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Tos</li>
</ul> TERMS OF USE <ul>
<li>Purpose</li>
<li>Ownership of Site</li>
<li>Access</li>
<li>Privacy</li>
<li>Consent to Electronic Communication or Consent to be Contacted</li>
<li>Computer Equipment</li>
<li>Cookies</li>
<li>Account Access, Passwords/Logins and Registration</li>
<li>Information security</li>
<li>Submissions, Reviews, Feedback and other Postings to the Site</li>
<li>Copyright Notices</li>
<li>Trademark Notices</li>
<li>Web Content and Materials</li>
<li>Potential Disruption of Service</li>
<li>Limitation of Liability</li>
<li>Enforceability and Governing Law</li>
<li>Indemnification</li>
<li>Waiver of Jury Trial and Arbitration Provision</li>
</ul>
<p>The following Terms of Use describe the conditions governing the use of our website and other
services by visitors and consumers requesting financial services from us or any of our subsidiaries.</p>
<p>PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY.
BY ACCESSING THIS SITE YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME AT
OUR SOLE DISCRETION.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR
SITE OR DISCONTINUE YOUR USE OF THIS SITE AND SERVICES.</p>
Purpose
<p>We grant to you, for your personal use only, a nonexclusive, limited and revocable right to access
and use any of our websites regardless of the internet address or domain name used to access it (the
“Site”).
You agree not to use the Site or content for any other purpose, including commercial
purposes, such as co-branding, framing, linking, or reselling any portion of the Site without our
prior written consent.
Unauthorized use of our Site and systems, including but not limited to
unauthorized entry into Company’s systems, misuse of passwords, or misuse of any information posted
to the Site, is strictly prohibited.
You acknowledge that your use of the Site may be monitored,
tracked or recorded, and your use of our Site expressly consents to such monitoring, tracking or
recording.</p>
Ownership of Site
<p>Agreement to Terms of Use.
All pages including any linked websites and mobile applications (the
“Site”).
The Site is owned and operated by the Company.
These Terms govern your use of the Site and
any of the products and services made available via the Site (“Services).
Your compliance with these
Terms is a condition to your use of the Site and Services.
By using our Site or using or applying
for a Service, you are agreeing to these Terms and the terms of our Privacy Notice or Privacy Policy
associated with this Site.
These Terms constitute a legal contract between you and the Company
governing your use of the Site and Services, to the extent not superseded by the terms and
conditions of any contract we enter into with you for Services.</p>
Access
<p>This site may be accessed using most browsers and requires cookies to be enabled to apply for a loan
and to use your account.
Your information and application will be sent to us using the secure SSL
industry standard encryption.
You should receive an acknowledgement of receipt from us after
submitting your application, if you do not, please check your spam folder, and then contact our
customer service department.
Please do not submit specific questions regarding your account through
our Contact Us link, as this is not a secure form of communication.
Please contact our customer
service department, at the number provide at the Top of these Terms with questions regarding your
application or account.</p>
Privacy
<p>Company’s privacy notice applied to your use of this Site and its terms are expressly
incorporated by reference.</p>
Consent to Electronic Communication or Consent to be Contacted
<p>By providing your contact information and using this Site, applying for a Loan or Service or
providing information pursuant to an application for a Loan or Service to us or one of our
affiliates, you are expressly consenting to be contacted by the Company, its affiliates, Customer
Services Representative or other agents of the Company by telephone, email, text/SMS messages or
mailing addresses in our records or from other public or nonpublic data bases we may have lawful
access and in connection with any such telephone calls, you consent to the use of
pre-recorded/artificial voice message and/or automatic dialing devices, at any telephone number
associated with your account, including mobile telephone numbers that could result in charges to you
for matters related to your account, loan, payments on your account or application even if you have
opted into the national Do Not Call List administered by the Federal Trade Commission, any state
equivalent Do Not Call List or the Do Not Call List of any specific institution.
The Company or its
representatives can contact you for the services of your loan servicing, regarding the application,
for anything related to your loan or application including reminders of your payments, collections
and other loan-related issues.
