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Powered By Upstart","slug":"libertysavingsbank","loanLabel":"Liberty Savings Bank, FSB","hostDomain":"libertysavingsbank.upstart.com","internal":false,"phoneNumber":"(833) 816-0102","supportEmail":"libertysavingsbank.support@upstart.com","servicingPhoneNumber":"(833) 816-2730","servicingSupportEmail":"libertysavingsbank.servicing@upstart.com","signupFlowEnabled":true,"referralFlowEnabled":false,"pbuProgramId":124},"trackLegalConsentPath":"/legal_consents/track?application_uuid=7e31d116-cb5b-4f8a-8b36-650900f9ce72","legalDocuments":{"en":{"esignConsent":{"trackLegalConsentPath":"/legal_consents/track","documentText":"\u003cp class=\"center h5\"\u003eElectronic Communications Policy and Consent\u003c/p\u003e\u003cbr\u003e\u003cbr\u003e\r\n\r\nIn connection with your loan inquiry and any loan transaction, you are entitled by law to receive certain information on paper. By providing this consent, you agree to receive them electronically instead. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, \"**Communications**\") that we, Upstart Network, Inc. (“**Upstart**”) and/or Liberty Savings Bank, FSB, including our affiliates and subsidiaries or our agents, successors and assigns, or service providers provide in connection with any loan inquiry, loan offer, loan, or any other products or service you receive from Liberty Savings Bank, FSB on Liberty Savings Bank, FSB’s website libertysavingsbank.upstart.com and/or on www.upstart.com or any of its subdomains, and the servicing of any loan you receive from Liberty Savings Bank, FSB. Your consent gives permission to communicate with you electronically in regard to any activity related to the Liberty Savings Bank, FSB product and services accessed through the website(s), and is not specific to any loan, inquiry, product, service, or transaction.\r\n\r\nCommunications include, as applicable:\r\n- Any information provided to you about any loan inquiry or loan offers, including your interest rate, finance charges and APR, and the final terms of your loan;\r\n- Any information provided to you about any product, service, or transaction you receive;\r\n- Any terms and conditions and policies you agree to, including updates to these agreements or policies, and other authorizations you provide;\r\n- Any documents or disclosures provided to you, including payment receipts, notices of default, and federal and state tax statements; and\r\n- Any other information relating to your relationship to Upstart and Liberty Savings Bank, FSB.\r\n\r\n\u003cp\u003eWe will provide these Communications to you by posting them on the Liberty Savings Bank, FSB website after you log-in, and/or by emailing them to you at your registered email address. \u003cu\u003eIt is your responsibility to keep your registered email address up to date so that we can communicate with you electronically.\u003c/u\u003e You have the right to request paper copies of any communication. Paper copies can be requested by calling (833) 816-0102 during our operating hours 6:00 AM PT to 5:00 PM PT, each Monday through Friday that are business days.\r\n\r\nIn order to access and retain electronic Communications, you will need: a computer with an Internet connection; a current web browser that includes 128-bit encryption and with cookies enabled (e.g. Microsoft Edge version 9.0 and above, Firefox version 87.0 and above, Chrome version 89.0 and above, or Safari 13.0 and above); a valid email address; and sufficient storage space to save past Communications or an installed printer to print them. You confirm that you have access to the necessary equipment and software to receive and save/print our Communications to you.\r\n\r\nYou have the right to withdraw consent and may withdraw your consent to receive Communications electronically or update information needed to contact you electronically by emailing us at libertysavingsbank.support@upstart.com; by calling us at (833) 816-0102 during our operating hours 6:00 AM PT to 5:00 PM PT, each Monday through Friday that are Business Days; or by writing to us via regular mail at Liberty Savings Bank, FSB Loan Operations, PO Box 1503, San Carlos, CA 94070. If you withdraw your consent prior to completing your application, you will not be able to complete the application process and therefore will not be issued a loan.\r\n\r\nYou acknowledge that we may amend this policy at any time by posting a revised version on our website. If we make a material change to this policy we will also send a notice to your registered email address.\r\n\r\nLast Updated: August 7, 2023\r\n\r\n\r\n\u003c/p\u003e","version":"20230804_09:19:32","category":"esign_consent","documentId":2730,"legalDocumentUuid":"39e0a3a8-8328-46a7-8de0-0b1e9612d857","path":"/esign_consent?legal_document_id=2730","referral":false,"issuingBankName":"Liberty Savings Bank, FSB","substitutionProps":{"mailingAddressOneLine":"P.O. Box 1503, San Carlos, CA 94070"}},"privacyPolicy":{"trackLegalConsentPath":"/legal_consents/track","documentText":"## Liberty Savings Bank, FSB's Privacy Policy\r\n\r\nClick [here] (https://www.libertysavingsbank.com/wp-content/uploads/2023/05/Privacy-Notice.pdf) for Liberty Savings Bank, FSB's privacy notice. The privacy policy of our service provider Upstart is below. \r\n\r\n***\r\n## Upstart Privacy Policy\u003cp class=\"center h3\"\u003e\r\n\r\nClick [here] (https://www.upstart.com/privacy_policy) for Upstart Privacy Policy, our service provider for Liberty Savings Bank, FSB and