOC Platform, Lakeview’s Website and/or Products or Services as the basis for making any financial, legal or economic decisions.

USA PATRIOT Act Notice.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. 

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

No Securities Solicitation. The information contained in the Lakeview HELOC Platform and/or through Products or Services is not a solicitation or offer to sell securities, nor should it be used by others in connection with any sale, offer for sale, or solicitation of any offer to purchase securities.

Modification or Termination of Products or Services. The Lakeview HELOC Platform and/or Products or Services may be modified or terminated, in whole or in part, at any time, without prior notice to you.

Termination, Suspension and Throttling. We may terminate, suspend or throttle your access to the Lakeview HELOC Platform and/or Products or Services, in whole or in part, and with or without notice for any reason, in our sole discretion.

Termination, suspension or throttling pursuant to this Section will not affect our ability to pursue any other rights or remedies under these Terms of Service or applicable law. In our sole discretion, we may, but are not required to, notify you of the breach or reason giving rise to the right to terminate, suspend or throttle and request that you rectify the breach or reason within the period specified in the notice.

Your Use of Lakeview HELOC Platform Service

Access to Lakeview HELOC Platform Account. Lakeview Loan Servicing, LLC reserves the right at all times, in its sole discretion, and without notice to you, to deny you access to and use of this Lakeview HELOC Platform Account.

Use of Lakeview HELOC Platform Account. You agree and acknowledge that you have the sole responsibility for your use of this Account and for providing or obtaining, and for maintaining, all the hardware, software, electrical power, telecommunications, Internet services, and other products and services necessary or desirable for you to access and use this Lakeview HELOC Platform and your Account.

Lakeview HELOC Platform Account Registration. To be eligible to create an Account and/or use the Lakeview HELOC Platform, you must be a U.S. resident and be at least 18 years of age. To create an Account, you may be required to provide us with certain contact, identifying and other information. We may also request additional information from you at any time.

You agree and acknowledge that we may verify any information you submit either by asking for true and complete copies of necessary documentation, by information provided through a third party, or by other proof acceptable to us. Additionally, by proceeding with your Account and any subsequent application(s), you consent to our use of any information provided by you or provided through any third party, for any lawful purpose, including but not limited to identity verification, fraud prevention and credit underwriting. Failure to provide information timely can result in any credit application(s) being incomplete and closed by us. You understand that if we are unable to verify your bank account or any other information related to your credit request for any reason, we may cancel your request in accordance with our cancellation rights, as set out in the application Terms of Service “Cancellation of Credit Requests” section below.

To access most features of the Lakeview HELOC Platform Service, you must apply and create an Account.  When you register, you may also be asked to provide a password. By creating an Account and/or password, you agree that you are solely responsible for maintaining the confidentiality of your Account and for restricting access to is. Additionally, you also accept responsibility for all activities that occur in your Account or under your access credentials. You agree that Lakeview and/or Figure are not responsible for any third-party access to your Account that results from theft or misappropriation of your Account.

If you believe unauthorized activity has taken place on or from your Account, contact our support team immediately. Contacting us right away will help reduce possible fraud and/or losses. You can contact our support team by emailing us at loans@lakeview.myfastheloc.com or calling us at 1-888-770-5866.  We will not be liable for any loss or damage arising from your failure to comply with this section, subject to applicable laws and regulations.

Transaction Authorizations. If you conduct transactions or conduct account activity through the Products or Services on the Lakeview HELOC Platform, you authorize us and any third-party to act on any instructions received via the Lakeview HELOC Platform, or otherwise through your Account. You are responsible for the transactions or account conduct of anyone you let use or have access to your Account even if you did not authorize the transaction or conduct.

If you believe that an unauthorized activity has taken place on or from your Account, contact us immediately. Contacting us right away will help reduce possible fraud and/or losses. You can contact our support team my emailing us at loans@lakeview.myfastheloc.com or calling us at 1-888-770-5866.

Updating Lakeview HELOC Platform Account Information. You must promptly update your Account details if any of your contact or profile details change. In the event that you need assistance with your Account and/or loan application(s), please contact us via email at loans@lakeview.myfastheloc.com or call us at 1-888-770-5866.

Cancellation of Credit Requests. In the event you wish to cancel an existing HELOC application started through the Lakeview HELOC Platform, please contact us via email at loans@lakeview.myfastheloc.com or call us at 1-888-770-5866.

Consent to Access, Processing and Storage of Your Personal Data.  As you register for your Account and for the purpose of completing your Lakeview HELOC loan application(s), you may be providing information to Figure on our behalf, including Account credentials, third-party account credentials (usernames, passwords, and other log-in information), account information, including financial account information such as current account balance(s) and transaction history, and/or identity verification information, including biometric information and identifiers. By using the Lakeview HELOC Platform, you expressly authorize Figure and its agents to access, retrieve and transmit this information as part of the platform, on your behalf and as your agent. To see more information on what Figure collects, processes and stores, please refer to Figure’s General Terms of Service found below and on the Lakeview HELOC Platform.

You represent and warrant that you have all rights to any information accessed, processed and/or stored that you provide via the platform.

Your Conduct. You agree that you will comply and be bound by these Terms of Service as they appear on the Lakeview HELOC Platform each time you access and use your Account. You agree not to submit, transmit, or post any Submission (defined below), materials, or emails through the Lakeview HELOC Platform, or via email, or otherwise to us or others that:

• are inaccurate, offensive, obscene, indecent, objectionable, threating, harassing, abusive, or defamatory;
• contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of the Lakeview HELOC Platform, or any of our systems or any server connected to the Lakeview HELOC Platform;
• that may infringe, or does infringe, on our intellectual property or the intellectual property of others; or
• that otherwise violate any applicable laws or regulations.

We shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Service, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Representations and Warranties. By using Lakeview HELOC Platform and/or Products or Services, you agree that you will not use the Lakeview HELOC Platform for any purpose other than conducting mortgage banking-related business with us as a bona fide client of Lakeview Loan Servicing, LLC. You represent and warrant:

• You are a U.S. resident and you are at least 18 years of age;
• You agree to and will abide by all of the terms and conditions of these Terms of Service, and you agree that these Terms of Service are a legally binding written contract;
• All information you provide in connection with the Lakeview HELOC Platform and/or Products and Services will be truthful and accurate;
• You will not, in connecting with your Account:
  • Make any false, misleading, or deceptive statements or omissions of fact, including but not limited to the purpose of Lakeview HELOC Platform Account creation and/or request for any Products or Services, and for the existence of any other outstanding request of credit you may have;
  • Misrepresent your identity, or describe, present, or portray yourself as a person other than yourself;
  • Give to or receive from (or offer or agree to give to or receive from) us or another person, a fee, bonus, additional interest, kickback, or thing of value of any kind except in accordance with the terms of your Account;
  • Represent yourself to any person as a representative, employee, or agent of ours, or purport to speak to any person on our behalf;
• You will provide any information we reasonably request from you;
• You acknowledge and agree that we may rely without independent verification on the accuracy and completeness of all information you provide to use and all representations you make to us;
• You will not access the Lakeview HELOC Platform and/or Products or Services from a country that is subject to sanctions issued by the government of the United States;
• You are not included on any list of Specially Designated Nationals, blocked, prohibited, or restricted persons by the government of the United States;
• You will not attempt to disrupt the normal operation of the Lakeview HELOC Platform and/or Products or Services, or any infrastructure operated by us or any of our other business activities;
• You will only use the Lakeview HELOC Platform and/or Products or Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party;
• You will not interfere with or induct a breach of the contractual relationships between Lakeview Loan Servicing, LLC. and its employees;
• You will not use the Lakeview HELOC Platform and/or Products or Services, or any part thereof, to build or otherwise act in furtherance of any software, product, service, technology, or offering that is competitive, in any respect, with the Products or Services or any products or services available through the Lakeview HELOC Platform;
• You will not harvest email addresses from or transmit unsolicited email to or from this Lakeview HELOC Platform and/or Products or Services;
• You will not engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
• You will not attempt to gain unauthorized access to the Lakeview HELOC Platform or the Services or otherwise jeopardize the security of Lakeview HELOC Platform and/or the Products or Services, your Account, the Account of any other user, any computer network, or any security encryption code;
• You will not post or submit any Submission (defined below) that:
  • (i) is inaccurate, offensive, obscene, indecent, objectionable, threating, harassing, abusive, or defamatory;
  • (ii) contains sensitive personal information, such as Social Security Numbers, credit card numbers, or financial accounts numbers;
  • (iii) promotes products, services, or forums of third parties; or
  • (iv) that may infringe, or does infringe, on our intellectual property or the intellectual property of others.
• You will not suggest an express or implied affiliation with us or a broker relationship with us (without the express permission of Lakeview Loan Servicing, LLC);
• You will not unlawfully impersonate or otherwise misrepresent your affiliation with any person or entity;
• You will not dilute or depreciate the name and reputation of us; and
• You will not use the Lakeview HELOC Platform and/or the Products or Services in connection with the actual or attempted contravention of any applicable laws or regulations.

Account Password. You are responsible for protecting the confidentiality of your Lakeview HELOC Platform Account password and your personal information. If you suspect that there has been unauthorized access to your Account or the security of your Account has been compromised, you must notify Lakeview immediately and change your Account password within the Lakeview HELOC Platform. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Lakeview HELOC Platform by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Lakeview HELOC Platform that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised. In the event that you need assistance with your Account, please contact us via email at loans@lakeview.myfastheloc.com or call us at 1-888-770-5866.

Lakeview HELOC Platform Updates. We, through our relationship with Figure, may from time to time in our sole discretion develop and provide Lakeview HELOC Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and new features (“Updates”). Updates may also modify or delete in their entirety certain features and functionality. We do not publish software that requires you to download or install any software. You agree that We have no obligation to provide any updates or to continue to provide or enable any particular features or functionality.

Information Sharing

Consent to Information Sharing. Except as otherwise prohibited by applicable law or regulations, you authorize us to share any information amongst ourselves about you, including any products or services you have with any one of us or that we service or facilitate. This includes but is not limited to Lakeview Loan Servicing, LLC sharing information about your mortgage, pre-qualifications, loan applications, contact information, and personal details.

Withdrawing Consent. In order to withdraw your consent to information sharing, you must terminate your Lakeview HELOC Platform Account. You may do so by contacting us via email at loans@lakeview.myfastheloc.com or calling us at 1-888-770-5866. Note that termination of your Lakeview HELOC Platform Account will not allow you to continue with any existing digital HELOC application(s). Please contact us via email at loans@lakeview.myfastheloc.com or call us at 1-888-770-5866 to learn how to continue with an existing application.

To withdraw your consent from any other Products or Services, including any website, and/or other digital experiences, please refer to those applicable Terms of Service. Please note that withdrawing your consent to information sharing will not affect any other consent you may have provided to us.

Privacy Policy and Notice. Our Lakeview HELOC Platform Privacy Policy and Federal Privacy Notice are incorporated herein by reference. Please read our Privacy Policy and Notice carefully. You acknowledge, agree and consent to the terms of our Privacy Policy and Notice by your use of the Lakeview HELOC Platform and/or Products or Services. Additional Privacy information is available on https://lakeview.com/privacy-policy.

Additional notice to California Residents. The California Consumer Privacy Act (“CCPA”) is a law which applies to residents of the State of California, who are not currently covered under the GLBA. California defines residency as: (1) every individual who is in the State for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the State who is outside the State for a temporary or transitory period. All other individuals are nonresidents. Examples of domicile include paying taxable income, maintaining a permanent home, paying resident tuition, voting in a California election, or any other benefit not ordinarily extended to non-residents.

Note that the Lakeview HELOC Platform may collect certain categories of information as noted in the “California Consumer Privacy Notice;” however, not all categories of information are likely to be collected from or about each individual consumer. The specific categories of information collected are dependent on Lakeview Loan Servicing, LLC and its services provided.