You further agree and acknowledge that we may use third party
services and other providers to contact you on our behalf regarding your account or the Terms.
You
may change your contact preferences by contacting us at the number listed on the Contact Us page.</p>
Computer Equipment
<p>The Company is not responsible for any errors or problems that arise from the malfunction or failure
of your computer equipment.
You may access our site and your account using any computer connected to
the Internet, browsers supported include Internet Explorer 6 and above, Firefox, and Chrome.
If you
access your account from a public or shared computer, you are responsible for signing out of your
account at the end of your session and removing any personal information that may be collected by
that computer.</p>
Cookies
<p>Our website may use a feature of your Internet browser called a cookie.
A cookie is a piece of
information which a web server may place on your computer when you visit a web site.
The use of
cookies is to facilitate your Internet session, to maintain security and to improve the user
experience.
For example, the Company and Site may use cookies to verify your identity, remember your
personal settings such as your account preferences, and to monitor your use of our website to
improve our services.
If you choose not to enable cookies on your browser, you might not be able to
apply for a loan on our Site or any of our Affiliate’s.</p>
Account Access, Passwords/Logins and Registration
<p>The Company may at our option change the parameters for the password used to access the Site
(“Password”) without prior notice to you, and if the Company does so, you will be required to change
your password the next time you access your account.
To prevent unauthorized access to your account,
you agree to protect and keep confidential your account number, User ID, Password, or other means of
accessing your account.
Failure to do so could permit unauthorized persons to gain access to your
sensitive personal and account information and to use that information for fraudulent purposes,
including identity theft.
If you disclose your account numbers, User IDs, and/or Passwords to any
person(s) or entity, you assume all risks and losses associated with such disclosure.
If you permit
any other person(s) or entity to use the Site on your behalf, or to access or use your account
numbers, User IDs, Passwords, or other means to access your accounts, you are responsible for any
transactions and activities performed from your accounts and for any use of your personal and
account information by such person(s) or entity.
If you believe someone may attempt to access or has
accessed your account without your permission, or that any other unauthorized use or security breach
has occurred, you agree to immediately notify us at the number listed on the Contact Us page.</p>
Information security
<p>You understand and acknowledge that a username and password is an adequate level of security.
However, you also understand and acknowledge that no internet communications can be completely
private or secure and any non-public information you send to the Site or Company may be intercepted
or read by others even with the Company’s security measures to protect against such actions.
You
agree that as a condition of use of this Site that you will not: a) obtain a private or non-public
information from any other user of the Site, b) attempt to or access data or information not
intended for you, c) test the vulnerability, breach security or authentication measures without
prior written authorizations, d) send email, text message or communications to any other users of
the Site or any other person except within the scope of your intended use and e) attempt to
interfere with the operation of the Site which may include but is not limited to sending spam,
virus, flooding or overload communications/data or emails.</p>
Submissions, Reviews, Feedback and other Postings to the Site
<p>If you post, upload or submit any comments, information, files, images or other materials to us or
the Site, or if you submit any materials through third party services, such as tweeting, by tagging
us on Facebook (collectively, “Submissions”), you represent and warrant that you are the owner of or
have the necessary rights and licenses to provide such Submissions.
In addition you further agree
to, and hereby grant to us, a universal, irrevocable, and fully transferable no fee and royalty free
right and license to use the Submissions at our sole and complete discretion and to use your name as
provided in connection with your Submission or as set forth in your account.
You are not allowed to
provide any Submissions that (i) are abusive, unlawful, obscene, or harmful, or that could encourage
criminal or unethical behavior, (ii) violate or infringes the intellectual property or privacy
rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component.
We take no responsibility and assume no liability for any Submissions provided by you or any third
party, and under no circumstances shall we be liable for any user Submissions, including, but not
limited to any loss or damage that results from the Submissions being transmitted or made available
on the Site or through the use of the Site and Services.</p>
Copyright Notices
<p>The Site, including but not limited to all design, text, sound recordings and images, are owned,
except as otherwise expressly stated, by the Company or Site.
They may not be copied, transmitted,
displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored
for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior
written consent.