who also\r\nreceives your information. \u003c/p\u003e","version":"20251229_12:12:20","category":"privacy_policy","documentId":4006,"legalDocumentUuid":"7857d3ef-43e8-4b6b-8e2e-025a8cde4cf0","path":"/privacy_policy?legal_document_id=4006","referral":false,"issuingBankName":"Liberty Savings Bank, FSB"},"creditConsent":{"trackLegalConsentPath":"/legal_consents/track","documentText":"\u003cp class=\"center\"\u003e\u003cb\u003eCredit Report and Information Verification Consent\u003c/b\u003e\u003c/p\u003e\r\n\r\n**Credit Report **\r\n\r\nYou acknowledge that you have chosen to proceed with a loan offer from Liberty Savings Bank, FSB. Upstart Network, Inc. (“**Upstart**”) acts as an agent and service provider of Liberty Savings Bank, FSB and each of its assignees. You understand and agree that: \r\n\r\n- You are providing instructions to Liberty Savings Bank, FSB to access information in your credit report from one or more consumer reporting agencies such as Equifax, Experian, or TransUnion for a period of 12 months following this loan offer request; \r\n- You authorize Liberty Savings Bank, FSB and/or Upstart to initiate a “soft pull” of your credit, which will not affect your credit score, and to initiate a “hard pull” of your credit when you agree to loan terms, which will affect your credit score; \r\n- Upstart may use this information to conduct a pre-qualification for credit, send you invitations to apply for, or make follow up loan offers, to pre-fill your loan application, and to assist Liberty Savings Bank, FSB and any assignee in reviewing your loan application and servicing or collecting any loan that you receive; \r\n- Liberty Savings Bank, FSB and any assignee may use your consumer report to authenticate your identity, make decisions related to your loan, and service or collect any loan that you receive; and \r\n- Upstart may also use this information for its internal modeling and analysis.\r\n\r\nFor New York, Rhode Island and Vermont Residents: A consumer report may be obtained from a consumer-reporting agency in connection with your application. Upon your request (i) you will be informed whether or not consumer reports were obtained and (ii) if reports were obtained, you will be informed of the names and addresses of the credit reporting agencies that furnished the reports. A consumer report may also be requested or used in connection with any renewals or extensions, reviews or collection actions, or other legitimate purposes associated with any loan we may grant you.\r\n\r\n**Identity Verification**\r\n\r\nTo 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. As a result, under Liberty Savings Bank, FSB’s customer identification program, we must ask for your name, street address, mailing address, date of birth, and other information that will allow us to identify you. \r\n\r\n**Application Verification**\r\n\r\nYou authorize Liberty Savings Bank, FSB and Upstart to verify any information in your online application and your loan payoff amount if you are applying for an automobile refinance product through third party databases or by contacting third parties, including your college and any prior employers. Further, you acknowledge Liberty Savings Bank, FSB may also ask you to provide your driver’s license, your college transcripts or other identifying or supporting documents at any time.\r\n\r\nPlease note Liberty Savings Bank, FSB may terminate consideration of, or decline, your application at any time for any reason. If Liberty Savings Bank, FSB elects to do this, and you have not withdrawn your consent to electronic communication, Liberty Savings Bank, FSB will provide a notice to you in their message box on libertysavingsbank.upstart.com (a link on the website toolbar after you log-in), and by sending it to you at the email address you registered with on the Liberty Savings Bank, FSB website. In the event that electronic communication consent has been withdrawn, the notice will be mailed to the address provided in your application. \r\n\r\n\r\nLast Updated: August 7, 2023\r\n","version":"20230804_09:20:04","category":"credit_consent","documentId":2731,"legalDocumentUuid":"96e367b6-4aa6-4498-95cb-803930ae6912","path":"/credit_consent?legal_document_id=2731","referral":false,"issuingBankName":"Liberty Savings Bank, FSB"},"privacyDisclosure":{"trackLegalConsentPath":"/legal_consents/track","documentText":"","version":"20230714_11:46:31","category":"privacy_disclosure","documentId":2637,"legalDocumentUuid":"6e5a226a-b1a7-4f83-87b4-0ea06d0ff61c","path":"/privacy_disclosure_pdf?legal_document_id=2637","referral":false,"issuingBankName":"Liberty Savings Bank, FSB"},"applicationTermsAndConditions":{"trackLegalConsentPath":"/legal_consents/track","documentText":"\t\r\n\u003cp class=\"center h5\"\u003eLiberty Savings Bank, FSB Terms and Conditions\u003c/p\u003e\u003cp class=\"center h5\"\u003e\u003cbr\u003e\r\n\r\nThese Liberty Savings Bank, FSB Terms and Conditions (\"**Terms**\") are made and entered into between you and Liberty Savings Bank, FSB (“**Liberty Savings Bank, FSB**”) and govern your use of the website and certain products and services you access through or in connection with the website operated by Upstart Network, Inc. (\"**Upstart**\"), to (i) request loan offers and (ii) apply for and, if approved, obtain a loan from Liberty Savings Bank, FSB. All loans are installment loans made by Liberty Savings Bank, FSB, a federally insured bank located in Wilmington, OH at https://libertysavingsbank.upstart.com and any subdomains (the \"**Website**\").