For further information on the categories of information Lakeview collects, please visit the Lakeview HELOC Platform Privacy Policy within the Platform portal or found here: https://lakeview.com/digital-heloc-home-equity-line-of-credit-platform-privacy-policy

California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us at:

Lakeview Loan Servicing, LLC

Attn: Compliance Department

4425 Ponce De Leon Blvd., MS. 5-251

Coral Gables, FL 33146

Privacy Rights under Other State Laws. You may have similar privacy rights under other states’ laws that have adopted or are considering comprehensive consumer privacy laws, including, but not limited to Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia. Under such states’ privacy laws, you may have rights that give you the right to: i) confirm whether Lakeview processes your personal information; ii) access, delete, or correct your personal information; iii) request a copy of your personal data; iv) opt out of the sale of your personal information; v) opt out of targeted advertising; and/or vi) appeal a decision denying your rights. Lakeview will honor your privacy rights in compliance with the applicable states’ privacy laws. To exercise your privacy rights, you may email us at loans@lakeview.myfastheloc.com or write to us at:

Lakeview Loan Servicing, LLC

Attn: Compliance Department

4425 Ponce De Leon Blvd., MS. 5-251

Coral Gables, FL 33146

Intellectual Property

Limited License. Through our relationship with Figure, we grant you a limited, non-exclusive, revocable, non-transferable, and non-assignable license to use the Lakeview HELOC Platform and/or Products or Services, including for your own use on a mobile device or computer owned or otherwise controlled by you strictly in accordance with these Terms of Service and any other agreement you have with us. You acknowledge and agree that Lakeview HELOC Platform or any application available through the Lakeview HELOC Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Lakeview HELOC Platform or any application available through the Lakeview HELOC Platform under these Terms of Service, or any other rights other than to use the Lakeview HELOC Platform, or any available through the Lakeview HELOC Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Service.

Ownership. We, through our relationship with Figure, own and retain all rights, title, and interest in and to the Lakeview HELOC Platform and their features, functionality and entire contents, including without limitation, text, data, articles, design, source code, software, photos, images, graphics, user interfaces, trademarks, logos, sound, video, general “look and feel,” and other information as well as any part thereof or any updates and the design, structure, selection, coordination, expression and arrangement of any of the foregoing, and any and all present and future intellectual and industrial property rights anywhere in the world including copyright, know-how, designs, trade secrets, patents and trademarks, and any application or right to apply for registration of those rights (“Intellectual Property Rights”) therein and thereto (collectively, the “Content”). You acknowledge that the Lakeview HELOC Platform, Product or Services, and Content are protected by United States and international trademark, copyright, patent, trade secret and other intellectual property or proprietary rights laws.

You also acknowledge that the Lakeview HELOC Platform and/or Product or Services are controlled and operated from within the United States of America and that is only offering information regarding products and services that are made available in the United States. Lakeview makes no representation that the products or services referenced in the Lakeview HELOC Platform will be available: (a) anywhere outside of the United States, or (b) in every state within the United States.

You will not at any time, including after any termination or expiration of these Terms of Service, undertake or permit a third party to undertake any act which infringes, misappropriate, or attempts to infringe or misappropriate those Intellectual Property Rights and, without limiting the generality of the foregoing, you specifically acknowledge that you must not copy the Lakeview HELOC Platform, or Content, in whole or in part, except as otherwise expressly authorized in these Terms of Service. Except as explicitly provided herein, nothing in these Terms of Service shall be construed as conferring any transfer, conveyance, or license to any Intellectual Property Rights of us or our licensors, whether by estoppel, implication or otherwise. All rights not expressly granted in these Terms of Service are reserved by us and our relationship with Figure.

Limited Rights. You are only authorized to view, use, copy for your records and download small portions of the Content on the Lakeview HELOC Platform, Product or Services, or output thereof for your informational, non-commercial, individual use, provided that you leave all copyright notices and any other proprietary notices intact.

Restrictions. Your access to and use of Lakeview HELOC Platform and/or Product or Services are subject to the following restrictions:

• Other than as expressly provided in these Terms of Service or otherwise permitted by law, you must not use, copy, display, download, store, reproduce, republish, publicly display, distribute, post, transmit, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based on the Lakeview HELOC Platform Service, or the Content, or any part thereof, without the advance written permission of Lakeview;
• You may not access, retrieve any data from, or otherwise perform any other activities on or through the Lakeview HELOC Platform or Service using any type of software or other automated process or artificial intelligence (including without limitation scripts, robots, scrapers, crawlers, or spiders);
• The commercial use, reproduction, transmission, or distribution of any Content, information, software, or other material available through the Lakeview HELOC Platform or without the prior written consent of Lakeview is strictly prohibited;
• Any use of the Lakeview HELOC Platform or Content other than as specifically authorized herein, without the prior written permission of Lakeview, is strictly prohibited, and any such use will immediately terminate all rights granted to you herein; and
• The limited rights made available by us to you are revocable by us at any time without notice and with or without cause.

Trademarks. All product names, our company names, our logos and all related names, logos, product, and service names, whether or not appearing in large print or with the trademark symbol (the “Marks”), are our trademarks or those of our licensors, unless otherwise noted. The use or misuse of the Marks, except as expressly permitted herein, is expressly prohibited and may be in violation of trademark law, copyright law and other proprietary and intellectual property rights. You must not use such Marks without the prior written permission of Lakeview. All other names, logos, product and service names, designs and slogans on the Lakeview HELOC Platform and/or Products or Services are the trademarks of their respective owners.

Your Content. Any comments, questions, suggestions, reviews, ideas, concepts, know-how, techniques, discussions, photos, video, images, data, or the like (“Submissions”) in any communications or other material that you send us through the internet, post on the Lakeview HELOC Platform, post on any other website provided by us, provide through the, send to us by electronic mail, or otherwise make available to us will be deemed non-confidential and we shall have no obligation of any kind with respect to such Submissions.

By contributing Submissions, you represent and warrant that you own all intellectual property in and to those Submissions. You must not upload or contribute any Submissions not either originally created by you or properly licensed to you by someone else for uploading or contributing.

We will be free to use any Submissions for any purpose whatsoever, including but not limited to, developing and marketing products and services. You grant us and other users of our Products or Services a non-exclusive, unrestricted, perpetual, irrevocable, transferable, assignable, sub-licensable, royalty-free license to publish, host, store, transfer, distribute, modify, create derivative and collective works from, reproduce, display, perform, transmit, process, or otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your Submissions, in whole or in part, without any obligation to you. This license includes the right to use your name, persona, username, and likeness without compensating you. Nothing contained herein shall be construed as limiting our responsibilities and obligations under our Privacy Policy.

We may, but are not obligated to review, monitor, edit, control, distribute, refuse to distribute, block access, re-format, alter, delete, or remove Submissions from our Lakeview HELOC Platform and/or Products or Services for any reason. We also reserve the right to block or otherwise prohibit any individual from the ability to provide or post Submissions for any reason.

