Terms of Service

Last Revised April 1, 2022

This Terms of Use Agreement (this “Agreement”) sets forth the terms and conditions that apply to your use of the online functions, products and services made available to you by CommonBond, Inc. and any and all of its subsidiaries and affiliates.

You can access CommonBond products and services through the CommonBond website. CommonBond may maintain phone, email, and additional websites that allow you to access CommonBond products and services. All of these channels are referred to collectively in this Agreement as the “Site”. This Agreement should be read carefully before accessing or using this Site and products and services.

We use the name “CommonBond” to refer to any and all of the companies owned by or affiliated with CommonBond, Inc. CommonBond may add new operating companies from time to time to offer additional products and services.

To use the CommonBond Site and to obtain any CommonBond products or services, you must agree to CommonBond’s Consent to Electronic Communications (ESign Consent), which means your acceptance of this Agreement and all other agreements with CommonBond, are effective and binding just as if you had signed the document with pen and ink, and you agree all communication with you related to CommonBond and any CommonBond product or service may be in electronic form.

You may only accept this Agreement and use the CommonBond Site if you are legally authorized to accept and be bound by these terms and of a legal age to enter this Agreement. By accessing or using this Site, you agree to be bound by this Agreement, and, if applicable, such other terms of use agreements that may be necessary for CommonBond to provide you access to certain products and services. If you do not consent to these terms, please do not use this Site or the materials contained therein. By accepting this Agreement, you also agree to our Privacy Policy, which also governs your visit to our Site and is incorporated by reference into this Agreement. CommonBond provides the information and services on this Site to you, the user, conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices. If you do not wish to be bound by these terms, you may not access or use this Site.

If you have questions or comments about this Agreement, please email us at info@commonbond.co or call us at 800.975.7812.

General Terms and Conditions

USA Patriot Act Notice

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.

Changes to this Agreement

CommonBond may change this Agreement from time to time by posting a current version on the Site without delivering any notice to you, unless required to do so by law. Please review the current version of this Agreement, as indicated by the Last Revised date, on the CommonBond Site from time to time, because your continued access or use of the Site shall be deemed your acceptance of the Agreement in place at that time.

Additional Product or Account Agreements

To obtain certain CommonBond products and services you might be required to enter into additional agreements with CommonBond. You will be subject to this Agreement and any other account agreements you enter with CommonBond.

Use of the CommonBond Site

Conducting financial transactions through online services such as CommonBond has inherent risks and is susceptible to interruption. By use of the Site, you agree to the following and accept the following risks:

  • Online information transmission can be disrupted. You accept the risk the CommonBond Site could be affected by technical difficulties that impair your ability to obtain, view, or deliver information or execute transactions, including time sensitive transactions such as cash management.

  • When you create an account, you agree to use a username with a password that is complex, secure, and private. You agree to protect your log-in credentials. You agree to accept the risk of unauthorized access, beyond any protections you may have by law, and use of your account if your credentials are guessed, stolen, intercepted, or if CommonBond’s system is breached or used without proper authorization. You agree to immediately notify CommonBond at info@commonbond.co of any unauthorized use of your password or username or any other breach or attempted breach of security. If a password is compromised, lost or stolen, it is your responsibility to change the password, and immediately notify CommonBond, so that your account remains secure and functional.

  • CommonBond’s obligation is to use reasonable information security measures, and you acknowledge and agree that CommonBond’s systems are not 100% secure against every possible attack.

Privacy

CommonBond collects information about you through your use of the Site. By using the Site, you agree that CommonBond may retain and use information collected through your use of the Site and share it according to CommonBond’s Online Privacy Policy and Online Privacy Policy for California Residents (if applicable). You may view these documents through the links in this section or on the Site at the Privacy Policy page, which are incorporated by reference into this Agreement, for the details of our commitment to your privacy. This Agreement does not limit the application of the CommonBond Privacy Policy or Privacy Notice.

Contact Methods and Opt-Outs

You agree that we and any of our affiliates, agents, service providers or assignees may call you, leave you a voice, prerecorded, or artificial voice message, or send you a text, email, or other electronic message for any purpose related to our products and services, or surveys or research (each a "Communication") to any telephone number (including cellular telephone number) and any email address you provide now or in the future. You also agree that we and any of our affiliates, agents, service providers or assignees may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your service provider may. In addition, you understand and agree we and any of our affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.