\r\n\u003c/p\u003e\u003cp\u003e\u003cb\u003e\u003cu\u003eThis is an important document. You must read it carefully and accept all of its terms and conditions before choosing to proceed. You should save/print a copy of these Terms for your records. By clicking \"I agree\" you are electronically agreeing to these Terms. NOTE, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS (see Section 14).\u003c/u\u003e\u003c/b\u003e\u003c/p\u003e\r\n\r\n\r\n1.\t**Loan Offers.** By submitting information on the Website, you are requesting loan offers from Liberty Savings Bank, FSB. Any loan offer request you submit is not an application for credit, rather it is a request to receive a conditional loan offer from Liberty Savings Bank, FSB. Loan offers are made to eligible individuals who satisfy Liberty Savings Bank, FSB’s credit policy. You understand you must meet certain basic credit criteria established by Liberty Savings Bank, FSB in order to be eligible to receive a loan. Liberty Savings Bank, FSB does not guarantee that you will be presented with loan offer(s) or that you will meet the approval criteria for any particular offer. In order to proceed with a loan offer you must submit a loan application to Liberty Savings Bank, FSB via the Website. It is always your choice whether to apply for a loan and Liberty Savings Bank, FSB will never submit an application on your behalf without your consent. Liberty Savings Bank, FSB may withdraw a loan offer, terminate consideration of any application you submit, or withdraw approval of your loan at any time in its sole discretion. If for any reason you do not qualify, or you later cease to qualify, for a loan offered to you, (if, for example, your credit score from any consumer reporting agency falls significantly or your debt to income ratio changes), Liberty Savings Bank, FSB may withdraw its approval of your loan. \r\n\r\n2.\t**Credit Report.** You have authorized Liberty Savings Bank, FSB to obtain your credit report from one or more consumer reporting agencies. If Liberty Savings Bank, FSB obtains information from a consumer reporting agency in connection with its consideration of your loan application, the consumer reporting agency names, addresses and toll-free telephone numbers are as follows: Equifax, PO Box 740256, Atlanta, GA 30374-0256, (866) 349-5191; and TransUnion, PO Box 2000, Chester, PA 19016, (800) 916-8800. You have a right under the Fair Credit Reporting Act to know the information contained in your credit file at the consumer reporting agency. You also have a right to a free copy of your report from the reporting agency, if you request it no later than 60 days after your information has been obtained. If you find that any information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the inaccuracy with the reporting agency. Please note, the reporting agency plays no part in any lending decision and, if you were declined, will be unable to supply specific reasons why you didn’t receive a loan offer. \r\n\r\n3. **Loan Application, Verification, and Loan Closing.** \r\n\r\n a. To receive a loan, you must select a loan offer and, after proceeding, submit a loan application through the Website. If you choose to proceed with a loan offer, Upstart acts as the agent and provides services to Liberty Savings Bank, FSB, or its successors or assigns, in connection with your loan application, the loan origination, and the servicing of your loan on the Website. Upstart will verify any information you provided when you requested a loan offer, including information about your education, employment and your annual income, as well as additional information you submit after choosing to proceed with your loan offer, and to confirm your loan payoff amount if you are applying for an automobile refinance product, by calling you, requiring you to produce appropriate documentation or other proof, and/or to conduct such verification through a third party. You authorize Upstart to request and obtain data from a third party to verify any information that you provide in connection with your loan application. Your completed loan application must be approved by Liberty Savings Bank, FSB. After approval, you will be presented your final loan terms and related Truth-in-Lending disclosures, which you must accept, by digitally signing your promissory note (the \"**Note**\") within the time periods disclosed to you in the loan application flow. \u003cbr\u003e\u003cbr\u003e\r\nIf your loan application is approved then, subject to clause (b) below, your loan, as evidenced by the Note you made to Liberty Savings Bank, FSB, will be submitted to Liberty Savings Bank, FSB for origination. Your loan will be on the terms set forth in the Note.  \r\n\t\u003cbr\u003eb.  Liberty Savings Bank, FSB may withdraw its approval of your loan application at any time prior to origination: (i) in the event of any inaccuracy or omission in your loan application; (ii) if you committed fraud or made a misrepresentation in connection with your application; or (iii) any other disqualifying event occurs.  Liberty Savings Bank, FSB may withdraw its approval of your loan even after you have signed your Note. In the event that your loan application is declined or withdrawn, Liberty Savings Bank, FSB will retain a record of your loan application for a period of at least 25 months in accordance with federal law.\r\n\r\n c. 