Terms of Service
These Terms of Service govern your use of Impact Capital Funds Inc.’s (“ICF”, “we”, “us”, or “our”) website as well as the products and services offered, operated, or made available by ICF. By using our website, including browsing our content and applying to refinance your student loan, you agree to be bound by these Terms of Service, and you acknowledge and agree that additional terms and conditions may govern products and services beyond the website.
We may edit or amend these Terms of Service from time to time. If you continue to use this site after we revise the Terms of Service, you agree to be bound by the updated Terms of Service. You should regularly review these Terms of Service for any changes or additions.
Our mission is to harness investor capital to alleviate student loan debt burdens by lowering interest rates for university alumni and their parents, to generate scholarships for financially under-resourced individuals, and to generate tax-advantaged returns for our investors. We reserve the right in our sole and absolute discretion to make changes to how we operate, including which products and services we provide and how we provide such products and services.
By using our website, you agree that:
- You are 18 years of age or older;
- Any information you provide to us is true and complete, and you will update it as needed; and
- You have the power and authority to enter into and perform your obligations under any loan or financing agreement that you accept.
Creating an account with false information, including accounts registered on behalf of others or persons under the age of 18, is a violation of our Terms of Service and will result in the termination of your access to ICF.
ICF originates and services qualified education loans. A qualified loan is a loan that a prospective borrower or borrower’s spouse took out under his or her name solely to pay qualified education expenses to attend a four-year or higher program at an accredited not-for-profit U.S. university. ICF works with other companies and providers (collectively “partners”), including Bank of Lake Mills as lender, NLA Advisors, Inc., as lender administrator, and Launch Servicing, LLC, as loan servicer, to provide education loan services. If you choose to apply to refinance your student loan through this website, you understand and agree that ICF will share your information, including your loan application, with these partners as appropriate. You also authorize ICF and its partners to obtain your consumer report information, including your credit score, and other relevant information about you from consumer reporting agencies and other third parties for the purposes of evaluating your loan application.
Even if you do not qualify for a loan or choose not to accept a loan through ICF, you acknowledge that our partners may keep your application and any other information provided by you directly or from ICF, as permitted or required by applicable law. ICF is not responsible for any communications that our partners make directly to you.
Any loan offers provided through our website may be subject to verification that you meet applicable credit standards. Actual loan terms, including any rates and fees provided, may vary depending on your credit profile and credit history, your debt-to-income ratio (that is, sufficient income after monthly expenses), your state of residence , and other relevant factors. You acknowledge that ICF does not guarantee that your loan will be financed at any specific terms and conditions, including any specific interest rate, or at all. ICF does not guarantee that any loan offers provided are the best available to every applicant.
When you apply through our website, you acknowledge that any loan offers may be limited to residents of those states where ICF is licensed (if licensing is required).
ICF uses third party software for automated loan origination and portfolio management. By applying through this website, you understand and agree that any information you provide (including personal data, as defined by relevant data protection laws) will be hosted and maintained by the software provider. The software provider will receive, store, duplicate, and process the data solely at our instruction as necessary to provide relevant services for or on behalf of ICF.
We or any of our partners may need to verify the information that you provide, or the information provided by third parties, including consumer reporting agencies. You consent to our use of third-party services to perform such verification. You also acknowledge that we may be unable to continue processing your loan application if you do not cooperate with us or any of our partners in providing any requested documents for verification.
Because we rely on the information you provide to us in your application, you acknowledge that you have a continuing obligation to amend or supplement your application as needed. You have the right to withdraw your application at any time, although we may retain your application and any other information you provide to us or that we obtain about you. You acknowledge that ICF is not responsible for any errors or delays if you provide us with incorrect or incomplete information or if there are technical problems beyond our control.
We, our partners, agents, service providers or anyone acting on our behalf may communicate with you from time to time.
If you provide us with your email address, you agree that we, our partners, agents, service providers, or anyone acting on our behalf may contact you by email to process your application, service your account, tell you about products and services from us or third parties and for other business purposes.
If you provide us with your telephone number, including a cell phone number, you also agree that we, our partners, agents, service providers, or anyone acting on our behalf may contact you for any purpose related to processing or evaluating your loan application, and if you have an account, for administering or servicing your account, by telephone call or text message at the number you provide, including calls or text messages using automated telephone dialing systems, and prerecorded or artificial voice messages. Although we will not charge you for such calls, texts, or messages , your phone service provider may.