Feedback. You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Lakeview HELOC Platform and/or Products or Services any suggestions, enhancement requests, recommendations or other feedback provided by you.

Content from Other Users. We do not endorse, represent, or guarantee the completeness, accuracy, reliability, or usefulness of any Submissions on the Lakeview HELOC Platform and/or Products or Services. You may see Submissions that may be inaccurate, offensive, indecent, or objectionable.

U.S. Government Rights. The Lakeview HELOC Platform and any Products or Services accessed through the Website are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency or employee of the U.S. Government or any contractor therefore, you receive only those rights with respect to the Lakeview HELOC Platform as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.

Export Controls. The Lakeview HELOC Platform may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly, or indirectly, export, re-export, or release the Lakeview HELOC Platform to, or make the Lakeview HELOC Platform accessible from, any jurisdiction or country other than the United States.

Copyright Complaints. If you believe that any material on the Lakeview HELOC Platform and/or Products or Services infringes upon any copyright which you own or control, you may send a written notification of such infringement to loans@lakeview.myfastheloc.com.

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Liability and Disclaimers

No Warranties. THE LAKEVIEW HELOC PLATFORM, PRODUCTS OR SERVICES, AND ALL OF THEIR CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. We, our parent companies, affiliates, subsidiaries, business partners, providers or their respective officers, directors, employees, agents, partners, independent contractors, technology/application providers or licensors (the “Lakeview Parties”) assume no responsibility for consequences from the use of the information herein, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. WE ARE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE, OR RELIANCE ON SUCH INFORMATION. Additionally, there are no warranties as to the results of your use of the Content. The Lakeview Parties do not warrant that the Lakeview HELOC Platform and/or Products or Services are free of viruses, malware, or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Service.

Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW OR REGULATIONS, IN NO EVENT WILL THE LAKEVIEW PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ANY LOST PROFITS, OR ANY LOST DATA ARISING FROM YOUR USE OF THE FIGURE PLATFORM NAME DIGITAL APPLICATION PLATFORM, PRODUCTS OR SERVICES, OR SOFTWARE, EVEN IF THE LAKEVIEW PARTIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent permitted by applicable law and regulations, and without limitation, the Lakeview Parties are not liable for any claims or losses arising directly or indirectly from:

• a failure to provide the Lakeview HELOC Platform and/or Products or Services, or any part thereof;
• corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, the Lakeview HELOC Platform and/or any Products or Services.
• any suspension the Lakeview HELOC Platform Account and/or Products or Services, or any part thereof; or
• any use of the Lakeview HELOC Platform, or by other users, including any use of the Lakeview HELOC Platform and/or Products or Services by other users in manner which contravenes these Terms of Service.

Indemnification. You agree to indemnify and hold the Lakeview Parties and Figure Parties harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Lakeview HELOC Platform and/or Products or Services (including any Submissions), any violation of these Terms of Service, any violation of law, or violation of the rights of any third party.

Online Security is Limited. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information and keep your information confidential, we do not warrant and cannot ensure the security of any information transmitted to it by you. Accordingly, any information transmitted to us via the internet or email is transmitted at the risk of the sender.

Users must take their own precautions to ensure that the process they employ for accessing the Lakeview HELOC Platform and/or Products or Services does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their computer or mobile device. We are not responsible for any viruses, malicious computer code or other forms of interference experienced by you when accessing the Lakeview HELOC Platform and/or Products or Services.

Third Party Services. You may be required to use certain third-party services in order to obtain, access, or use the Lakeview HELOC Platform Account and/or Products or Services. Your use of third-party services may be subject to fees and separate terms and conditions, and you acknowledge that we are not liable for the activities of any such third parties. You must comply with any applicable third-party terms of agreement when using the Lakeview HELOC Platform and/or Products or Services. You are responsible for ensuring that your use of the Lakeview HELOC Platform and/or Products or Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

Links to Third Party Websites. The Lakeview HELOC Platform and/or Products or Services may contain links (including via advertisements) to third party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval, or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third-party content or services may be subject to separate terms and conditions.

At certain places the Lakeview HELOC Platform and/or Products or Services may contain live “links” to Internet addresses that can be accessed (“Linked Websites”). Such Linked Websites contain information created, published, maintained, or otherwise posted by independent third parties. We do not endorse, approve, certify, or control these Linked Websites and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information that they contain. Use of Linked Websites is voluntary and should only be undertaken after an independent review of the accuracy, completeness, efficacy, and timeliness of information contained therein. In addition, it is your responsibility to take precautions to ensure that material selected from such Linked Websites is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. We are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of the use of such Linked Websites, or reference to or reliance on information contained therein.

No Liability for Submissions. We are not liable for Submissions posted on our Lakeview HELOC Platform and/or Products or Services and you waive any legal or equitable right or remedy you have against Us with respect to Submissions.

Other Terms

Other Agreements. Your use of the Lakeview HELOC Platform and/or Products or Services may be subject to other agreements or authorizations with us or another third party that is the issuer or provider of a product or service through our platform. To the extent of any inconsistency between these Terms of Service and other agreements or authorizations with us, a relevant third-party originating bank, or a relevant third-party provider, the other agreements or authorizations shall prevail.

Amendments. Lakeview reserves the right to amend these Terms of Service from time to time. We will notify you of the amendments through any reasonable means at our discretion, such as publication on the Lakeview HELOC Platform, notification through Products and/or Services (such as banner ads), or via email to you. The amendments will be effective immediately, unless we state otherwise in our notice to you. Your continued access and use of the Lakeview HELOC Platform and/or Products or Services constitutes your agreement to be bound by the updated Terms of Service.

Survival. The following provisions of these Terms of Service shall survive termination of your ability to access the Lakeview HELOC Platform and/or Products or Services: the sections concerning Intellectual Property, Representations and Warranties, No Warranties, Limitation of Liability, Indemnification, Waiver, Governing Law, this provision, and any other provision that by its terms survives termination of your use or access to the Site.

Assignment. You may not assign, novate, or otherwise transfer any of your rights or obligations under these Terms of Service without the prior written consent of Lakeview, which shall be at its sole discretion. Lakeview may assign, novate, or otherwise transfer any of its rights or obligations under these Terms of Service at its sole discretion without written notice to you.