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. As a result, under Liberty Savings Bank, FSB’s customer identification program, Liberty Savings Bank, FSB must ask for your name, street address, mailing address, date of birth, and other information that will allow Liberty Savings Bank, FSB to identify you.\r\n\r\n4.\t\u003cp\u003e\u003cb\u003eFees.\u003c/b\u003e Liberty Savings Bank, FSB may charge you fees if your loan application results in an originated loan. For example, you may be required to pay Liberty Savings Bank, FSB \u003cu\u003ea non-refundable origination fee\u003c/u\u003e. The amount of the fee and how it must be paid will be stated in the disclosures and the Note provided to you. If you receive an unsecured personal loan from Liberty Savings Bank, FSB, this fee will be deducted from your loan proceeds, so the loan proceeds delivered to you will be less than the full amount of your issued loan. If you receive an automobile refinance loan, this fee will be added to the payoff amount of your existing loan. You acknowledge that the origination fee will be considered part of the principal on your loan subject to the accrual of interest. \u003cbr\u003e\u003cbr\u003e\r\nAdditional fees, such as late fees and ACH or check return fees, may also apply to your loan. These fees will be disclosed in your Truth-in-Lending disclosure and your Note. \r\n\r\n5.\t**Loan Servicing.** If your loan application results in an originated loan, you acknowledge and agree that Upstart may serve as the loan servicer on behalf of Liberty Savings Bank, FSB and its successors and assigns. As loan servicer, Upstart will administer your loan, and may collect on your loan, on behalf of Liberty Savings Bank, FSB and any of its successors and assigns. If Upstart is servicing your loan, a copy of your Note(s) representing your loan(s) will be maintained in electronic form on the Website and made available to you for review on the Website, subject to site availability. You will also be able to manage your loan repayments via the Website.\r\n6. **Other Products and Services.** Any products and services you use through the Website shall be governed by these Terms and any additional terms and conditions you agree to when signing up for a particular product or service. You agree to comply with such terms and conditions, which may be found on the Legal Agreements page after you log-in to the Website, and that such agreements are incorporated herein by reference. \r\n\r\n7. **Representations, Warranties and Covenants.** You represent and warrant that (i) you are 18 years old, (ii) you are currently residing in the US; (iii) you are applying for a loan in good faith and with the intention to repay it when due; and (iv) all the information you provided in connection with your loan offer inquiry and any subsequent loan application to Liberty Savings Bank, FSB  is true and accurate and you have not provided any false, misleading or deceptive statements or omissions of fact in your application. You agree that you will not use any of the loan proceeds to fund any post-secondary educational expenses, including tuition, fees, books, supplies, miscellaneous personal expenses, or room and board (see Section 472 of the Higher Education Act of 1965, 20 U.S.C. § 1087ll). You acknowledge and agree that Liberty Savings Bank, FSB may rely, without independent verification, on the accuracy, authenticity and completeness of all information you provide. You certify that you will not use any loan proceeds to fund any illegal activity or that is prohibited by the [Acceptable Use Policy](https://www.upstart.com/acceptable_use_policy)..\r\n\r\n8. **Bank Account.** In connection with any loan application you make on the Website, you represent and warrant that you are the owner of the deposit account(s) that you designate for electronic transfers of funds and have authority to direct that loan payments be made from such account. You acknowledge your designated account(s) will be the account(s) into which loan proceeds will be deposited and from which monthly loan payments will be made. \r\n\r\n9. **Termination.** Liberty Savings Bank, FSB may terminate these Terms and your access to the Website at any time (i) in the event of any breach of any of your representations, warranties and covenants in these Terms, or (ii) you otherwise fail to abide by the terms of these Terms. In such event, Liberty Savings Bank, FSB has all remedies authorized or permitted by these Terms and applicable law. Liberty Savings Bank, FSB may, in its sole discretion, with or without cause and with or without notice, restrict your access to the Website.\r\n\r\n10.\t**NO WARRANTIES.** THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED \"AS IS\" AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. LIBERTY SAVINGS BANK, FSB, UPSTART AND EACH OF OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Neither Liberty Savings Bank, FSB nor Upstart guarantees continuous, uninterrupted or secure access to the Website or any of the services provided on the Website, and the operation of the Website may be interfered with by numerous factors outside of our control. Liberty Savings Bank, FSB shall make reasonable effort to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but it makes no representation or warranty regarding the amount of time needed because these services are dependent upon many factors outside of its control, such as delays in the banking system or the U.S. mail service. Liberty Savings Bank, FSB reserves the right to make changes to the products and services offered to future customers, including changes to the terms and conditions associated with these products and services.