If you believe something on the Site has been reproduced in a manner that
constitutes a copyright infringement or a violation, you can notify the Company by: i)
identification of the copyrighted work you believe is the subject to an infringement, identify the
material you believe should be removed, ii) provide your name, address and contact number that the
Company can contact you about your inquiry or complaint and iii) provide a signed statement that the
above information is true and correct and that you are the copyright owner or authorized agent to
act on behalf of the copyright owner.
Upon receipt of such information, the Company will review and
promptly remove, disable or other inactivate the materials.
Please send such notices as per the
contact methods provided in the Contact Us page.</p>
Trademark Notices
<p>The names and logos of the Company or Site are owned or licensed to the Company, its successors,
affiliates or agents and may not be used without prior written authorization.</p>
Web Content and Materials
<p>The information on this Site is for information purposes only.
The Company makes every good faith
effort to be accurate, but the Company does not warrant its completeness, timeliness, or accuracy.
You agree that you will not engage in any activities related to the Site that are contrary to
applicable law, regulation or the terms of any agreements you may have with us, and in circumstances
where locations of the Site require a password or identification information, you will use
reasonable security methods to prevent others from obtaining your password or other identifying
information.</p>
<p>THE COMPANY MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES AT ANY TIME
WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU.
THE COMPANY RESERVES THE RIGHT TO
TERMINATE ANY OR ALL OF THE SITE’S CONTENT OR SERVICES WITHOUT PRIOR NOTICE TO THE USER.
THE
AVAILABILITY OF THE SITE’S INFORMATION, PRODUCTS OR SERVICES DOES NOT MEAN THE COMPANY DISTRIBUTING
OR SOLICITING, TO ANY PERSON, TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES WHERE
PROHIBITED BY LAW.</p>
Potential Disruption of Service
<p>Access to our Site may from time to time be unavailable, delayed, limited or slowed due to causes
beyond the control of the Company and the Company makes no guarantees as to the availability of the
Site.</p>
Limitation of Liability
<p>THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED ON AN “AS IS”
BASIS.
THE COMPANY MAKES NO WARRANTIES AND REPRESENTATIONS REGARDING OUR SITE.
THE COMPANY
SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM
FROM VIRUSES OR OTHER HARMFUL CODE, ACCURACY, ADEQUACY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
FURTHER, THE COMPANY WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION,
COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN
THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SOFTWARE.
UNDER NO CIRCUMSTANCES WILL THE
COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE OUR WEBSITE,
REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, INFORMED, KNEW OR REASONABLY SHOULD
HAVE KNOWN, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.</p>
Enforceability and Governing Law
<p>In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable,
the remaining terms and provisions shall remain in full force and effect.
These Terms of Use shall
be subject to any other agreements you have entered into with the Company, its affiliates,
successors or agents.
Your access to and use of the Site are governed by the laws of the State of
Delaware.</p>
Indemnification
<p>You agree to defend, indemnify and hold the Company and its affiliates and its and their Members,
Managers, officers, employees, agents, contractors, successors or assigns thereof harmless from and
against all third party claims, damages and expenses (including reasonable attorneys' fees) against
or incurred by us arising out of your identity breach of these Terms or violation of applicable law,
any of your Submissions, your use or access of the Site, or access by anyone accessing the Site
using your account.</p>
Waiver of Jury Trial and Arbitration Provision
<p>THIS ARBITRATION AGREEMENT IS BETWEEN You (“You” or “Your”), and Crediterium DE LLC or its subsidiaries
(collectively referred to as “CREDITERIUM”) (“Lender”).
This Arbitration Agreement applies to all of
your Transaction Agreements, including but not limited to Your Application, Privacy Policy, Consent
to Electronic Delivery of Documents, Text Message Consent, Optional Revocable Authorization
Agreement, Optional Revocable Debit Card Authorization Agreement, Disclosures, Loan Agreement and
Disclosures, and any other Agreements or transactions in connection with your Application and your
Loan, (collectively “Your Transaction Agreements”).</p>
<p>Arbitration is a process in which persons with a dispute: (a) waive their rights to file a lawsuit
and proceed in court and to have a jury trial to resolve their disputes.
and (b) agree, instead, to
submit their disputes to a neutral third person (an “arbitrator”) for a decision.