Waiver. Our failure or delay in enforcing any of your obligations, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy. Additionally, if we waive a particular obligation in one circumstance, it does not prevent us from subsequently requiring compliance with the obligation on other occasions.

Severability. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in full force and effect.

Governing Law. By accessing or using the Lakeview HELOC Platform and/or Products or Services, you have directed your system to a computer located in the States of California and Florida. You agree that to the degree not preempted by federal law, including the FAA, the laws of the State of New York will govern these Terms of Service without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. If you receive or enter into a contract for a Product and/or Service, the terms of that contract may be governed by the laws of a different state, pursuant to the terms of that contract.

Further Assurances. You agree that you will, at your own expense, do all things and execute all further documents necessary to give full effect to these Terms of Service.

Entire Agreement and Reservation of Rights. These Terms of Service constitute the entire agreement between you and us with respect to the Lakeview HELOC Platform and/or Products or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Lakeview HELOC Platform and/or Products or Services. Any rights not expressly granted herein are reserved.

Contacting Us. In the event that you need to contact Lakeview about these Terms of Service, please contact us via email at loans@lakeview.myfastheloc.com or call us at 1-888-770-5866.

Communications with Company.

Time Sensitive Instructions: When communicating with us through the Lakeview HELOC Platform or via email, do not use it to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application, or closing (such as interest rate locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored. All transactions conducted on this Lakeview HELOC Platform or via email must be confirmed in writing by us to be accepted by and binding upon us.

Loan Approvals. All loan approvals, pre-qualifications, rate locks, deposit and refund agreements, and the like, are only made by Lakeview Loan Servicing, LLC in writing. Approvals and qualifications are conditional in accordance with their terms except as specifically provided for in writing signed by Lakeview Loan Servicing, LLC.

Credit Reports. When applying for credit, you are authorizing Lakeview Loan Servicing, LLC via Figure to obtain a copy of your credit report for a lawful and permissible purpose. As a result, a “hard” inquiry may appear on your credit report. A hard inquiry may negatively affect your credit score. However, your acceptance of Lakeview and/or Figure’s Consent to Obtain Credit Reports is binding upon you.

E-Signature. General communications through this Lakeview HELOC Platform or via email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your acceptance of any applicable Lakeview’s Consent to Electronic records is binding upon you.

Recording & Monitoring of Communications. Note that by communicating with us regarding your use of the Lakeview HELOC Platform, email or telephone communications may be recorded or monitored. By using such communication methods, you are consenting to the recording or monitoring of the same and Lakeview is not under any legal obligation to provide you with this recording or monitoring information unless required by law.

II. FT Intermediate, Inc. (dba Figure Technology Solutions) General Terms of Service

General Terms of Service

Welcome, and thank you for your interest in FT Intermediate, Inc. (dba Figure Technology Solutions), together with our affiliates and subsidiaries (including Figure Lending LLC dba Figure) (collectively, “Figure,” “we,” “our,” or “us”). These General Terms of Service (the “General Terms”) govern your access to and use of the www.figure.com website or any related website or mobile application (“Site”), including any content, functionality, products, “Additional Services” (as defined below in Appendix B), and services offered on or through the Site (“Service”).

These General Terms, including any additional agreements incorporated by reference herein (identified in Appendix A) and any “Additional Terms” (as defined below in Appendix B) you agree to when using any Additional Services (collectively, the “Terms”), form a legally binding agreement between Figure and you regarding your use of the Service. “You” and “your” refer to any person who accesses or uses the Site or Service. You may either enter into these Terms on your own behalf for personal use or on behalf of your employer. If you are entering into these Terms on your own behalf for personal use, you are a “User” under these Terms. If you are entering into these Terms on behalf of your employer, your employer is a “Company” under these Terms and any reference to “you” or “your” will be deemed to mean your employer.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 9, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FIGURE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. See Section 9 for additional details.

Modification Notice. We may amend or modify the Terms at any time by posting revised terms on the Site or providing a copy to you. Any such revised Terms shall be effective as of the time they are posted but will not apply retroactively. Your continued use of the Service after the posting of revised Terms constitutes your acceptance of such revised Terms. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service and close any account(s).

BY CLICKING ANY BUTTON INDICATING ACCEPTANCE (E.G., AN “I ACCEPT” BUTTON) OR INSTALLING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SERVICE, YOU ARE REPRESENTING TO US THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, YOU ARE OVER THE AGE OF 18 (OR OLDER IF YOU RESIDE IN A STATE WHERE THE MAJORITY AGE IS OLDER), AND ARE EITHER CONSENTING TO BE LEGALLY BOUND BY THESE TERMS ON YOUR OWN BEHALF AS A USER OR ON BEHALF OF A COMPANY AS AN AUTHORIZED REPRESENTATIVE OF THAT COMPANY. IF YOU ARE CONSENTING ON BEHALF OF A COMPANY, THEN YOU FURTHER REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THESE TERMS AND THAT THE COMPANY AGREES TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR CANNOT MAKE THESE REPRESENTATIONS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND FIGURE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FIGURE AND BY USER OR COMPANY, AS APPLICABLE, TO BE BOUND BY THESE TERMS.

1. Use of the Service.

(a) Account. To access most features of the Service, you must apply for an account (“Account”). When applying for your Account on the Service, you may be required to provide us with some information about yourself, such as your email address, home address, a valid, government-issued photo ID, and other contact information. You agree that: (a) the information you provide to us is accurate and that you will keep it accurate and up to date at all times; (b) you are solely responsible for maintaining the confidentiality of your Account and for restricting access to it; and (c) you accept responsibility for all activities that occur in your Account or under your access credentials. When you register, you may also be asked to provide a password. You acknowledge and agree that Figure is not responsible for any third-party access to your Account that results from theft or misappropriation of your Account. You agree to immediately notify us at support@figure.com  Opens in a new window. of any unauthorized use of your access credentials or otherwise of your Account or any other known or suspected breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

(b) Consent to Access, Processing and Storage of Your Personal Data. During registration for your Account, or for any Additional Service (as defined in Appendix B), or at any other time deemed necessary by Figure, you agree to provide us with the information we request for the purposes of identity verification, providing the Service to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing the Service to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your Account. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless operator to disclose your phone number, name, address, email, network status, customer type, customer role, billing type, Device identifiers (IMSI and IMEI) and other subscriber and Device details, if available, to Figure and Figure Payments and our service providers until these Terms are terminated, solely for identity verification and fraud avoidance. See our Privacy Policy for more information on how we treat your data.