\r\n\r\n11.\t**LIMITATION ON LIABILITY.** IN NO EVENT WILL LIBERTY SAVINGS BANK, FSB, UPSTART  OR EACH OF OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. LIBERTY SAVINGS BANK, FSB’S AND UPSTART’S LIABILITY, AND THE LIABILITY OF EACH OF OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.\r\n\r\n12. \u003c/p\u003e\u003cp\u003e\u003cb\u003eCommunications.\u003c/b\u003e You confirm you have agreed to the Electronic Communications Policy and Consent and you have agreed to receive electronically all communications, agreements, documents, notices and disclosures (collectively, \"\u003cb\u003eCommunications\u003c/b\u003e\") that are provided in connection with these Terms, your loan, and the servicing of your loan. \u003cu\u003eYou agree that Upstart (on its own behalf, or on behalf of Liberty Savings Bank, FSB or any successor creditor) and, if your loan application results in an originated loan, a collection agency engaged on behalf of Liberty Savings Bank, FSB  or its successors or assigns, may contact you at any of the telephone numbers and email addresses you provide, subject to applicable law.\u003c/u\u003e\r\n\r\n13. **Notices.** You may contact Liberty Savings Bank, FSB by emailing libertysavingsbank.support@upstart.com, by calling (833) 816-0102 during the operating hours 6:00 AM PT to 5:00 PM PT, each Monday through Friday that are business days, or by writing via regular mail to PO Box 1503, San Carlos, CA 94070. All Communications given to you by email to your registered email address, or posted on the Website will be deemed to have been duly given and effective upon transmission or when they were posted. You acknowledge that communications from Liberty Savings Bank, FSB 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 Liberty Savings Bank, FSB promptly of the change by logging into the Website and updating this information in your account profile, or by contacting Liberty Savings Bank, FSB as described above. \r\n\r\n14.\t\u003c/p\u003e\u003cp\u003e\u003cb\u003eDisputes.\u003c/b\u003e\r\n\r\n \u003c/p\u003e\u003cp\u003ea.\t\u003cu\u003eContact Liberty Savings Bank, FSB First\u003c/u\u003e. If you have an issue with Liberty Savings Bank, FSB's services, or if a dispute arises between you and us, please contact Liberty Savings Bank, FSB first. Liberty Savings Bank, FSB's goal is to learn about and address your concerns and, if Liberty Savings Bank, FSB is unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Upstart regarding Liberty Savings Bank, FSB’s services may be reported by contacting Liberty Savings Bank, FSB as described in Section 13. \r\n\r\n \u003c/p\u003e\u003cp\u003eb.\t\u003cu\u003eArbitration Agreement\u003cu\u003e.\u003c/u\u003e\u003c/u\u003e\u003c/p\u003e\r\n\r\n**NOTICE: IF YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT, 10 U.S.C. § 987, THE FOLLOWING ARBITRATION PROVISION DOES NOT APPLY TO YOU.**\r\n\r\n\u003cp class=\"indent\"\u003eA.\t\u003cem\u003eGoverning Law.\u003c/em\u003e You acknowledge and agree that the Terms involve interstate commerce and that this arbitration clause will be construed, applied and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., (\"\u003cb\u003eFAA\u003c/b\u003e\"), as amended. The Arbitrator (defined below) shall apply applicable law and applicable statutes of limitation consistent with the FAA and shall honor claims of privilege recognized at law.\u003cbr\u003e\u003cbr\u003e\r\nB.\t\u003cem\u003eDispute\u003c/em\u003e: “Dispute” means any action, dispute, claim, or controversy of any kind arising out of, in connection with or in any way related, even indirectly, to these Terms (including a dispute over the validity, enforceability, arbitrability or scope of this arbitration clause) or any other agreement related to these Terms or any Liberty Savings Bank, FSB's services; any relationship resulting from, or activities connected to, these Terms; and any loan-related marketing, processing, servicing or collection activities performed by Liberty Savings Bank, FSB or Liberty Savings Bank, FSB's service providers, including Upstart. For example, “Dispute” includes claims related to: any relationship resulting from, or activities connected to your use of the Website; information you have provided; information and disclosures you received from us; any prior agreements between you and us; servicing; collections; privacy; and customer information. The term \"Dispute\" also includes: claims under federal or state consumer protection laws; claims in tort or contract; claims under statutes or common law; claims at law or in equity; other past, present or future claims, counterclaims, cross-claims, third party claims, interpleaders or otherwise; and any claim relating to the interpretation, applicability, enforceability or formation of this arbitration clause, including, any claim that all or any part of this arbitration clause, except paragraph G below, is void, voidable or unconscionable.\u003cbr\u003e\u003cbr\u003e\r\nC.