Each party to the
dispute has an opportunity to present evidence to the arbitrator.
Pre-arbitration discovery may be
limited.
The arbitrator will issue a final and binding decision resolving the dispute, which may
then be enforced by a court judgment.
A court rarely overturns an arbitrator’s decision.
It is
acknowledged and agreed that this arbitration is intended to keep both parties' costs down in the
event of a disagreement and is a material inducement to the parties to enter into this Agreement.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:</p>
Disputes
<p>For purposes of this Waiver of Jury Trial and Arbitration Agreement (hereinafter the “Arbitration
Agreement”), the words “dispute” and “disputes” are given the broadest possible meaning and include,
without limitation (a) all claims, disputes, or controversies arising from or relating directly or
indirectly to the signing of this Arbitration Agreement, however excluding the validity and scope of
this Arbitration Agreement and any claim or attempt to set aside this Arbitration Agreement.
(b) all
federal or state law claims, disputes or controversies, arising from or relating directly or
indirectly to Your Loan, the information you gave us before entering into Your Loan, and/or any past
and/or future claims or disputes between you and us.
(c) all counterclaims, crossclaims and third
party claims.
(d) all common law claims, based upon contract, tort, fraud, or other intentional
torts.
(e) all claims based upon a violation of any state or federal law.
(f) all claims asserted by
us against you, including claims for money damages to collect any sum we claim you owe us.
(g) all
claims asserted by you individually against us and/or any of our employees, agents, directors,
officers, shareholders, managers, members, parent company or affiliated entities (hereinafter
collectively referred to as “related third parties”), including claims for money damages and/or
equitable or injunctive relief.
(h) All claims asserted on your behalf by another person.
(i) all
claims asserted by you as a private attorney general, as a representative and member of a class of
persons, or in any other representative capacity, against us and/or related third parties
(hereinafter referred to as “Representative Claims”) .
and/or (j) all claims arising from or
relating directly or indirectly to the disclosure by us or related third parties of any nonpublic
personal information about you.</p>
Waiver
<p>You acknowledge and agree that by entering into this Arbitration Agreement:</p>
<ol>
<li>
<p>YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE
ANY DISPUTE ALLEGED.</p>
</li>
<li>
<p>YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN SMALL
CLAIMS COURT, RESOLVE ANY DISPUTE.</p>
</li>
<li>
<p>YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A CLASS REPRESENTATIVE
OR PARTICIPATE IN A CLASS ACTION.
ANY DISPUTE MAY NOT BE
CONSOLIDATED WITH THE DISPUTE OF ANOTHER PERSON.</p>
</li>
</ol>
Class Waiver
<p>Except as provided below, all disputes against us and/or related third parties shall be resolved by
binding arbitration only on an individual basis with you.
THEREFORE, THE ARBITRATOR SHALL NOT
CONDUCT CLASS ARBITRATION.
THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE,
AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE
ARBITRATION.</p>
Notice and Choice of Arbitrator
<p>Any party to a dispute, including related third parties, may send the other party written notice by
U.S.
Certified Mail of their intent to arbitrate, along with the subject of the dispute and the
relief requested, even if a lawsuit has been filed.
Regardless of who demands arbitration, you shall
have the right to select any of the following arbitration organizations to administer the
arbitration: the American Arbitration Association (+1 (800) 778-7879)
JAMS (1-800-352-5267).
However, the parties may agree to select a local
arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an
arbitration association and arbitrate pursuant to such arbitrator’s rules.
The party receiving
notice of arbitration will respond in writing by U.S.
Certified Mail within twenty (20) days.
If you
demand arbitration, you must inform us in your demand of the arbitration organization you have
selected or whether you desire to select a local arbitrator.
If related third parties or we demand
arbitration, you must notify us within twenty (20) days in writing by U.S.
Certified Mail of your
decision to select an arbitration organization or your desire to select a local arbitrator.
If you
fail to notify us, then we have the right to select an arbitration organization.
