loMsy Terms of Use
Thank you for visiting this website, which is owned and operated by Fraternitas LLC, dba loMsy (“loMsy” of “us”). By accessing and using the site, you accept and agree, without limitation, to the following terms and conditions (“Terms and Conditions”).
We are committed to transparency at every moment to ensure that our customers have access to all the relevant information to make responsible borrowing decisions.
Last Updated: November 1st, 2018
Introduction
We publish our Terms and Conditions for everyone interested at any time. These Terms and Conditions constitute a legal contract between you and loMsy, which includes all of its subsidiaries and all of their affiliates, including Fraternitas LLC, dba loMsy.
If you do not agree with each of these Terms and Conditions, you are not granted permission to use the Site and must exit this Site immediately. "Site" means and includes any and all websites maintained by Fraternitas LLC, dba loMsy, and all of its subsidiaries and/or affiliates. The terms "we," "us," or "our" mean and include any and all entities of Fraternitas LLC. The term "you" refers to you as an individual person.
1. ELEGIBILITY AND CONSENT
In connection with Your loMsy product, we may need or want to contact You from time to time in connection with your account or any product or service for which you have begun or completed the application process. By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
By registering for a loMsy account or beginning an application on our Site for any product or service, you are consenting to be contacted by us by written notices, email messages, text application on our Site for any product or service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your loMsy account, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access.
Where allowed by Federal and State Law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.
The products and services offered through our site are not available to persons under the age of 18. By clicking any button or by accessing, browsing or otherwise using the loMsy website you represent and warrant to us that you are at least 18 years of age.
2. YOUR USE OF THIS SITE
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of loMsy web sites and systems including but not limited to unauthorized entry into loMsy systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by loMsy and/or its affiliates.
Links to other internet websites sponsored or provided by third parties are provided for informational and convenience purposes only. We do not control the content in any linked website and we are not responsible for it.
If you visit a link to another website, you do so at your own risk subject to the conditions of use set by that website. We reserve the right to terminate a link to another website at any time. The fact that we provide a link to a website does not necessarily mean we endorse, authorize or sponsor that site, or that we are affiliated with the site's owners or sponsors.
You may not link to this Site without our express written permission. If you wish to link to this Site, please contact us using the Contact and Notification Information at the end of these Terms and Conditions.
3. INTELLECTUAL PROPERTY
The loMsy Website, the content, any materials downloaded, and all intellectual property pertaining to or contained on our Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by loMsy or third parties; all right, title and interest therein shall remain the property of loMsy and/or such third party owner, as applicable. All content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized solely to view and retain a copy of the pages of the site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with loMsy. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on internet websites, or in any way distribute or exploit this Site, or any portion of the Site for any public or commercial use without the express written consent of loMsy.
Additionally, you agree that you (i) will not remove or alter any author, trademark or other proprietary notice or legend displayed on this Site (or printed pages produced from this Site), and (ii) will not make any other modifications to any documents obtained from this Site other than in connection with completing information required to transact business with loMsy.
4. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
We make the attempt to provide accurate and timely information on loMsy Websites. However, there may be inadvertent, factual, typographical, or technical errors, as well as certain aspects of web usage, email, your computer, and your connection to the internet which we cannot control. Therefore, we make no representation that the operation of this site will be uninterrupted or free of errors, and we will not be liable for any interruptions or errors or loss. For these reasons we cannot warrant the accuracy, completeness or timeliness of the information, text, graphics, links or other items on this Site or the privacy of responses to you via e-mail.
In no event will loMsy be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
The information and these materials contained in this site, including text, graphics, links or other items are provided "as is", "as available". loMsy does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in them. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
5. PRIVACY
You hereby authorize us to collect aggregate, non-personally identifiable, information about your use of this Site. You also authorize us to use personally identifiable information that you send us to provide any service that you request.
loMsy has made a commitment to protecting the privacy of those who visit our site and access the products and services available therein. loMsy Privacy Policies are hereby incorporated herein by reference.
6. MINORS
No person under the age of 18 may use loMsy Websites. We do not knowingly solicit business by minors or children and request that any person under the age of 18 have their parent or responsible adult contact us. If you are under age 18 please leave this Site immediately. You agree to report all information you have about any person under 18 who uses this Site to us immediately using the Contact Information below.
7. LAW AND VENUE
Use of this site shall be governed by all applicable federal and state laws. loMsy’s corporate offices are located in the state of Texas. The Harris County Court has general jurisdiction and will be the exclusive venue for litigating disputes arising out of these Terms and Conditions.
8. USERS OUTSIDE OF THE UNITED STATES
loMsy products are only available in some states in the United States. You may not use or export or re-export any portion of this website in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
loMsy makes no representation that the documents, pages, images or other materials or content on this site are appropriate or available for use in jurisdictions outside the United States.
9. MODIFICATIONS
We reserve the right, at our sole discretion, to update or revise these Terms. You agree to accept notice of any changes and you agree to any changes to these Terms of Use by the posting of a modified Terms of Use on this Site. Please check these Terms and Conditions regularly for changes or modifications. You may contact us using the contact information located in the last section of these Terms, at the end of this Terms and Conditions.
10. TERMINATION OF SERVICE
We reserve the right in our sole discretion to terminate, restrict, or suspend this Site, service, access or information for you at any time for any reason without prior notice or liability.
11. CONTACT
You may contact us using the following information (281) 501-0698 or Fraternitas LLC, 4299 San Felipe Street Suite 135, 77027 Houston, Texas.