\t\u003cem\u003eMandatory Arbitration:\u003c/em\u003e Unless otherwise stated in this arbitration clause, any \"Dispute\" between the Parties shall, at your, the Creditor, or Liberty Savings Bank, FSB's selection, and each of Liberty Savings Bank, FSB's affiliates, subsidiaries, and parents, (the “Parties\"), be resolved by a neutral, binding arbitration, and not by a court of law. This procedure includes any Dispute over the interpretation, scope, or validity of these Terms or other agreements between us, this arbitration clause or the arbitrability of any issue, with the sole exception of the Parties' waiver of any right to bring a class action or to participate in a class action as provided for under paragraph G below shall be solely determined by the appropriate court, if necessary. This arbitration clause applies to the Parties, including their respective employees or agents, as to all matters which arise out of or relate to this Note or are in any way connected with the extension of credit set forth in this Note, or any resulting transaction or relationship.\u003cbr\u003e\u003cbr\u003e\r\nD.\t\u003cem\u003eFacts About Arbitration:\u003c/em\u003e In arbitration, a neutral third party (“Arbitrator”) resolves Disputes, instead of a judge or jury.  You, with us, waive the right to go to court. The Arbitrator will conduct a hearing, which is private and less formal than a court trial. Each side will have the opportunity to present some evidence to the Arbitrator. The Arbitrator may limit the Parties’ ability to conduct fact-finding prior to the hearing, called “discovery.” Other rights that the Parties might have in court might not be available in arbitration. Following the hearing, the Arbitrator will issue an award. The Arbitrator’s decision is final, and a court may then enforce the award like a court judgment. Courts rarely overturn an Arbitrator’s award.\u003cbr\u003e\u003cbr\u003e\r\nE.\t\u003cem\u003ePre-Arbitration Resolution:\u003c/em\u003e Prior to starting arbitration, you can call Liberty Savings Bank, FSB at (833) 816-0102 or write to Liberty Savings Bank, FSB at Liberty Savings Bank, FSB Loan Operations, PO Box 1503, San Carlos, CA 94070 to attempt to resolve the Dispute. Liberty Savings Bank, FSB will try to resolve the Dispute. If Liberty Savings Bank, FSB makes a written offer (“Settlement Offer”), you may reject it and arbitrate. If Liberty Savings Bank, FSB does not resolve the Dispute, either party may start arbitration. No party will disclose settlement proposals, including a Settlement Offer, to the Arbitrator.\u003cbr\u003e\u003cbr\u003e\r\nF.\t\u003cem\u003eRules and Procedures:\u003c/em\u003e Either party may start arbitration by mailing a notice of arbitration, even if a lawsuit has been filed. Such notice shall be given by certified mail, return receipt requested. Notice to me shall be sent to the email address you provided to Liberty Savings Bank, FSB in your loan application, as updated. Notice to us, the Creditor and its assignees or related third parties shall be sent to Liberty Savings Bank, FSB Loan Operations, PO Box 1503, San Carlos, CA 94070. The Party initiating the arbitration shall set forth in the notice the nature and factual basis of the Dispute, the names and addresses of all other Parties, the amount involved, and the specific relief requested. The responding Party must mail a response within 45 days, and may also set forth any counter-Disputes. The American Arbitration Association (“AAA”) shall conduct any arbitration according to this arbitration clause. The AAA arbitration rules in effect when the claim is filed apply (“AAA Rules”), except where those rules conflict with this Arbitration Clause or any of Liberty Savings Bank, FSB's agreements with you. You can get copies of the AAA Rules at the AAA’s website (www.adr.org) or by calling (800) 778-7879. You or Liberty Savings Bank, FSB may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel.\u003cbr\u003e\u003cbr\u003e\r\nG.\t\u003cem\u003eClass Action Waiver:\u003c/em\u003e The Parties agree to give up any right they may have to bring a class action lawsuit or class arbitration, or to participate in either as a claimant. The Parties agree to give up any right to consolidate or join any arbitration proceeding with the arbitration of others. The Parties give up the right to serve as a private attorney general in any jurisdiction in which such procedure might be permitted. To the extent the Parties are permitted to file small claims under Paragraph K below, the Parties agree that any small claim may only be brought on an individual basis and that no small claim may be brought on a class or representative basis. The Parties further agree that if a court or arbitrator decides this Paragraph G is void or unenforceable, this arbitration clause shall be void and without effect.\u003cbr\u003e\u003cbr\u003e\r\nH.\t\u003cem\u003eFees and Costs:\u003c/em\u003e  If you request, Liberty Savings Bank, FSB shall advance all of the Arbitrator’s fees and expenses, as well as all administrative and filing fees, up to an amount of $1,000. The Parties shall be responsible for their own attorneys’ fees associated with any arbitration, unless otherwise allowed for under applicable substantive law and awarded by the Arbitrator. If the Arbitrator awards you funds, Liberty Savings Bank, FSB will not have to reimburse any arbitration fees and expenses Liberty Savings Bank, FSB has advanced. If the Arbitrator does not award you funds, you agree to reimburse Liberty Savings Bank, FSB for any arbitration fees and expenses Liberty Savings Bank, FSB has advanced. Any such reimbursement shall not exceed the filings fees and costs you would have incurred had you filed a lawsuit in court.\r\n\u003cbr\u003eI.