Website Terms of Use

These terms of use ("**Terms of Use**") are provided on behalf of Upstart Network, Inc. and its affiliates ("**Upstart**", "**we**", "**us**", "**our**"). By using https://thebankforme.upstart.com including any sub-domain thereof (the "Site"), you signify that you have read, understand and agree to be bound by these Terms of Use, regardless of whether you are a registered member of the Service. Please read them very carefully. If you do not wish to be bound by these terms of use, you should not access or use the Site. In addition to these Terms of Use, you may enter into other agreements with Four Corners Community Bank offering loans (“**Four Corners Community Bank**”) via the Site that will govern your use of the products and services offered on the Site. If there is any contradiction between these Terms of Use and another agreement you enter into that is applicable to a product or service offered on the Site **then the other agreement will take precedence** as it applies to the product or service. **Eligibility**
This Site is intended solely for users who are 18 years of age or older, and any registration or use of the Site by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Site, you represent you are 18 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration, and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site and the products and services available through it. **Privacy**
The Upstart Privacy Policy and Four Corners Community Bank’s Privacy Policy explains how the personal information you provide on this website is used and protected by Upstart and Four Corners Community Bank when you use the Site. **Your Account**
When you successfully register with us you will be required to create an account on the Site that uses your email address as your username and you must pick a password. You may not disclose your username or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You will be required to login in order to use certain parts of the Site. **Restrictions on Use**
You agree to abide by all applicable laws and regulations in your use of the Site and the products and services available through our site. In addition, you agree that you will not do any of the following: - Register for more than one account (unless the additional account is for purposes of applying for additional products or services), or register for an account on behalf of an individual other than yourself or on behalf of any group or entity; - Submit content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type; - Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; - Use the Site or our products and services in any manner that could damage, disable, overburden or impair the Site; or - Submit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
**Copyright Complaints**
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at support@upstart.com, or via regular mail at Upstart Network, Inc., PO Box 1503, San Carlos, CA 94070. In your notification please: - confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed; - identify the copyrighted work or works you claim has been infringed; - identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material; - provide your contact details, including an email address; and - provide a statement that the information you have provided is accurate and that you have 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.
**Changes and Modifications**
We reserve the right to temporarily or permanently modify or discontinue the Site, or any portion of the Site, for any reason, without notice to you. We may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use. **Links**
We are not responsible for the information practices employed by sites linked to or from our website. In most cases, links to third party websites other than a Four Corners Community Bank’s website are provided solely as pointers to information on topics that may be useful to our users. Since third party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information. **No Warranty; Errors**
The Site and the products and services are provided "as is" and without any representation or warranty, whether express, implied or statutory. Upstart, our officers, directors, agents, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted or secure access to the Site nor any of the products and services available through it, and the operation of the Site may be interfered with by numerous factors outside of our control. We cannot guarantee and do not promise any specific results from use of the Site and/or the products and services available through it. Calculators and tools on the Site provide you with estimates that may be different than actual amounts. We are not responsible for the conduct, whether online or offline, of any user of the Site or the products or services available through it.
You agree that we on behalf of Four Corners Community Bank may promptly correct any error that we discover, including any error in calculating your loan rates. If the error results in your receipt of an incorrect interest rate, APR or origination fee, Four Corners Community Bank will notify you and provide you with the correct rate. You agree to provide any additional consents necessary to correct any errors that occur.
**Limitation of Liability**
You agree that all access and use of the Site and its contents and your use of the products and services on the Site is at your own risk. In no event shall we be held liable for any damages, including direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site, any linked site, any use thereof or inability to use by any party, your use of the products and services available on the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we or our representatives are advised of the possibility of such damages, losses or expenses.
**Intellectual Property**
You agree that https://thebankforme.upstart.com, Four Corners Community Bank’s names and all logos related to our products and services are our, Four Corners Community Bank’s and each of our or their licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. All right, title and interest in and to the Website, any content thereon, our products and services, the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property. **Disputes**

Contact Us First. If you have an issue with our services, or if a dispute arises between you and us, please contact us first. If we are unable to resolve your dispute, we will advise Four Corners Community Bank, regarding the dispute. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly.

**Notices**

You may contact us by emailing thebankforme.support@upstart.com, by calling (844) 302-2123 during our operating hours 6:00 AM PST to 5:00 PM PST, each Monday through Friday that are business days, or by writing via regular mail to Upstart Network, Inc., PO Box 1503, San Carlos, CA 94070. All communications given to you by email to your registered email address, or posted on the Site will be deemed to have been duly given and effective upon transmission or when they were posted. You acknowledge that communications from us may contain sensitive, confidential, and collections-related communications. If your information changes, such as your email address, your mailing address or your telephone number, you agree to notify us promptly of the change by logging into the Site and updating this information in your account profile, or by contacting us as described above.

**Miscellaneous**
These Terms of Use shall be governed in all respects by the laws of the State of California, without regard to its provisions relating to conflict of laws. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Effective Date: November 18, 2021. If you have questions or concerns regarding these terms, you should contact us by emailing us at thebankforme.support@upstart.com.