Terms of Use

Carefully review the rules and conditions below that govern your use of our Web site. These Terms and Conditions of Use (“Terms of Use”) apply to the World Wide Web site owned, operated, licensed, and controlled by emBorrow and its controlling companies, (hereinafter referred to as “emBorrow”) located at www.emBorrow.com, and all associated emBorrow sites linked to this Website (collectively, the “Website”). This Website is the property of emBorrow and by using this Website, you agree to these Terms of Use. If you do not agree to these Terms of use, do not use this Website. Additionally, review our Privacy Policy regarding the information that you provide to emBorrow.

At its sole discretion, emBorrow reserves the right to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to regularly review these Terms of Use for changes. By continuing to use the Web site following the posting of changes, you accept and agree to the changes. If you comply with these Terms of Use, emBorrow grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Web site.

Intellectual Property

This Web site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Web site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by emBorrow. All rights, titles and interests therein shall remain the property of emBorrow (collectively, the “Content”). All Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You are authorized to view and retain a copy of the pages of the Web site only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Web site for the purpose of transacting business with emBorrow. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Web site, or any portion of the Web site for any public or commercial use without the express written consent of emBorrow. You further agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Web site, including printed pages produced from the Web site; and (ii) make any other modifications to any documents obtained from the Web site other than in connection with completing information required to transact business with emBorrow.

Communication Between You and emBorrow

When you visit www.emBorrow.com or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically to the extent permissible by law. emBorrow will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that emBorrow provides to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that emBorrow may send emails to you for the purpose of advising you of changes or additions to this Website, about any of our products or services, or for such other purposes as deemed appropriate and as permissible by law.

Security of the Web site

As a condition of your use of this Web site, you agree that you will not, and you will not take any action intended to: (i) access data that are not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any customer or user of this Web site; (iii) probe, scan or test the vulnerability of this Web site or the emBorrow network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Web site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

Links to Outside Web Sites and Resources

This Web site may contain links to outside services and resources, of which the availability and content emBorrow does not control. emBorrow is not responsible for examining or evaluating, and emBorrow do not warrant the offering of these businesses or individuals or the content of their web sites. emBorrow does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Collecting Bank Account Information

If credit is extended to a customer and if the customer permits emBorrow to do so, emBorrow may consider the bank account information provided by the customer as eligible to process payments against. emBorrow may detect additional bank accounts under the ownership of the customer as part of emBorrow’s information collection process. emBorrow may consider these additional accounts to be part of the application process.

Other Disclaimers

emBorrow does not promise that the Web site or any content, document or feature of the Web site will be error-free or uninterrupted. emBorrow also does not promise that any defects will be corrected or that your use of the Web site will provide specific results. The material in this Web site could include technical inaccuracies or typographical errors. The Web site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the Web site is subject to change without notice. emBorrow cannot ensure that any files, documents or other data you download from the Web site will be free of errors, viruses, contamination or destructive features. emBorrow disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. emBorrow disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site. You assume total responsibility for your use of the Web site and any linked sites. Your sole remedy against emBorrow for dissatisfaction with the Web site or any content is to stop using the Web site or any such content. This limitation of relief is a part of the bargain between the parties.

Limitation of Liability

Except where prohibited by law, neither emBorrow, nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if emBorrow has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, emBorrow’s maximum liability for all claims arising out of or relating to this Web site, or its content, whether in contract, tort or otherwise shall be limited to the amount you paid to access this site.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

By using the Web site, you agree to defend, indemnify, and hold harmless emBorrow from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that emBorrow may become obligated to pay arising or resulting from your use of this Web site, the Content, or your breach of these Terms of Use. emBorrow reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Minors

This Web site is not directed at children under the age of eighteen (18) and emBorrow does not knowingly collect personal information from any child under the age of eighteen (18) at this Web site.

Applications and Line of Credit Limitation

Inactive loan applications are canceled at the discretion of emBorrow. Only one active loan or line of credit per household may be outstanding at one time.

Severability

Any failure by emBorrow to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and emBorrow with regard to your use of the Web site, and any and all other written or oral agreements or understandings previously existing between you and emBorrow with respect to such use are hereby superseded and cancelled.

Law and Venue

These Terms of Use and the relationship between you and emBorrow shall be governed by the laws of the State of Illinois without regard to the conflict of laws provisions thereof, and the parties further consent to exclusive jurisdiction and venue in the federal courts sitting in the United States District Court for the Northern District of Illinois unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue in the Eighteenth Judicial Circuit Court, DuPage County, Illinois. The parties waive all defenses of lack of personal jurisdiction and forum non conveniences with respect to these jurisdictions. You agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Website or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Website or the Content must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is held unenforceable, that provision shall be severed and the remainder of these Terms of Use will continue in full force and effect.

Cookies

“Cookies” are small data files transferred by a website to your computer’s hard drive. emBorrow or its service providers send cookies when you visit our site or sites where emBorrow advertisements appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on our site, sites that are “powered by” another company on emBorrow’s behalf, or sites where our advertisements appear may give us access to information about your browsing preferences. emBorrow may use this browsing information to personalize and enhance your experience. In general, cookies are classified as either “session” cookies or “persistent” cookies.