\t\u003cem\u003eExceptions:\u003c/em\u003e\tThe Parties agree that this arbitration clause is not applicable to \"small claims\" meaning those claims that either Party is entitled to file and maintain in an appropriate small claims court or any action where the total amount in controversy is no greater than $10,000, including any claims for attorney's fees and non-monetary relief. The Parties agree that any small claim may only be brought on an individual basis and that no small claim may be brought on a class or representative basis. The Parties agree that any appeal from a judgment obtained pursuant to this paragraph shall be appealable only by arbitration according to the procedures set forth in this arbitration clause.\u003cbr\u003e\u003cbr\u003e\r\nJ.\t\u003cem\u003eSeverability:\u003c/em\u003e If it is determined that any paragraph or provision in this arbitration clause is illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect the other paragraphs and provisions of this arbitration clause. The remainder of this arbitration clause shall continue in full force and effect as if the severed paragraph or provision had not been included. Notwithstanding this severability provision, if a court of competent jurisdiction determines paragraph G to be void, illegal, invalid, or unenforceable, the Parties agree that paragraph G above shall not be severed and that this arbitration clause shall be void in its entirety.\u003cbr\u003e\u003cbr\u003e\r\nK.\t\u003cem\u003eRight to Opt Out:\u003c/em\u003e If you do not want this arbitration clause to apply, you may reject it by mailing a written notice to Liberty Savings Bank, FSB that lists your name, address and account/loan number and states that you are opting out of the arbitration clause. An opt out notice is only effective if it is signed by you, and the envelope that the opt out notice is sent in is postmarked no more than 30 calendar days after the date you agreed to the Terms. If you opt out of this arbitration clause, it will not affect any other provisions of these Terms or your obligations under any other agreement with us. If you do not properly opt out as set forth above, it will be effective as of the date you agreed to these Terms. If you opt out of this arbitration clause, such election shall apply only to these Terms, and not to any other past, present or future agreements you have with us.\u003cbr\u003e\u003cbr\u003e\r\n\u003cb\u003eFOR ALL DISPUTES COVERED BY THIS PROVISION, THE PARTIES HAVE AGREED TO WAIVE THEIR RIGHT TO A TRIAL BY JURY, THEIR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS, AND THEIR RIGHT TO SEEK PUNITIVE AND/OR EXEMPLARY DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS PROVISION, ARBITRATION SHALL BE IN PLACE OF ANY CIVIL LITIGATION IN ANY COURT AND IN PLACE OF ANY TRIAL BY JURY.\u003cbr\u003e\u003cbr\u003e\r\nTHE TERMS OF THIS PROVISION AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY TERMS OF THIS PROVISION OR THE COST, ADVANTAGES OR DISADVANTAGES OF ARBITRATION, YOU UNDERSTAND YOU SHOULD SEEK INDEPENDENT ADVICE BEFORE AGREEING TO THESE TERMS. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY EACH OF THE PROVISIONS, COVENANTS AND STIPULATIONS ABOVE.\u003c/b\u003e\u003c/p\u003e \r\n\r\n15.\t**Amendments**. Liberty Savings Bank, FSB may amend these Terms and will provide you with at least 30 days written notice of any material changes. \r\n\r\n16.\t**Assignment**. You hereby agree that Liberty Savings Bank, FSB may, without notice to you, assign all of Liberty Savings Bank, FSB’s rights, title and interest in these Terms to a third party. To the extent provided therein, any such assignment will release Liberty Savings Bank, FSB from all of Liberty Savings Bank, FSB’s obligations and duties under these Terms and the assignee will be solely responsible for the performance of such obligations and duties. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under these Terms to another person without Liberty Savings Bank, FSB’s prior written consent. Any such assignment, transfer, sublicense or delegation in violation of this Section 16 will be null and void.\r\n\r\n17. **Processing Errors**. You agree that Liberty Savings Bank, FSB and/or Upstart, on behalf of Liberty Savings Bank, FSB, and any of its successors or assigns, may promptly correct any transaction processing error that is discovered. If the error results in your receipt of less than the correct amount to which you are entitled, you will be credited the difference. If the error results in your receipt of more than the correct amount to which you are entitled, you agree that Liberty Savings Bank, FSB and/or Upstart, on behalf of Liberty Savings Bank, FSB, may debit the extra funds upon prior notice to you. You agree to provide any additional consents necessary to correct any errors that occur. \r\n\r\n18. **Miscellaneous**. These Terms, along with the Liberty Savings Bank, FSB [Privacy Policy](https://www.libertysavingsbank.com/privacy-notice/), the [Website Terms of Use](https://libertysavingsbank.upstart.com/terms), and any other agreements you enter into with Liberty Savings Bank, FSB or Upstart on the Website in connection with your use of additional products or services, represent the entire agreement between you and Liberty Savings Bank, FSB regarding the subject matter of these Terms and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between Liberty Savings Bank, FSB with respect to your use of the Website. These Terms are independent of any agreements you enter into with Liberty Savings Bank, FSB in connection with any loan you receive on the Website. Upstart is not a party to these Terms, but you agree that it, including its successors and assigns, is a