In the event you no longer want to receive communications from CommonBond, you can opt-out of various contact methods by calling 800.975.7812 or responding to the electronic opt-out/unsubscribe included with applicable communications. We will attempt to address your request immediately, but it may take up to 10 business days for us to process an opt-out request. Please note that, to the extent permitted by law, we may still need to contact you for legitimate business reasons such as servicing of your account or other non-marketing purposes.

Limitation of Liability

OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, IN NO EVENT SHALL COMMONBOND, ITS AGENTS OR EMPLOYEES, HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR THE COST OF SUBSTITUTE GOODS OR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY OR CLAIMS OF THIRD PARTIES) ARISING IN ANY MANNER IN CONNECTION HEREWITH, OR OUT OF THIS AGREEMENT, THE PERFORMANCE OR BREACH HEREOF OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, WHETHER BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT PRODUCT LIABILITY, INFRINGEMENT, GOVERNMENT AGENCY FINES OR ENFORCEMENT ACTIONS OR OTHERWISE, AND WHETHER OR NOT COMMONBOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Modification and Termination of Services

CommonBond may, at our sole discretion, suspend, cancel, or terminate your use of the Site and any product or service if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm CommonBond or its reputation. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site.

Site Changes

CommonBond may change or modify or discontinue the Site, or any features or functions on the Site, for any reason, at our sole discretion, without notice to you.

The Site may contain links to other websites operated by unaffiliated third parties. The links are provided to you only as a reference. We are not responsible for the content, products, or services on or available from these websites or resources or links displayed on such websites. As with all websites and all services, you should review their products and services carefully. Never give private information to any party or website or person that you have not completely investigated and established credibility. CommonBond is not responsible for the use of the information that you provide any third parties.

Indemnification

You and any business or third party subject to this Agreement through your use shall indemnify, defend and hold harmless CommonBond and its officers, agents and employees from and against any claims, demands or causes of action (a) alleging infringement of any third party intellectual property rights based on (i) your use of the Site, (ii) the use of any other software or hardware that is used in conjunction with the Site, (iii) the unauthorized use of the Site, or (iv) use of the Site not in conformance with the specifications or the requirements of this Agreement, (b) based on the unauthorized use of the Site by you, or (c) based on or resulting from a breach of any provision of this Agreement by you. These obligations will survive any termination of this Agreement.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to its principles of conflicts or choice of law. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.

Compliance with Applicable Law

You agree to abide by all applicable local,state, national, and international laws and regulations in your use of theSite. The Site is available only to individuals who are permitted to use itunder applicable law. The Site is made available only for personal,non-commercial use and display by United States residents legally capable ofentering commercial agreements. If you do not qualify, do not use the Site. Youagree to comply with all applicable laws, rules, and regulations regarding theexport of technical data from the United States. You agree:

  • You are solely responsible for your actions and the contents of your transmissions through the Site.

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your identify or affiliation with a person or entity.

  • You possess the legal right and ability to enter into this Agreement and to use the Site. Unauthorized use of the Site, including but not limited to unauthorized entry into CommonBond’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

Disclaimer of Warranties

Other than as specifically set forth herein, the Services is provided “AS IS” and “WITH ALL FAULTS” and without warranty of any kind. You agree that the use of the Services is at your risk.

COMMONBOND MAKES NO WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, OPERATION OF THE SERVICES, OR OUTPUT OF OR RESULTS OBTAINED FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY, COMPLIANCE WITH APPLICABLE LAW OR NON-INFRINGEMENT AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY COMMONBOND AND WAIVED BY YOU.

Disputes

THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR SELF HOSTED SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT.

Any and all disputes arising under this Agreement shall only be resolved by courts located in the State of New York and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with this Agreement.

In the event of any dispute arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

Disputes concerning agreements made separately with non-affiliated third parties will be governed by and subject to the terms you agree upon with the non-affiliated third party, including parties identified in the Specific Additional Terms and Conditions below.