The parties to such
dispute will be governed by the rules and procedures of such arbitration organization applicable to
consumer disputes, to the extent those rules and procedures do not contradict the express terms of
your Loan Agreements, including the limitations on the arbitrator herein.
You may obtain a copy of
the rules and procedures by contacting the arbitration organizations listed above.</p>
Arbitration Fees and Hearing
<p>Regardless of who demands arbitration, at your request we will advance your portion of the
arbitration expenses, including the filing, administrative, hearing and arbitrator’s fees
(“Arbitration Fees”).
Throughout the arbitration, each party shall bear his or her own attorneys'
fees and expenses, such as witness and expert witness fees.
The arbitrator shall apply applicable
substantive law consistent with the Federal Arbitration Act (“FAA”), and applicable statutes of
limitation, and shall on or claims of privilege recognized at law.
The arbitration hearing will be
conducted in the county of your residence, or within 30 miles from such county, or in such other
place as mutually agreed by the parties or ordered by the arbitrator.
The arbitrator may decide,
with or without a hearing, any motion that is substantially similar to a motion to dismiss for
failure to state a claim or a motion for summary judgment.
In conducting the arbitration proceeding,
the arbitrator shall not apply any federal or state rules of civil procedure or evidence.
If the
arbitrator renders a decision or an award in your favor resolving the dispute, then you will not be
responsible for reimbursing us for your portion of the Arbitration Fees, and we will reimburse you
for any Arbitration Fees you have previously paid.
If the arbitrator does not render a decision or
an award in your favor resolving the dispute, then the arbitrator shall require you to reimburse us
for the Arbitration Fees we have advanced, not to exceed the amount which would have been assessed
as court costs if the dispute had been resolved by a state court with jurisdiction, less any
Arbitration Fees you have previously paid.
At the timely request of any party, the arbitrator shall
provide a written explanation for the award.
The arbitrator’s award may be filed with any court
having jurisdiction.</p>
Small Claims Court Exception
<p>All parties may ask a small claims court to decide a Dispute that meets the requirements of the
Small Claims Court, so long as no party to the small claims court lawsuit seeks to recover damages
beyond the jurisdiction of the small claims court.
If you file a small claims court lawsuit against
us, then we lose the right to elect arbitration of your Dispute (but not of other persons'
Disputes), however you may not consolidate or join the claims of others.
Any Dispute, which is
outside the jurisdiction of a small claims court, shall be resolved by binding arbitration.
Any
appeal of a judgment from a small claims court shall be resolved by binding arbitration.</p>
Interstate Commerce
<p>This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall
be governed by the FAA.
If a final, non- appealable judgment of a court having jurisdiction over
this transaction finds, for any reason, that the FAA does not apply to this transaction, then our
agreement to arbitrate shall be governed by the arbitration law of the State of Delaware.</p>
Miscellaneous
<p>This Arbitration Agreement is binding upon and benefits you, your respective heirs, successors and
assigns, and is binding upon and benefits us, our successors and assigns, and related third parties.
This Arbitration Agreement continues in full force and effect, even if your Loan has been paid or
discharged through bankruptcy.
In the event that any of this Arbitration Agreement is held
unenforceable, the remainder of the Arbitration Agreement shall be in full force and effect.</p>
Opt-out Process
<p>You may choose to opt out of and not be subject to this Arbitration Agreement.
You must notify us in
writing within ninety (90) days of the date of this Agreement at the address shown in the
Contact Us section.
Your written notice must include your name, address, transaction number,
phone number, the date of this Agreement, and a statement that you wish to opt out of this
Arbitration Agreement.
Your notice to opt-out will only apply to this particular transaction with us
and not to subsequent or previous transactions.
No one may reject the Arbitration Agreement on your
behalf.
This is the only way you can reject the Arbitration Agreement.
Rejection of the Arbitration
Agreement will not affect your right to credit, how much credit you receive, or any contract term
other than the Arbitration Agreement.</p> Ready to get Your Loan? Apply Now! <i>
</i>
<ul>
<li>Privacy Policy</li>
<li>Terms &.
Conditions</li>
</ul>
<ul>
</ul>