third-party beneficiary and is entitled to rely on the provisions of these Terms, including your representations, covenants and agreements herein, including the arbitration agreement provided in Section 14.b. There are no third party beneficiaries to these Terms other than Upstart. You acknowledge and agree that Upstart and Liberty Savings Bank, FSB are separate legal entities and neither has guaranteed the performance of the respective obligations of any other entity than itself. Any waiver of a breach of a provision of these Terms will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition of these Terms will not constitute a waiver of such term or condition. If at any time after the date of these Terms, any of the provisions of these Terms is held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision will be of no force and effect, but the illegality and unenforceability of such provision will have no effect upon and will not impair the enforceability of any other provisions of these Terms. The headings in these Terms are for reference purposes only and will not affect the interpretation of these Terms in any way.\u003cbr\u003e\u003cbr\u003e\r\nLast Updated:  August 7, 2023","version":"20240311_07:58:32","category":"application_terms_and_conditions","documentId":3008,"legalDocumentUuid":"5f67b63d-4ce9-4800-a854-d6f9a8f11253","path":"/application_terms_and_conditions?legal_document_id=3008","referral":false,"issuingBankName":"Liberty Savings Bank, FSB","substitutionVariables":{"creditConsentPath":"/credit_consent","esignConsentPath":"/esign_consent","privacyPolicyPath":"/privacy_policy"},"substitutionProps":{"creditConsentPath":"/credit_consent?legal_document_id=2731","esignConsentPath":"/esign_consent?legal_document_id=2730","privacyPolicyPath":"/privacy_policy?legal_document_id=4006"}},"smsConsent":{"trackLegalConsentPath":"/legal_consents/track","documentText":"I authorize Liberty Savings Bank, FSB to send me account notifications via text message.","version":"20230621_12:02:02","category":"sms_consent","documentId":2551,"legalDocumentUuid":"d6de1050-b624-4f21-a5cd-a7a6935367fc","path":"/legal_consents?legal_document_id=2551","referral":false,"issuingBankName":"Liberty Savings Bank, FSB"},"regBIncomeDisclosure":{"trackLegalConsentPath":"/legal_consents/track","documentText":"Alimony, child support, or separate maintenance income need not be disclosed if you do not  wish to have it considered as a basis for repaying this obligation.\n","version":"20191001","category":"reg_b_income_disclosure","documentId":2548,"legalDocumentUuid":"913f6034-b8b6-4015-86e8-887e7efcabe3","path":"/legal_consents?legal_document_id=2548","referral":false,"issuingBankName":"Liberty Savings Bank, FSB"}}},"legalLightBoxParams":{"legalDocuments":{}},"issuingBank":{"name":"Liberty Savings Bank, FSB","slug":"libertysavingsbank","bankLogo":"https://lending-partner-theme.aws.upstart.com/production/primary_logos/libertysavingsbank-1689179695.png"},"currentDate":"2026-06-18","complexIncomeDocWarningEnabled":false,"inDevelopmentEnvironment":false,"fffastEnabled":false,"autoSecuredPersonalLoanIneligibleStates":["Armed Forces Africa/Canada/Europe/Middle East","Armed Forces Americas","Armed Forces Pacific","Colorado","Connecticut","District of Columbia","Iowa","Maine","Maryland","Nevada","New York","Vermont","West Virginia","American Samoa","Guam","Northern Mariana Islands","Puerto Rico","U.S. Virgin Islands","Nevada","Connecticut","Colorado","Iowa","Maine","Maryland","Northern Mariana Islands","Puerto Rico","U.S. Virgin Islands","District of Columbia","American Samoa","Guam","New York","Vermont","West Virginia"],"experiments":{"defaultSmsOptInEnabled":false,"turndownPlaidAssetsEnabled":true,"reviewRedesignExperiment":false,"incomeStepOptimizationEnabled":false,"helocQuestionAndConsentEnabled":false,"autoSecuredPersonalLoanFundingFormQuestionEnabled":false,"inUofOtherTreatment":false,"fundingFormLoanAmountDisclaimer":null,"skipNameStep":false,"eligibleForPrefill":false,"nonAffiliateConsentEnabled":false,"incomeModalIaEnabled":true,"removeSSNBeforeGR":false,"inAddressVerification":false,"inProgressTracker":false,"inAdvancedPhoneValidation":false,"inPartnerApiTrafficFFStepsTreatment":false,"inNoCreditImpactTreatment":false,"fastTrackVariant":"control","mintRedesignVariant":"control","progressBarImprovementVariant":"control","inLoginRedirect":false,"neuroIdEnabled":true,"inSweepstakes":false},"maxedOutStatesProp":[],"helpCenterLink":"https://upstarthelp.upstart.com/en_US/borrower-verification/soft-vs-hard-credit-inquiries-what-you-need-to-know","isEmailCaptureFlow":true,"deviceFingerprintEnabled":true,"maxedOutStatesUrl":"/funding_form/get_maxed_out_states_for_pl","hideExperimentForm":false,"chatbotExperimentEnabled":false,"submitPath":"/create_from_upstart_basic_signup","pqs_lead_uuid":null,"affiliateDataSharingOptIn":true,"helocMinLoanAmount":10000,"helocCrossSellStates":["Alabama","Alaska","Arizona","Arkansas","California","Colorado","Connecticut","Delaware","District of Columbia","Florida","Georgia","Idaho","Illinois","Indiana","Iowa","Kansas","Kentucky","Louisiana","Maine","Michigan","Mississippi","Montana","Nebraska","New Hampshire","New Jersey","New Mexico","North Carolina","North Dakota","Ohio","Oklahoma","Oregon","Pennsylvania","South Carolina","South Dakota","Tennessee","Utah","Virginia","Washington","West Virginia","Wisconsin","Wyoming"],"loanType":"initial","webClientUuid":"9fa8f990-4db4-013f-2479-4ed3e42386ec","signupPrefiller":{},"inSweepstakes":false}