Definitions

This Definitions index consolidates the capitalized terms used in the documents listed in the navigation above. The definitions below track the definitions that appear in the individual documents where the terms are first used. If a definition here conflicts with one in an operative document, the operative document controls.

Agreement

The collective agreement between you and Hardline, comprising the Terms of Service, the Privacy Policy, the E-Sign Consent Disclosure, the Disclosures page, the applicable Marketplace Addendum (Lender or Borrower), this Definitions index, and any other document expressly incorporated by reference. Defined in Terms § 1.

AUP

The Acceptable Use Policy, incorporated into the Terms of Service.

Biometric Information

As defined in 740 ILCS 14/10 (Illinois) and analogously in Tex. Bus. & Com. Code § 503.001(a) (Texas) and RCW 19.375.010 (Washington). Hardline does not collect, capture, possess, or have access to Biometric Information; identity verification is performed by Stripe, which is the controller of any such data. See Privacy Policy § 7 and the Biometric Data Policy.

Borrower

A User who registers or operates an account on the Service to seek, request, or accept credit. A User may be both a Borrower and a Lender. Defined in Terms § 1.

Borrower Addendum

The Borrower Marketplace Addendum, which supplements the Terms of Service for Borrower Users.

Dispute

Any past, present, or future dispute, claim, or controversy arising out of or relating to the Agreement, the Service, your account, communications with Hardline, interaction with another User, or the relationship between you and Hardline. Defined in Terms § 15.1.

Hardline

Hardline Lending, Inc. (entity status pending confirmation), together with its successors and permitted assigns. Defined in Terms § 1.

Hardline Indemnitees

Hardline, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers. Defined in Terms § 14.

Lender

A User who registers or operates an account on the Service to extend, offer, or solicit credit. A User may be both a Lender and a Borrower. Defined in Terms § 1.

Lender Addendum

The Lender Marketplace Addendum, which supplements the Terms of Service for Lender Users.

Marketplace Addendum

Either the Lender Addendum or the Borrower Addendum, as applicable to a given User’s role.

Notice of Dispute

The written notice required under Terms § 15.8 as a condition precedent to initiating arbitration.

Personal Information

Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, as defined by Cal. Civ. Code § 1798.140(v) and analogous state laws. See Privacy Policy § 3.

Privacy Policy

The Hardline Privacy Policy.

Process Arbitrator

The neutral appointed under AAA Mass Arbitration Supplementary Rules to resolve threshold administrative matters in any mass-arbitration proceeding under Terms § 15.11.

Property

The real property securing a loan offered, requested, or facilitated through the Service. Defined in Borrower Addendum § B.1(b).

Records

All records, notices, disclosures, agreements, and communications delivered or received electronically through the Service. Defined in E-Sign Consent § 1.

Sensitive Personal Information (SPI)

The categories of sensitive personal information enumerated in Cal. Civ. Code § 1798.140(ae) and analogous state laws. See Privacy Policy § 6.

Service

The Hardline platform, websites at hardlinelending.com, mobile applications (if any), APIs, and related services operated by Hardline. Defined in Terms § 1.

Stripe Identity

The identity-verification service provided by Stripe, Inc. and integrated into the Service for purposes of User verification.

Terms

The Hardline Terms of Service.

User

Any person (including an entity) who accesses, registers for, or uses the Service, including Borrowers, Lenders, brokers, and their authorized representatives. “You” refers to the User accepting the Agreement. Defined in Terms § 1.

User Content

Any data, documents, photographs, deal information, term sheets, messages, files, and other content a User submits, posts, uploads, transmits, or displays on or through the Service. Defined in Terms § 6.

The following statutes and regulations are cited recurrently across the suite. For convenience, the canonical form of each citation is provided here.

• Bank Secrecy Act (BSA): 31 U.S.C. § 5311 et seq.; FinCEN regulations at 31 C.F.R. Chapter X.
• Biometric Information Privacy Act (Illinois): 740 ILCS 14/.
• California Consumer Financial Protection Law (CCFPL): Cal. Fin. Code §§ 90000 et seq.
• California Consumer Privacy Act / California Privacy Rights Act (CCPA / CPRA): Cal. Civ. Code §§ 1798.100 et seq.
• California Financing Law (CFL): Cal. Fin. Code §§ 22000 et seq.
• California Real Estate Law (DRE): Cal. Bus. & Prof. Code §§ 10000 et seq.
• Capture or Use of Biometric Identifier Act (Texas): Tex. Bus. & Com. Code § 503.001.
• Computer Fraud and Abuse Act (CFAA): 18 U.S.C. § 1030.
• Digital Millennium Copyright Act (DMCA): 17 U.S.C. § 512.
• Dodd-Frank Ability-to-Repay Rule: 12 C.F.R. § 1026.43.
• Equal Credit Opportunity Act (ECOA) / Regulation B: 15 U.S.C. § 1691 et seq.; 12 C.F.R. Part 1002.
• Federal Arbitration Act (FAA): 9 U.S.C. § 1 et seq.
• Federal E-Sign Act: 15 U.S.C. § 7001 et seq.
• Fair Housing Act: 42 U.S.C. § 3601 et seq.
• Foreign Corrupt Practices Act (FCPA): 15 U.S.C. §§ 78dd-1 et seq.
• FTC Safeguards Rule: 16 C.F.R. Part 314.
• FTC Privacy of Consumer Financial Information Rule (Reg P): 16 C.F.R. Part 1016.
• Gramm-Leach-Bliley Act (GLBA): 15 U.S.C. § 6801 et seq.
• Home Ownership and Equity Protection Act (HOEPA) (high-cost mortgage): 12 C.F.R. § 1026.32.
• New York Adult Survivors Act: N/A — reserved.
• NY Electronic Signatures and Records Act (ESRA): N.Y. State Tech. Law Art. 3.
• NY SHIELD Act: N.Y. Gen. Bus. Law § 899-bb.
• Real Estate Settlement Procedures Act (RESPA): 12 U.S.C. § 2601 et seq.; 12 C.F.R. Part 1024.
• S.A.F.E. Mortgage Licensing Act: 12 U.S.C. § 5101 et seq.; 12 C.F.R. Part 1008.
• Securities Act of 1933: 15 U.S.C. § 77a et seq.
• Securities Exchange Act of 1934: 15 U.S.C. § 78a et seq.
• Truth in Lending Act (TILA) / Regulation Z: 15 U.S.C. § 1601 et seq.; 12 C.F.R. Part 1026.
• Uniform Electronic Transactions Act (UETA): as adopted in your state (e.g., Cal. Civ. Code §§ 1633.1 et seq.).
• Washington Biometric Identifier Act: RCW 19.375.