ICF’S WEBSITE PROVIDES GENERAL INFORMATION AND CONTENT RELATED TO STUDENT LOANS AND EDUCATION FINANCING, IN ADDITION TO INFORMATION ABOUT REFINANCING A QUALIFIED EDUCATION LOAN THROUGH OUR SITE. WE PROVIDE SUCH CONTENT AND SERVICES “AS IS.” ICF IS NOT A CREDIT REPAIR ORGANIZATION, CREDIT COUNSELOR, FINANCIAL ADVISOR, OR ATTORNEY. WE DO NOT PROMISE THAT OUR SITE OR ITS CONTENT IS FREE OF ERRORS OR DEFECTS, OR THAT USE OF OUR SERVICES WILL PRODUCE ANY SPECIFIC RESULTS. OUR ADVICE AND CONTENT ARE INTENDED FOR A GENERAL AUDIENCE, AND AS SUCH ARE NOT TAILORED TO ANY INDIVIDUAL’S SPECIFIC FINANCIAL SITUATION. UNLESS OTHERWISE EXPRESSLY PROVIDED, USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING AS TO TITLE, CONDITIONS OF MERCHANTABILITY, COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY GUARANTIES, REPRESENTATIONS, AND OBLIGATIONS.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ICF OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY PROVIDERS BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATING TO THE WEBSITE OR OUR PRODUCTS OR SERVICES, INCLUDING DAMAGES FOR LOSS OF DATA, OR OTHER PECUNIARY LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
ADDITIONALLY, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ICF OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY PROVIDERS BE LIABLE TO YOU FOR ANY DAMAGES DUE TO ANY FAILURE TO PROVIDE (OR DELAY IN PROVIDING) ANY SERVICE, INCLUDING PROCESSING YOUR LOAN APPLICATION, NOR WILL ICF OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY PROVIDERS BE LIABLE TO YOU FOR ANY DAMAGES DUE TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THIS SITE. IN NO EVENT WILL ICF BE LIABLE FOR ANY DAMAGES ARISING FROM ANY ACTS OR OMISSIONS BY ANY OTHER PERSON OR COMPANY, INCLUDING OUR PARTNERS AND OTHER THIRD-PARTY PROVIDERS.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF ICF AND ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY PROVIDERS, AS APPLICABLE, FOR LOSSES, DAMAGES OR EXPENSES SHALL NOT EXCEED $500.
Limitations of Use
You agree to use this website and any of ICF’s products and services only for lawful purposes. You are prohibited from any use of the website, products, or services that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use, including but not limited to unauthorized entry into ICF’s systems, misuse of passwords, or misuse of any information, is strictly prohibited. ICF makes no claims concerning whether use of the website, products, or services is appropriate outside of the United States. If you access the site, products, or services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not: 1) attempt to reverse-engineer, disassemble, or decipher ICF's website or software, or that of its partners; 2) navigate or search the website with any tool, software, or other means (including bots, avatars, intelligent agents, or spiders); 3) use a means other than ICF’s provided interface to access the site; 4) use the website in a way that could impair, overburden, damage, or disable any portion of the site; or 5) mirror any material contained on the website.
ICF reserves the right to take various actions against you if we believe you have engaged in activities restricted by these Terms of Service or by laws or regulations. ICF also reserves the right to take action to protect ICF, other users, and other third parties from any liability, fees, fines, or penalties, including but not limited to: 1) updating information you have provided to us so that it is accurate; 2) limiting or completely closing your access to the website; 3) suspending or terminating your ability to use the website on an ongoing basis; 4) taking legal action against you; 5) holding you liable for the amount of ICF’s damages caused by your violation of these Terms of Service.
You may not assign these Terms of Service to any other party, but we may assign these Terms of Service without restriction. ICF reserves the right to use third parties to provide services, and we may assign or delegate certain of our rights, duties, and obligations under these Terms of Service to such third parties. If we fail to enforce, or delay enforcing, any of these Terms of Service, it will not be considered a waiver.
Except as provided otherwise, ICF or its licensors are the owners or licensees of all intellectual property located on this website, or any other materials we publish or distribute. Such material may be protected by copyright, patent, or trademark laws, and may not be modified, reproduced, republished, or displayed except as expressly permitted.
Governing Law; Venue
These Terms of Service are governed by the laws of the State of Delaware and applicable federal law, and you irrevocably consent and agree to the exclusive jurisdiction of the courts of the State of Delaware for the litigation of any claim arising under these Terms of Service.
If any part of these Terms of Service is determined to be invalid or unenforceable, such determination will not affect the remainder of the Terms of Service.
Our website may contain links or references to third-party services or resources, the availability and content of which we do not control, and we disclaim any liability or responsibility in connection with any such third-party services or resources. Unless we expressly state otherwise, we do not endorse any third-party services or resources.
No Third-Party Beneficiaries
These Terms of Service do not confer any third-party beneficiary rights.
For purposes of these Terms of Service, the word “including” shall be deemed to be followed by the words “without limitation,” and the word “or” is not exclusive.
These Terms of Service were last modified May 13, 2022.