(c) Payments and Authorization. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Figure reserves the right to determine pricing for the Service, including any features of the Service or products offered through the Service. Figure will make reasonable efforts to keep pricing information published on our website up to date. We encourage you to check our website periodically for current pricing information. Figure may change the fees for any feature of the Service, including additional fees or charges, if Figure gives you advance notice of changes before they apply. Figure, at its sole discretion, may make promotional offers with different features and different pricing to any of Figure’s users and merchants. These promotional offers, unless made to you, will not apply to your offer or these Terms. You authorize Figure to charge all sums for any Use of your Account that you confirm through the Service (including through features of the Service, such as QR codes), any orders you make, and any level of Service you select as described in these Terms or published by Figure, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit card, Figure may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase or requested transmission of funds in or out of your Account. Figure may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

(d) Third-Party Services and Software. Figure may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your Account with an account on the third-party service, such as your bank account, or through our implementation of third-party buttons. By using one of these tools, you agree that Figure may transfer that information to the applicable third-party service. Third-party services are not under Figure’s control, and, to the fullest extent permitted by law, Figure is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Figure’s control, and Figure is not responsible for their content. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components. Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining those third-party components under the applicable third-party licenses or to limit your use of those third-party components under those third-party licenses.

(e) Use of the Service: Method Financial. Figure uses Method Financial (“Method”), a third-party service, to obtain and share your liability account information with us. By requesting us to check for potential savings by paying off your liabilities, you agree to Method’s Privacy Policy  Opens in a new window. and End User Terms of Service  Opens in a new window. in addition to the terms contained in section (d) Third-Party Services and Software, above.

2. Licenses and Ownership.

(a) Licenses to Service. Subject to your complete and ongoing compliance with these Terms, Figure grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control (“Device”); and (b) access and use the Service, solely for User’s personal, non-commercial use or solely for Company’s internal business purposes, as applicable. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service; (ii) make modifications to the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. Except for the limited license granted in these Terms, Figure retains all right, title, and interest, including all intellectual property rights, in and to the Services. The Services constitute Figure’s valuable trade secrets. Accordingly, any unauthorized use or disclosure of information related to the Services would cause Figure irreparable harm. The license granted pursuant to these Terms is not a sale and does not transfer to you title or ownership of the Services or a copy of the Services. ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THESE TERMS ARE RESERVED BY FIGURE.

(b) User Content. Certain features of the Services may permit users to upload and provide content to the Services, including messages, data, text, images, files, links, information, contracts, documents, materials and other types of works (“User Content”) and to publish User Content on the Services. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Services. By providing User Content to or via the Services, you grant Figure a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, for purposes of providing the Services to you and to other authorized users. Further, you give Figure permission to share your User Content with any third-party with whom you engage or wish to apply to engage, and any service provider that participates in transactions you enter, all as may be further described in the Privacy Policy. By providing User Content, you represent and warrant that: (a) your User Content is true and accurate; (b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Figure to violate any law or regulation.

(c) Retention. You acknowledge, consent, and agree that Figure may access, preserve, and disclose content you provide us if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process (e.g., a subpoena, court order, or warrant); (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of Figure, our agents and affiliates, our users, and the public; or (5) to address your requests.

(d) Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or Account (“Feedback”), then you grant Figure a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, fully sublicensable, and transferable right to use and incorporate Feedback into any products and services, to make, use, sell, offer for sale, import, and otherwise exploit such products and services, and to otherwise use, copy, distribute, and exploit the Feedback without restriction.

(e) Figure Intellectual Property. The Service is owned and operated by Figure. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (including of Your Account) (collectively, “Materials”) provided by Figure are protected by intellectual property and other laws. All Materials included in the Service are the property of Figure or its third-party licensors. Except as expressly authorized by Figure, you may not make use of the Materials. Figure reserves all rights to the Materials not granted expressly in these Terms. All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Service or Materials (the “Marks”) are proprietary to Figure or our licensors or licensees. You may not use, reproduce or display any of the Figure Marks except upon Figure’s prior written consent.

3. Communications

(a) Overview. Your acceptance of the Electronic Communications Policy is required to create your Account. By accepting these Terms, you expressly consent to be contacted by us or our affiliates at any telephone number, e-mail address, mailing address, or physical or electronic address you provide or at which you may be reached in accordance with these Terms. You agree that we, our affiliates, agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages, subject to these Terms), calls using pre-recorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. In addition, we may contact other people who may provide employment, location, or other contact information for you. Automated messages may be played when the telephone is answered whether by you or someone else. In the event that an agent or representative of ours calls you, he or she may also leave messages on your answering machine, voice mail, or send messages via text. You can revoke your consent at any time by contacting us at help@figure.com  Opens in a new window.. You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. You are responsible for any and all charges imposed by your communications service provider. You agree that we and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.You expressly agree that the original lender, Figure Lending LLC, any assignee or future holder or servicer of your account, and any of their affiliates, agents, or service providers may contact you using SMS text messages, pre-recorded messages, artificial voice/artificial intelligence-generated voice communications, and calls and messages delivered using automatic telephone dialing systems or an automatic texting system. You agree that these entities may contact you at any phone number you have provided to us, including any mobile phone number, as well as any phone number you may provide to any of these entities in the future. You represent that you are permitted to receive calls at any telephone number you provide, and agree to promptly notify these entities if you stop using a particular telephone number.

(b) SMS Terms of Service. Figure Lending LLC will send SMS messages pertaining to the Service, your application status, our other products, and any promotions. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing the Service. YOU CAN CANCEL THE SMS SERVICE AT ANY TIME. JUST TEXT “STOP” TO THE SHORT CODE FROM WHICH THE MESSAGE IS RECEIVED. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at help@figure.com  Opens in a new window. or by calling 888-819-6388. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You are responsible for any and all such charges, including fees associated with text messaging, imposed by your communications service provider. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. See our Privacy Policy for more information on how we treat your data.

(c) Push Notifications. You agree to receive alerts about your Account activity, balances on your Account, payments, suspicious activities, and other matters involving your use of the Service through push notifications to your Device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. Figure is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content, or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your Account or use of the Service. Figure may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your Device.

