[SiteName] Terms & Conditions

 

[SiteName] is dedicated to offering the fastest and most hassle-free lending available. Our simple loan process is designed to get you the money you need, when you need it most. Here are our terms and conditions:

Terms of Use

Last Update April 25th, 2014

These terms of use apply to your use of the services offered or made available by [SiteName]. All future changes in the [SiteName] website at the time you create an account will be incorporated by reference into the Terms of Use and will take effect as specified in the applicable update. If you apply for a loan with [SiteName] and are issued credit pursuant to the [SiteName] Consumer Loan and Arbitration Agreement (“Loan Agreement”), the terms of the Loan Agreement will apply to your receipt and repayment of such [SiteName] Credit. A copy of credit terms and any legally required disclosures will be provided to you when you are successfully approved for [SiteName] Credit. The terms of the Loan Agreement will control in the event of any conflict between these Terms of Use and the Loan Agreement

If you create an account with [SiteName], your account will be governed by the Terms of Use and You agree that any use by you of the Services offered by [SiteName] shall constitute your acceptance of the Terms of Use. We recommend that you store or print-off a copy of the Terms of Use (including all policies) for your records.

The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions, and we have provided them in the text of these Terms of Use. You will also find underlined words in these Terms of Use and on our website that hyperlink to relevant information.

Our Relationship with you

1.1 The company. [SiteName]’s business is the issuance of short term consumer loans.

1.2 Your Privacy. Protecting your privacy is very important to [SiteName] Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.

1.3 Intellectual Property. The URLs representing the [SiteName] website(s), “[SiteName],” and all related logos of our products and services described in our website(s) are either copyrighted by [SiteName], trademarks or registered trademarks of [SiteName] or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by [SiteName], service marks, trademarks, and/or trade dress of [SiteName] You may not copy, imitate, modify, alter, amend or use them without our prior written consent. All right, title and interest in and to the [SiteName] website and any content thereon is the exclusive property of [SiteName] and its licensors.

1.4 Assignment. You may not transfer or assign any rights or obligations you have under these Terms of Use without [SiteName]’s prior written consent. You are not permitted to transfer your Account to a third party. [SiteName] reserves the right to transfer or assign these Terms of Use or any right or obligation under these Terms of Use at any time without your consent. You will be provided written notification pursuant to Section 1.5 below of any such assignment.

1.5 Notices to You. You agree that [SiteName] may provide notice or other information to you by posting it on the [SiteName] website(s) (including the posting of information which is only accessed by you by logging into your Account), emailing it to the email address listed in your Account, mailing it to the street address listed in your Account, calling you by phone, or sending you a “text” / SMS message. You must have internet access and an e-mail account to receive communications and information relating to the Services. With the exception of amendments to these Terms of Use, such notice shall be considered to be received by you within 24 hours of the time it is posted to the [SiteName] website(s) or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a copy of any legally required disclosures (including these Terms of Use) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by e-mail) and you may terminate your consent to receive required disclosures through electronic communications by contacting [SiteName] as described in section 1.6 below. [SiteName] may charge you a reasonable fee to provide a paper copy. [SiteName] reserves the right to close your Account if you withdraw your consent to receive electronic communications.

1.6 Notices to [SiteName] Notices to [SiteName] made in connection with these Terms of Use must be sent by postal mail to: [SiteName], [SiteAddress], [SiteCity], [SiteState], [SiteZip].

1.7 Transaction History. Unless your Account is restricted, you can access your details of executed payment transactions and other information relating to your Account transaction history and Balance by logging into your Account. See Section 3.1 of these Terms of Use for more information about accessing your Account information.

1.8 Amendments to these Terms of Use. We may, at any time amend, delete or add to these Terms of Use (a “Change”) by giving notice of such Change by posting a revised version of these Terms of Use on the [SiteName] website(s). A Change will be made unilaterally by us and you will be deemed to have accepted the Change after you have received notice of it. We will give you notice of any Change with the Change taking effect once the notice period has passed, except the notice period will not apply where a Change relates to the addition of a new service, extra functionality to the existing Service or any other change which we believe in our reasonable opinion to neither reduce your rights nor increase your responsibilities. In such instances, the Change will be made without prior notice to you and shall be effective immediately.

If you do not accept any Change, you must close your Account. If you do not object to a Change by closing your Account within the notice period, you will be deemed to have accepted it. While you may close your Account at any time and without charge, please note that you may still be liable to us after you terminate these Terms of Use for any liabilities you may have incurred, including amounts and fees owed, and are responsible for prior to terminating these Terms of Use.

2. Eligibility and Types of Accounts

2.1 Eligibility. To be eligible for our Services, you must (i) be a resident of the United States; (ii) have full legal capacity to enter into a contract; and (iii) be an individual at least 18 years old. You further represent and warrant to us in opening an Account with us that you are not acting on behalf of, or for the benefit of, anyone else.

3. Account Balances and Transaction Information

3.1 Balances and transaction information. You may check your Balance by logging into your Account. Key information relating to your payments will be provided to you electronically and your transaction history will also be updated and made available to you at any time by logging into your Account. [SiteName] reserves the right to charge a reasonable fee for providing you with additional information or for providing the transaction history and other information in a different way. The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example by printing a copy.