Session cookies do not stay on your computer after you close your browser.
Persistent cookies remain on your computer until you delete them or they expire.

Generally speaking, web browsers automatically accept cookies by default. That being said, you can typically prevent cookies or selectively accept cookies by adjusting the preferences in your browser. If cookies are not accepted, there may be some features of our Web site that will not be available and some Web sites may not display properly. In most instances, however, a customer may refuse a cookie and still be able to visit our Web site without issue.

Despite web browsers are usually set to accept cookies automatically that can be changed in order to decline them. Information on how to adjust cookie preferences (e.g., preventing your browser from accepting new cookies, etc.) are located in the help and support section of your browser. In most cases, a visitor may refuse a cookie and still fully visit our Web site.

Similarly to other companies, emBorrow uses cookies and other tracking technologies on our online services (referred to together from this point forward as “Cookies”, unless otherwise stated) including HTTP cookies, flash cookies, HTML5 and Flash local storage, web beacons/GIFs, embedded scripts, and e-tags/cache browsers. emBorrow may use Cookies for a variety of purposes and to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of an online service, for when you later return to that online service.

emBorrow does not store passwords or any other information about a visitor in a cookie that would identify them, locate them, and determine their preferences or their financial activity. Aggregated customer information may help emBorrow assess the performance of its website and develop strategies to maximize utility. These data may be provided to other companies, including but not limited to third party advertisers. These data do not include any personal details that can be used to identify consumers.

emBorrow may use the following Cookies on its Web site:

Security Cookies: Session cookies used to support security measures within the site.
Yield Manager: This is a tracking pixel that records traffic coming from 3rd party sources.
emBorrow: Contains a session cookie recognizing an applicant to process a loan application through its completion.
Google Analytics: Web analytics tracking.
Google Adwords: Conversion tracking.

Retention of Personal Information

emBorrow will maintain the data that are necessary to allow emBorrow to provide the requested service and only for as long as it takes emBorrow to provide any such requested service.
emBorrow may still need to keep personal details of customers to ensure that systems reflect your preferences even if a customer has chosen to opt out of allowing emBorrow to use that customer’s personal details for marketing purposes.
emBorrow may keep records of any transactions a customer enters into on the emBorrow Web site for a minimum of six years from the end of emBorrow’s relationship with the customer.
mborrow may keep other information about a customer only to the extent necessary to comply with applicable laws and to further legitimate business needs.

Third Party Websites

emBorrow may use third party advertising and media companies to serve advertisements on our behalf across the Internet and to help manage and optimize our Internet business and communications. Through the use of Cookies, such third party companies may collect anonymous information about your visits to our site and your interaction with our ads and content. For instance, they may keep track of how many of our advertisements you have seen on other web sites before visiting our Web site. This information is used to understand your browsing behavior and interests so that emBorrow can identify your needs and provide service that is tailored to you.

Browser Signals

emBorrow does not currently take actions to respond to “Do Not Track” signals from your browser because a uniform technological standard has not yet been developed. emBorrow is reviewing new technological options and may adopt a standard once one is created.

Privacy Policy

To understand our practices, review our Privacy Policy. This Privacy Policy also governs your visit to our Web site. By using the Web site, you acknowledge and agree that Internet transmissions are never completely private or secure. You further understand that any message or information you send to the Web site may be read or intercepted by others, notwithstanding emBorrow’s efforts to protect such transmissions.

Terms and Conditions Apply. emBorrow provides installment financing only to residents of states where the company has a lending license. In order to apply for financing, you must submit your application online and have, among other things, verifiable income. You may also need to be a patient of a fertility clinic. The actual amount and terms of financing that a customer qualifies for may vary based on credit determination and state law. In some instances, we might not manage to check your application information completely and may request some additional documentation. Please thoroughly review our Consents, Disclosures, Rates, and Terms & Conditions for further information. Complete disclosures of APR, details and payment terms are included in the Financing Agreement.

Funds are generally deposited via ACH for delivery next business day if approved by 4:30pm CT Monday-Friday.

emBorrow reserves the right to modify or discontinue products and benefits at any time without notice.
Important disclosures and consumer notice: Financing from emBorrow is designed to help you meet your fertility related borrowing needs. This service is not intended to provide a solution for all credit or other financial needs. We will never charge you any “hidden fees” that are not fully disclosed in the Financing Agreement. Since we may report your payment history to one or more credit bureaus, late or non-payment of your account may negatively impact your credit rating. If you don’t make a payment in accordance with your financing terms, we will attempt to contact you via one or more authorized methods. Our company’s methods are in accordance with the guidelines of the Federal Debt Collections Practices Act (FDCPA). Be sure you thoroughly understand the terms and conditions of your financing before signing your agreement. We are here to serve our customers and their financial needs if possible.

Legal: Privacy Notice | Privacy Policy | Terms of use | Rate and Financing Disclosure