(d) Email. We may send you emails concerning the Service and our other products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

(e) Digital Services and Communications.. Figure offers an interactive online chat service (“Chat”) to enhance your experience. This service may involve interactions with a bot, chatbot, virtual assistant, or other AI-based tools (each, a “Chatbot”). These Chatbots assist with inquiries, provide information, and offer recommendations. While we strive for accuracy, certain complex issues may require human intervention.

Please note that the Chat service is provided for your convenience and may not be available at all times or be free from errors. Chats are monitored and retained, and any personal information shared will be subject to our Privacy Policies in compliance with applicable law. The use of the Chat service does not constitute consent for the use of electronic records and signatures as a substitute for written documents.

Users under the age of 13 are not permitted to use the Chat service and must leave the site if invited. Additionally, you agree not to use the Chat service to send any abusive, defamatory, dishonest, or obscene messages, which may result in the termination of your Chat session.

We are committed to transparency and will disclose the use of Chatbots as required by applicable law. By using the Chat service, you acknowledge and accept these terms and our efforts to ensure your privacy and security in compliance with relevant regulations.

Please do not submit sensitive personal identifiers or information such as Social Security numbers, financial account information, or any other confidential data through the Chat service.

4. Your Obligations

(a) Compliance with Laws. You agree that you will not use the Service in any unlawful manner or for any unlawful purpose. You may not use or otherwise export or re-export the Service except as authorized by U.S law. Figure does not represent that the Service is appropriate or available for use in any geographical location. Any entity choosing to use the Service is solely responsible for compliance with all applicable laws. The Service is subject to U.S. export controls and may not be downloaded, exported, or re-exported: (i) into (or to a national or resident of) Burma (Myanmar), Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country with respect to which the U.S. government maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1) (collectively, “U.S. Prohibited Party Lists”). By downloading and/or using the Service, you represent and warrant to Figure that you are not: (A) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or that has otherwise been designated by the U.S. government as a “terrorist supporting” country; or (B) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.

(b) Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO: (i) use the Service for any illegal purpose or in violation of any local, state, national, or international law; (ii) submit any materials in connection with the use of the Service that will violate or infringe upon the rights of any third party, or contain otherwise unlawful material; (iii) attempt to access or search the Service or Materials or download Materials from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software or search agents provided by Figure or other generally available third-party web browsers; (iv) interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; (v) interfere with the operation of the Service, including by uploading or otherwise disseminating any virus, adware, spyware, worm, Trojan Horse, disabling device, or other malicious code or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; (vi) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; (vii) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or (viii) attempt to do any of the acts described in this Section 4(b) or assist or permit any person in engaging in any of the acts described in this Section 4(b).

5. Modifications

(a) Modification of Terms. We may, from time to time, change these Terms on a going-forward basis. Please check these Terms periodically for changes. Figure may provide notice of modified terms by posting them on the Site, e-mailing you, providing you a notice through your Account, or through other methods of communication which we deem reasonable. 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 Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified terms, you should remove your Account and discontinue your use of the Service. Except as expressly permitted in this Section 5, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

(b) Modification of Service. Figure reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Figure will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Figure also reserves the right to make software updates to the Service and make those updates available to you. If Figure makes any software update to the Service available to you, you agree to install the update in order to continue using the Service. Any software update to the Service may be subject to additional terms and conditions made known to you at the time any such update is made available to you.

6. Term and Termination. These Terms will be effective upon the earlier of your acceptance of these Terms or use of the Service and will continue until terminated (the “Term”). If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Figure may, at its sole discretion, terminate these Terms or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your Account and these Terms at any time by contacting customer service at support@figure.com  Opens in a new window.. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay Figure any unpaid amount that was due prior to termination; and (d) Sections 2 and 7 through 10 will survive.
7. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend, indemnify, and hold harmless Figure, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively, the “Figure Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
8. Disclaimers and Limitations on Liability.

(a) DISCLAIMERS; NO WARRANTIES. YOUR POSSESSION, PERMITTED TRANSFER, AND USE OF ALL OR ANY PORTION OF THE SERVICE (INCLUDING YOUR ACCOUNT) IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND YOUR ACCOUNT ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIGURE AND ALL FIGURE ENTITIES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING: (I) WARRANTIES OF COMPANY ABILITY, QUALITY, ACCURACY, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE AND YOUR ACCOUNT; AND (II) WARRANTIES THAT THE SERVICE AND YOUR ACCOUNT, AND ANY DATA PROCESSED THROUGH OR USING THE SERVICE IS SECURE, ACCURATE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF ANY OF THESE EXCLUSIONS DO NOT APPLY TO YOU OR ARE VOID WITH RESPECT TO YOU UNDER ANY APPLICABLE LAW, THEN ANY WARRANTY THAT CANNOT BE EXCLUDED IS LIMITED TO THE SHORTER OF: (A) 90 DAYS FROM THE DATE OF FIRST DELIVERY OF THE SERVICE; AND (B) THE SHORTEST PERIOD PERMITTED UNDER APPLICABLE LAW.

NONE OF FIGURE, ANY OF ITS AFFILIATES, SUBSIDIARIES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS OR LICENSORS GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, SUITABILITY, AVAILABILITY OR USEFULNESS OF ANY OF THE SERVICES, FOR ANY PURPOSE, AND EACH OF THESE PERSONS DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES. NONE OF THE SERVICES CONSTITUTES AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITY OR TO PARTICIPATE IN ANY TRADING STRATEGY. THE SERVICES ARE NOT INTENDED TO BE RELIED UPON AS THE BASIS FOR ANY INVESTMENT DECISION. THE SERVICES ARE NOT TO BE CONSTRUED AS LEGAL, BUSINESS, OR TAX ADVICE, AND YOU SHOULD CONSULT YOUR OWN ATTORNEY, BUSINESS ADVISOR, AND/OR TAX ADVISOR IN ORDER TO MAKE AN INDEPENDENT DETERMINATION OF THE SUITABILITY AND LEGAL, BUSINESS, AND TAX CONSEQUENCES OF ANY ACTION. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. FIGURE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. FIGURE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE OR SERVICES ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR SERVICES.

(b) LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE: (A) FIGURE’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR UNDER THESE TERMS WILL NOT EXCEED US$100 IF YOU ARE A USER AND WILL NOT EXCEED THE GREATER OF $100 AND TOTAL FEES PAID TO FIGURE BY COMPANY IN THE LAST 12 MONTHS IF YOU ARE A COMPANY; AND (B) FIGURE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ANY FIGURE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, OR FOR ANY DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, DATA CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF PROFITS OR INVESTMENT. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.

