Upstart Network, Inc.
220 Park Rd, Suite 500, Burlingame, CA 94010
P.O. Box 1503, San Carlos, CA 94070
1-909-438-8778
support@upstart.com
NMLS #936133
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Agreement Provisions
Additional Terms and Conditions
1. Use of Proceeds
The Borrower agrees to use the loan proceeds solely for the purpose stated in the loan application. The Lender reserves the right to verify the use of proceeds and may require documentation demonstrating compliance with this provision.
2. Prepayment
The Borrower may prepay this loan in whole or in part at any time without penalty. Any prepayment will be applied first to accrued interest and then to principal. The Borrower will receive a refund of any unearned finance charge calculated in accordance with applicable law.
3. Late Payment Charges
If a payment is not received within 10 days of its due date, the Borrower agrees to pay a late charge of the greater of $10.00 or 5% of the unpaid amount of the payment. This charge is imposed for the purpose of defraying the expenses incidental to handling such delinquent payments.
4. Default and Acceleration
The Lender may declare the entire unpaid balance of this loan immediately due and payable upon the occurrence of any of the following events of default: (a) failure to make any payment when due, (b) the Borrower's insolvency or bankruptcy filing, (c) the Borrower's misrepresentation or fraud in obtaining this loan, or (d) the Borrower's death or incapacity.
5. Collection Costs and Attorney's Fees
In the event of default, the Borrower agrees to pay all reasonable costs of collection, including but not limited to court costs, collection agency fees, and reasonable attorney's fees incurred by the Lender in enforcing its rights under this Agreement.
6. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. The Borrower agrees that any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York.
7. Waiver
The Lender's failure to exercise any right or remedy under this Agreement shall not constitute a waiver of any such right or remedy. No waiver shall be effective unless in writing and signed by both parties.
8. Assignment
The Lender may assign or transfer this Agreement and the Borrower's obligations hereunder to any third party without the Borrower's prior consent. The Borrower shall not assign or transfer any rights or obligations under this Agreement without the Lender's prior written consent.
9. Electronic Communications Consent
The Borrower consents to receive all communications, notices, and disclosures from the Lender in electronic form, including via email and through the Lender's website. The Borrower acknowledges that the Borrower has the hardware and software necessary to access and retain electronic communications. The Borrower may withdraw this consent at any time, subject to applicable law and the Lender's policies.
10. Data Privacy and Security
The Lender shall protect the privacy and security of the Borrower's personal information in accordance with applicable laws and the Lender's Privacy Policy. The Borrower acknowledges that the Lender may share information with third parties as necessary to service this loan and as permitted by law.
11. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or governmental actions.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and representations, whether written or oral.
13. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. The parties agree to negotiate in good faith to replace any invalid provision with a valid provision that most closely approximates the economic intent of the invalid provision.
14. Acknowledgment
The Borrower acknowledges that the Borrower has read, understood, and agreed to all terms and conditions set forth in this Agreement. The Borrower further acknowledges that the Borrower has received a copy of this Agreement and the Truth in Lending disclosures required by applicable law.
15. Electronic Signature
The Borrower acknowledges that this Agreement has been electronically signed and agrees that such electronic signature has the same legal effect and validity as a handwritten signature. The Borrower further agrees that this Agreement may be enforced as an electronically signed document to the fullest extent permitted by law.
Customer Signature
Authorized Signature
Official Stamp
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