© 2019 Fraternitas LLC. All rights are reserved worldwide. No portion of this site may be copied or reproduced in any medium or in any manner other than stated herein without the written permission of Fraternitas LLC.
loMsy PRIVACY POLICY
Effective Date: November 1st, 2018
This Internet Privacy Policy describes our practices regarding personally identifiable information (“PII”) that may be collected during visits to all websites maintained by Fraternitas LLC, dba loMsy (“loMsy”, “we”, or us).
loMsy is a financial services company that respects your privacy, and we are committed to protect your PII that may be collected when you use our website or in applying for or receiving any product or service from us (“Services”).
By using our Site or Services, you agree to our collection, use, and sharing of your PII as described in this policy.
Information we collect
We and our services providers collect all PII that you provide when using our Services, including contact information such as name, email address, phone number, username, among other.
We may request additional PII that is necessary to process any application submitted by you and additional PII to verify your identity, for security-related purposes or other administrative purposes. This information may be supplemented by third-party sources, such as consumer report information.
We also collect information about your use of our Services regarding account and transaction information, such as payment information and bank account information, as well as tokens from online services and payment systems.
Use and share of information
All the information we collect is used for the following:
● To process transactions: We use PII to provide our Services, including to consider loan applications, make loans, and process payments.
● To communicate with you: We use PII to communicate with you about our Site and Services. This may include payment reminders, information that you have requested, or notification of important changes to our Site and Services. We may also use your PII to provide you support on current services you may have or other services you may have ordered.
● For marketing purposes: We may send you information about products and services that we believe will be of interest to you. During any such communication, we will provide you with an “opt out” option.
● For specific purposes: You may be asked to provide information for a specific purpose, for instance referral programs, if any. We will only use the information that you provide for the purpose for which you provided it to us.
● For site maintenance: We analyze the interactions between our users and our Site to maintain and improve our Site and Services, as well as to diagnose any problems with our Site or Services to improve the user experience.
● For testimonial purposes:
If you choose to consent and tell us your story, we may post such testimonial on our Site along with your name and any other PII that you choose to disclose. You may revoke such consent at any time by calling (281) 501-0698.
We reserve the right to share information with third parties, as described below:
● To service providers: We may share information with service providers that help us perform functions and process your transactions.
● To prevent illegal activities: We may share information if we believe it is necessary to detect, investigate, prevent, or act against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
● If required by law: We will share information whenever we are legally required to do so, such as in response to court orders or legal process, to establish, protect, or exercise our legal rights, to defend against legal claims or demands, or to comply with requirements of mandatory applicable law.
● Affiliates and other companies: We may share information with a parent company, subsidiaries or other companies under common control with us. We may share information with other companies for purposes of marketing our products to you or for analyzing our business and transactions.
● Corporate Structure: We may share information in connection with a merger, acquisition, consolidation, change of control, or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation.
GENERAL AGGREGATE INFORMATION
We may also aggregate certain information derived from your PII to calculate statistical or aggregated information that does not directly identify a specific person.
INFORMATION ABOUT CHILDREN
We do not knowingly collect, maintain, or use personal information from our Site about children under the age 13. We request that persons under the age of 18 not use our Site without supervision from a responsible adult. If we become aware that a child under 13 has opened an account or provided us with PII, we take steps to erase said account and PII.
Security
We use reasonable physical, electronic, and procedural safeguards to protect and limit access to all PII. These measures include computer safeguards and secured files and offices. We only authorize our employees to access your information for work-related purposes, and we require companies we work with to protect your information.
Please note that information you send to us electronically may not be secure when it is transmitted to us through other third parties. We recommend that you do not use unsecure channels to communicate any PII to us.
Accuracy of collected information
Keeping your account information accurate and up to date is very important. If you ever have questions or issues with the accuracy of your personally identifiable information, please contact us at “hello@lomsy.com”, or at (281) 501-0698. We will promptly investigate your concerns and update our records as needed.
We request that you keep your information as up to date as possible so that you may get the maximum benefit from us. Please make sure that you inform us of e-mail address changes since this is the most rapid way to communicate.
Third-party websites
At our discretion, we may include or offer links to third party Internet websites, banner ads or advertisements for the convenience of users in locating information, products and services that may be of interest. If you use those linked Internet websites or advertisements, you may leave this Site and go to websites that we do not control.
These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
This Internet Privacy Policy is for customers and visitors, it only applies to our Site(s) and not to any linked site or any site provided by a third party.
Updates to this Internet Privacy Policy
We may change this Internet Privacy Policy from time to time. When we do, we will let you know by posting the revised version on this page with a new “Effective Date.” Any changes to this Internet Privacy Policy will become effective when posted unless otherwise indicated.
Contact
loMsy
4299 San Felipe St Suite 135
Houston, TX 77027
(281) 501-0698
Credit Profile Authorization
As part of your application with Fraternitas LLC, dba loMsy (“loMsy”), we ask for your authorization to pull your credit report from one or more credit reporting agencies. By applying for a loan with loMsy and clicking on the corresponding disclosure, you understand you are providing written instructions to loMsy to obtain information from your personal credit profile or other information from one or more consumer reporting agencies, in compliance under the Fair Credit Reporting Act.
You authorize loMsy to verify the accuracy of information in your application, to contact third parties to verify said information, to authenticate your identity, to make credit decisions, to administer any lawful transactions associated with your loan related instruments and Note(s), including assignment of your loans, and for related purposes.
You authorize loMsy to obtain consumer reports each time you request a loan, during the processing or closing of a loan to you, and at times during the term of your loan in connection with the servicing, monitoring, collection or enforcement of the loan or the resale or potential resale of any note associated with the loan.
You acknowledge that loMsy may report information about your loan to one or more credit reporting agencies. loMsy agrees that any information furnished and reported will be accurate. You understand that the credit pulls and reporting on the loans you have with loMsy can affect your credit score with one or more credit reporting agencies.