9. Dispute Resolution; Agreement to Arbitrate.

(a) Generally. In the interest of resolving disputes between you and Figure in the most expedient and cost effective manner, and except as described in Section 9(b) and 9(d), you and Figure agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FIGURE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Despite the provisions of Section 9(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

(c) Opt-Out. If you are a User and do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 9 within 30 days after the date that you agree to these Terms by sending a letter to Figure Technology Solutions, Inc., Attention: Legal Department – Arbitration Opt-Out, P.O. Box 40534, Reno, NV 89504 that specifies: your full legal name, the email address associated with your Account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Figure receives your Opt-Out Notice, this Section 9 will be void and any action arising out of these Terms will be resolved as set forth in Section 10(b). The remaining provisions of these Terms will not be affected by your Opt-Out Notice. Only a User, and in no event a Company, may exercise this opt-out right.

(d) Arbitrator. Any arbitration between you and Figure will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org  Opens in a new window., by calling the AAA at +1-800-778-7879, or by contacting Figure. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(e) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Figure’s address for Notice of Arbitration is: Figure Technology Solutions, Inc., P.O. Box 40534, Reno, NV 89504. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Figure may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Figure must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.

(f) Fees. If you are a User and commence arbitration in accordance with these Terms, Figure will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Figure for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(g) No Class Actions. YOU AND FIGURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Figure agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(h) Modifications to this Arbitration Provision. If Figure makes any future change to this arbitration provision, other than a change to Figure’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Figure’s address for Notice of Arbitration, in which case your account with Figure will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

(i) Enforceability. If you are a User and Section 9(g) is found to be unenforceable or if you are a User or Company and the entirety of this Section 9 is found to be unenforceable, or if Figure receives an Opt-Out Notice from you as a User, then the entirety of this Section 9 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 10(b) will govern any action arising out of or related to these Terms.

10. Miscellaneous

(a) General Terms. These Terms, including any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Figure regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

(b) Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Figure submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

(c) Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries must be sent to Figure Technology Solutions, Inc., Attn: Complaints, P.O. Box 40534, Reno, NV 89504. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

(d) Confidentiality. Please be aware that the Services may permit you to access sensitive and confidential information (“Confidential Information”) regarding Figure and its affiliates and their respective clients or customers (“Disclosing Party”), and such information may be subject to existing confidentiality obligations between you and the Disclosing Party, including, by way of example, a written non-disclosure agreement or employee confidentiality agreement (an “NDA”). Nothing in these Terms provides you a right to disclose, or provide access to, any Confidential Information to any third party in violation of your NDA. The Services and its related information is the confidential information of Figure. You will not disclose any features of, or information pertaining to, the Services to any third party without the prior written approval of Figure, except that you will not be liable for the disclosure of any information which is: (a) in the public domain other than by a breach of these Terms by you; (b) rightfully received from a third party without any obligation of confidentiality; (c) rightfully known to you without any limitation on use or disclosure prior to its receipt from Figure; or (d) generally made available to third parties by Figure without restriction on disclosure. You will immediately notify, and cooperate fully with Figure in the event you discover or suspect any unauthorized use of or access to the Services and/or Confidential Information.

(e) No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

(f) International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. The Site is hosted in the United States. If you are accessing this Site from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Site or Service, you may transfer certain personal information to the United States. To the extent permitted by applicable law, your use of the Site or Service shall constitute your consent to the transfer of personal information to the United States and the applicability of United States law. Please visit www.figure.com/privacy/ for additional information.

(g) Notice Regarding Apple. This Section 10(h) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Figure only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (A) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.

Appendix A: Incorporated Agreements

In addition to the General Terms described above, the following agreements, policies, or notices (the “Incorporated Agreements”) are incorporated into the Terms as follows. Capitalized terms used in these Incorporated Agreements and not otherwise defined have the meanings given to them in the General Terms of Service. If any provision of these Incorporated Agreements conflicts with the General Terms, then the provision in the Incorporated Agreements governs.

1. Electronic Communications Policy

By accepting these Terms or using the Site or any Service, you consent to electronic communications as described in the Electronic Communications Policy, which is incorporated into this Agreement by this reference.

1. Privacy Policy

Your use of the Site and the Service is subject to the Privacy Policy, which is incorporated by this reference into, and made a part of, these Terms. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information.

Appendix B: Additional Services and Additional Terms

The following services (“Additional Services”) may be made available to users of the Service that fulfill certain eligibility criteria and that create an Additional Service-specific Account. In addition to the other applicable provisions of the General Terms of Service, the below provisions applicable to each of the Additional Services (the “Additional Terms”) apply to your use of such Additional Service.

Capitalized terms used in these Additional Terms and not otherwise defined have the meanings given to them in the General Terms of Service. If any provision of these Additional Terms conflicts with the General Terms, then the provision in the Additional Terms governs. If you do not use any Additional Services, then this Appendix does not apply to you.

1. LOAN PRODUCT SERVICES
2. Loan Product Services Overview.

(a) Provision of the Service. The lending product and account services (“Loan Product Services”) available through the Service allow you to provide information that Figure Lending LLC (“Figure Lending”) uses to process applications for financial products, such as home equity lines of credit, personal loans, and mortgage refinancing products (collectively, “Loans”). Figure Lending will review the information you provide in connection with any Loan application, provide you with information regarding the terms of Loans (if available), and facilitate the closing of your Loan.

(b) Additional Contractual Terms. Your use of the Lending Product Services may also be subject to the terms of a subscription agreement between Figure and you (the “Lending Subscription Agreement”). To the extent that the Lending Subscription Agreement expressly supersedes these Loan Product Services Additional Terms or the General Terms of Service, or sets forth conflicting terms and conditions regarding authorized end users’ access and use of Loan Product Services, then the terms and conditions of the Lending Subscription Agreement will control.

2. Accuracy of Information. When providing information 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 use of the Loan Product Services.
3. ADDITIONAL DISCLAIMERS.

(a) (a) WITHOUT LIMITING THE DISCLAIMERS SET FORTH IN SECTION 8 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.

(b) 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. THE LOAN TERMS YOU RECEIVE MAY BE DIFFERENT.