4. Term and Closing Your Account

4.1 Term. The term of these Terms of Use is for a period of time when you successfully register for a [SiteName] account until these Terms of Use is terminated for whatever reason. You may not close your Account to evade an investigation. You will remain liable for all obligations related to your Account even after the Account is closed.

5. Restricted Activities

5.1 Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with [SiteName], or its agents or affiliates, you will not:

You agree that engaging in the above Restricted Activities diminishes [SiteName] customers’ safe access and/or use of the Service generally.

5.2 Keeping your Account Safe. You agree to perform the following actions to keep your Account safe:

6. Your Liability - Actions We May Take

6.1 Your Liability.

6.2 Actions by [SiteName]. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect [SiteName], a third party, or you from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

Unless otherwise directed by us, you must not use or attempt to use your Account while it is suspended or has been closed. You remain liable under these Terms of Use in respect of all charges and other amounts incurred through the use of your Account at any time, irrespective of termination, suspension or closure.

Unless otherwise directed by us, you must not use or attempt to use your Account while it is suspended or has been closed. You remain liable under these Terms of Use in respect of all charges and other amounts incurred through the use of your Account at any time, irrespective of termination, suspension or closure.

6.3 Account Closure and Limited Access. At our sole discretion we may close your Account and terminate these Terms of Use with you at our convenience by providing you with prior notice. We may also close your Account and terminate these Terms of Use at any time where you are in breach of the terms of these Terms of Use. If we close your Account, we will provide you with notice of Account closure and where practicable, the reasons for closing your Account. If we suspect that your Account has been accessed without your authorization, we may also suspend, or limit, your access to your Account or the Services (such as limiting access to your ability to remove financial Information). If we otherwise limit access to your Account, we will provide you with notice and opportunity to request restoration of access, if appropriate.

6.4 Information About You

7. Errors and Unauthorized Transactions

7.1 Identifying Errors and/or Unauthorized Transactions. You can inspect your transaction history by logging in to your Account on the [SiteName] website. You must immediately notify us if you have reason to believe that any error has occurred on your Account. In order for you to notify [SiteName] immediately, we strongly recommend that you monitor your Account closely on a regular basis. We will not seek to hold you liable for any unauthorized use of your Account by any person provided that we are satisfied that you have not acted deliberately so as to enable any third person to gain access to your [SiteName] ID and/or password/PIN while you are logged into the Services. We will hold you liable for unauthorized use of your Account if we have evidence that you acted deliberately so as to enable any third person to gain access to your [SiteName] ID and/or password/PIN; you acted fraudulently; or if you have with intent or gross negligence failed to comply with your obligations to use your Account in the manner set out in these Terms of Use.

7.2 Notifying [SiteName] of Errors Unauthorized Transactions and/or misappropriated or unauthorized use of your Account. You must notify us if you believe there has been or will be an error, misappropriated or unauthorized use of your Account, by telephoning [SiteName] Customer Service at the telephone number shown on the [SiteName] website(s), emailing us, or writing to [SiteName] at the address supplied on its website(s). If you initially provide information to us via the telephone, we may require that you send your complaint or question in writing within ten (10) Business Days after the phone contact. You must give us all the information in your possession as to the circumstances of any errors and/or misappropriated or unauthorized use of your Account and take all reasonable steps requested to assist [SiteName] in its investigation. We may provide third parties with information we consider relevant in such circumstances in accordance with our Privacy Policy.

7.3 Review of Reports of Errors. We will advise you of the results of our investigation within twenty (20) Business Days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to sixty (60) Business Days to investigate your complaint or question.

At the end of our investigation, we will advise you of the results in writing within three (3) Business Days

7.4 Errors. If we discover a processing error, we will rectify the error. If a payment was made to your banking account(s) by way of mistake, [SiteName] may correct the mistake by debiting or crediting (as the case may be) your appropriate account(s). If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable to refund any amount as a result of carrying out a defective or non-executed payment transaction and for your losses or damages directly and reasonably foreseeably caused by this failure, unless:

Notwithstanding any other term of these Terms of Use, [SiteName] will not be held liable for the non-execution or defective execution of a payment transaction if you have failed to notify [SiteName] of such an incorrectly executed payment transaction without undue delay on becoming aware of such incorrectly executed payment transaction.

8. Disputes with [SiteName]

8.1 Contact [SiteName] First. If a dispute arises between you and [SiteName], our goal is to learn about and address your concerns and, if we are 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 [SiteName] regarding our Services may be reported to Customer Service online via the "Email Us" link on the "Contact Us" page at any time, or by calling the Customer Service telephone number located on the [SiteName] website(s) and by logging into your Account.

8.2 Disputes. We will follow and you agree to follow our policy of arbitrating all disputes, including the scope and validity of this Arbitration Provision. In general, binding arbitration is a process in which persons with a dispute waive their rights to file a lawsuit in a court and waive their rights to have a jury trial. Instead, the parties agree to submit their disputes to a neutral third person (an "arbitrator") for a decision. Arbitration proceedings are private and less formal than court proceeding. Each party to a dispute has an opportunity to present their evidence to the arbitrator regarding the dispute. After considering each party's evidence and arguments, the arbitrator then issues a final and binding decision resolving the dispute. As part of agreeing to arbitrate any dispute, you explicitly waive any right you may have to participate in any class action against us.

THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:

  1. For purposes of these Terms of Use, 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 Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all tribal, federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to these Terms of Use, the information You gave Us before entering into these Terms of Use, including the customer information application, and/or any past agreement or agreements between You and Us; (c) all counterclaims, cross-claims 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 tribal, state or federal constitution, statute or regulation; (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, governors, 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 non-public personal information about You.
  2. You acknowledge and agree that by entering into this Arbitration Provision: 
    • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
    • YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
    • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
  3. All disputes including any Representative Claims 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.
  4. Any party to a dispute, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with 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) http://www.adr.org or JAMS (1-800-352-5267) http://www.jamsadr.com. The party receiving notice of arbitration will respond in writing by certified mail return receipt requested within twenty (20) days. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail return receipt requested of your decision to select an arbitration organization. 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 laws of the Habematolel Pomo of Upper Lake and such rules and procedures used by the applicable arbitration organization applicable to consumer disputes, to the extent those rules and procedures do not contradict the express terms of this Arbitration Provision or the law of the Habematolel Pomo of Upper Lake, including the limitations on the arbitrator below. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above.
  5. You have the right to request that arbitration take place within thirty (30) miles of Your residence or some other mutually agreed upon location, provided, however, that such election to have binding arbitration occur somewhere other than on Tribal land shall in no way be construed as a waiver of sovereign immunity or allow for the application of any other law other than the laws of the Habematolel Pomo of Upper Lake.
  6. Regardless of who demands arbitration, we will advance your portion of the arbitration expenses, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees") at your request. 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 Tribal law consistent with the Federal Arbitration Act (FAA), and applicable statutes of limitation, and shall honor claims of privilege recognized at law. 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. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorneys' fees and expenses. 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 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 is binding and not appealable.
  7. All parties, including related third parties, shall retain the right to enforce an arbitration award before the applicable governing body of the Habematolel Pomo of Upper Lake Tribe ("Tribal Forum"). Both You and We expressly consent to the jurisdiction of the Tribal Forum for the sole purposes of enforcing the arbitration award. The Tribe does not waive sovereign immunity.
  8. This Arbitration Provision is made pursuant to a transaction involving both interstate commerce and Indian commerce under the United States Constitution and other federal and tribal laws. Thus, any arbitration shall be governed by the FAA and subject to the laws of the Habematolel Pomo of Upper Lake. 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 laws of the Habematolel Pomo of Upper Lake Tribe.
  9. This Arbitration Provision is binding upon and benefits You, Your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits Us, Our successors and assigns, and related third parties. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect.

8.4 No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

8.5 limitations of Liability. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms of Use and our liability in these circumstances is limited as set out in the remainder of this section.

8.6 No Warranty. We provide the Services to you without any warranty or condition, express or implied, except as specifically stated in these Terms of Use. [SiteName] does not guarantee continuous, uninterrupted or secure access to any part of our Service. We shall not be liable for any delay in the failure in our provision of the Services under these Terms of Use. You acknowledge your access to the website(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. [SiteName] will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and debit and credit cards are processed in a timely manner. We make every effort to ensure that the information contained in our correspondence, reports, on the website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.

You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the [SiteName] Services.

8.7 Indemnification/Reimbursement. You agree to defend, reimburse or compensate us (known in legal terms to “indemnify “) and hold [SiteName], our other companies in our corporate group, the people who work for us or who are authorized to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your or your agents' breach of these Terms of Use, breach of any law and/or use of the Services.

8.8 Complete Agreement and Third Party Rights. These Terms of Use (including any Schedule) sets forth the entire understanding between you and [SiteName] with respect to the Service. Sections and terms which by their nature should survive, will survive the termination of these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

9. Definitions

"ACH" means the Automated Clearing House network.

"Account" or "[SiteName] Account" means a Personal Account.

"Agreement" means these Terms of Use including all subsequent amendments.

"Business Days" means a day (other than a Saturday or Sunday) on which banks in the United States are open for business (other than for the sole purpose of 24-hour electronic banking).

"Calendar Year" means 1 January to 31 December inclusive in any year.

"Days" means calendar days.

"Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, post/shipping address, phone number and financial information.

“Services” means the products, services, portals and websites offered or available to you by [SiteName]

"[SiteName] website(s)" means any URL through which we provide the Services to you.

"Personal Account" means an Account used primarily for personal, family, or household purposes.

"Policy" or "Policies" means any Policy or other agreement between you and [SiteName] that you entered into on the [SiteName] website(s), or in connection with your use of the Services.

"Policy Update" means a prior notice of Changes which [SiteName] may make available to you in writing.

"Restricted Activities" means those activities described in section 5 of these Terms of Use.

"User," "you" or "your" means you and any other person or entity entering into these Terms of Use with us or using the Service.

"Verified" means that you have completed our verification process in order to help establish your identity with [SiteName]