Proprietary Rights

CommonBond owns the copyright in all the information and material contained on the Site. The contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software, and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. The contents belong to CommonBond or to others as indicated. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site, or use of or access to the Site, or any information or technology obtained from the Site, including, but not limited to, CommonBond’s trademarks.

Provisions: Enforceability and Survival

Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

The failure of either party to enforce any term or condition of this Agreement shall not constitute a waiver of either party's right to enforce each and every term and condition of the Agreement. No breach under this Agreement shall be deemed waived or excused by either party unless such waiver or consent is in writing signed by the party granting such waiver or consent. The waiver by or consent of a party to a breach of any provision of this Agreement shall not operate or be construed as a waiver of or consent to any other or subsequent breach by such other party.

The parties agree that this Agreement states the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and representations of the parties, oral or written.  Except as expressly set forth herein, in the event of a conflict between this Agreement and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern. The Agreement shall be binding upon and inure to the benefit of the parties' authorized successors, legal representatives, and authorized assigns.

Specific Additional Terms and Conditions

This Agreement includes both the General Terms and Conditions above and additional product specific Terms and Conditions below. If you use any of the following products or services, the terms below apply to you in addition to the General Terms and Conditions above.  For questions, concerns, or complaints about any product or service you may call us at 800.975.7812 or email care@commonbond.co.

User Generated Content

The Site include features which allow you to submit content that others can access. You retain any rights you hold in content that you submit. All content submitted to the Site is the sole responsibility of the user who submitted the content.  By submitting content to the Site, you give CommonBond and its affiliates a worldwide and royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This license continues indefinitely beyond any termination of this Agreement for any reason by any party.

You acknowledge that when you leave a customer review, whether through CommonBond (such as through a survey) or not (such as through an app store review), you consent to our use of your review for marketing purposes.

CommonBond does not screen, review or actively monitor any content submitted to the Site by users, and is not responsible for the accuracy or truthfulness of any user- submitted content.

CommonBond Evaluation

CommonBond offers a student loan assessment service known as CommonBond Evaluation, available through participating employers. Through this service, you enter certain personal information and receive student loan repayment information based on your financial situation and loan portfolio. Through this service, CommonBond is not attempting to make or broker loans in jurisdictions where it is not authorized to do so. CommonBond expressly reserves the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Site at any time, without prior notice. The data and other information you may provide CommonBond through CommonBond Evaluation is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. The rates and fees provided by CommonBond Evaluation are estimates and the rates actually provided by CommonBond may be higher or lower depending on your complete credit profile and income/asset considerations, including but not limited to loan to value and debt to income ratios.

CommonBond Contribution

CommonBond also offers two types of Contribution services: Student Loan Contribution and Retirement Contribution whereby employers may make certain contributions to their employees’ existing student loans and/or company-sponsored retirement plan. Through this service, CommonBond obtains, through your authorization, certain personal information about you from you, your employer or your credit report. Through this service, CommonBond is not attempting to make or broker loans in jurisdictions where it is not authorized to do so. CommonBond expressly reserves the right to discontinue, suspend or terminate the offering of any product in any specific state through the Site at any time, without prior notice. The data and other information you may provide CommonBond through CommonBond Contribution is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept.

CommonBond Private Student Loans

CommonBond may offer private student loans to finance undergraduate and post-graduate education and expenses certified by qualifying schools. CommonBond offers loans to refinance existing federal or private student loans.  All student loans are governed by these Terms, our Privacy Policy, and the applicable loan program application, approval, and final disclosures and promissory note.

Student loans are serviced by FirstMark, a wholly owned subsidiary of NelNet.

CommonBond Solar Loan Program

CommonBond offers solar lending to finance the installation of solar panels and power generation equipment at single-family residences. Solar equipment purchased and installations are completed by CommonBond-approved non-affiliate third-party installers. You may complete the solar loan application either on the Site or via an API-based connection with an installer’s application. Solar loan proceeds are released directly to the installer.

CommonBond does not warrant the materials purchased or the installation of such materials, and all terms of purchase and installation are governed by your agreement with the third-party non-affiliated installer.

Solar loans are governed by these Terms, our Privacy Policy, and the applicable loan program disclosures and promissory note.