Terms of Use for Consumer Users
Effective Date: July 2017
Please print and retain a copy of this agreement for your records.
Material Disclosures
By using this website, you accept and agree to these Material Disclosures as well as the provisions of our Privacy Policy, our Terms of Use and our Disclosure and Agreement for Electronic Disclosures and Communications, which are incorporated by reference.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT, AS WELL AS OUR PRIVACY POLICY AND AGREEMENT FOR ELECTRONIC DISCLOSURES AND COMMUNICATIONS IN THEIR ENTIRETY BEFORE ACCESSING OR USING THIS WEBSITE.
THS DOCUMENT ALSO CONTAINS VERY IMPORTANT INFORMATION ABOUT SHOPPING FOR THE BEST LOAN FOR YOU AND INDIAN TRIBE LENDERS.
“We,” “Us”and “Our” mean the operator of this website, as well as its affiliates. “You” means the person or persons who use or submit registration information on this website.
You agree that the registration information submitted by you on this website will be shared, either directly or through intermediary entities, with one or more third-party lenders, who may pull consumer reports on you. We describe how your information is shared in our Privacy Policy, which you should carefully review. We do not take loan applications, make loans or make credit decisions in connection with loans. We are not a lender, loan broker or agent for any lender or loan broker. We are a marketing lead generator and advertising referral service. We do not charge you any fee. The third-party lenders, as well as lead aggregator entities,have the option to purchase a given lead from us. The selection of a third-party purchaser to acquire your information may be determined by a comparison of your registration information with available loan products. The position of each potential purchaser may also be determined by the price the purchaser is willing to pay for the information (e.g., the higher the price, the better the purchaser’s position). There is no guarantee that you will be accepted by a lender, and we do not endorse any lender. We are not an agent for you or for any lender, and we do not control and are not responsible for the actions of any lender. Your lender is legally required to provide you with loan documents, and the terms of your loan, including rates and charges. Each lender has its own terms and policies. Always carefully review all loan terms and policies provided by your lender and rely on your own judgment as to whether to obtain a loan. For details, questions or concerns regarding your loan please contact your lender directly.This service and offer are void where prohibited.
Indian Tribe Lenders.Your lender may be an Indian tribe or affiliated with a tribe (referred to in these Material Disclosures as a tribal entity). Often, you can tell a loan is made by a tribal entity by reviewing the governing law and arbitration provisions in the tribal entity’s loan agreement. You should carefully read the loan agreement and other documents and information provided by each lender. If you don’t understand a provision, consult a trusted advisor for an explanation of the provision and to learn how it affects you. In many cases, the governing law provision in a tribal entity’s loan agreement will indicate that the loan is governed by the law of the tribe, not state or federal law. This may mean that the tribal entity takes the position that state laws do not apply to it because of tribal sovereignty. State laws that the tribal entity may not comply with include usury laws (that is, interest limits). The arbitration provision in a tribal entity’s loan agreement may indicate that disputes will be resolved by mandatory arbitration in accordance with the laws of the tribe; borrower claims may not be brought in state or federal court; and that borrowers are prevented from joining together to sue or arbitrate. These provisions may result in a higher cost product with less legal recourse for you. As a general matter, you should shop many lenders on cost (for example, fees and interest rate) and loan terms (for example, mandatory arbitration) and pick the loan product that is the best deal on the best terms for you. You should not commit to a loan until after you have shopped a number of lenders.
Third-party lenders may perform credit checks with credit reporting bureaus or obtain consumer reports, typically through alternative providers to determine credit worthiness, standing and/or credit capacity.Depending on the way a particular consumer reporting agency calculates your credit score, inquiries by potential lenders to consumer reporting agencies, particularly a large number of inquiries, may negatively affect your credit score. Because people often shop for rates when making a home or auto purchase, credit scores often are adjusted so that inquiries for those reasons that occur with a short period of time as counted as a single inquiry, limiting the impact of the inquiries on the credit score. You can learn more about your credit scores, and how inquiries can affect your scores, at myfico.com.
YOU ARE EXPRESSLY AUTHORIZING OUR THIRD-PARTY LENDERS TOOBTAIN CONSUMER REPORTS ABOUT YOU FROM ONE OR MORE CONSUMER REPORTING AGENCIES.
In order torespond to your inquiry, third-party lenders require your consent to both use and accept your electronic signature, records and disclosures. By assenting to our terms and policies, you expressly acknowledge and agree that: (i) third-party lenders may process your information and interact with you electronically (including through electronic notices) during all digital interactions; (ii) you have received and understand this electronic consent and that you agree to conduct transactions utilizing electronic signatures, disclosures, records and contracts; (iii) once provided, your consent to utilize our advertising service and to conduct business electronically may not be withdrawn, although you may do so with a third-party lender (your consent to electronic disclosures is required to receive the services that you have requested from third-party lenders); and (iv) you will inform third-party lenders of any amendments to your electronic or mailing address. Disclosures may be provided online on our website or via the website of a third-party lender, and may also be provided via electronic mail. Please contact third-party lenders directly for paper copies of disclosures. All such disclosures should be maintained pursuant to applicable law and provided free of charge. Your consent applies to all digital interactions between you and third-party lenders, including via mobile device. Consider whether you possess the required software and hardware capabilities prior to deciding to conduct business electronically, including, but not limited to, Internet access, browsing software that supports no less than 128 bit encryption, a PDF file reader and a printer. Please inquire directly with third-party lenders for inquiries regarding all such technological requirements.
THIS WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES OF THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY. WE AND THOSE PURCHASING A LEAD FROM US, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY LENDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY OF THE INFORMATION, PRODUCTS AND SERVICES OF THE WEBSITE.
YOU AND WE AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION as follows (Not applicable to California transactions):
ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM US, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against us, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, contractors, successors or assigns of us, as well as the administrator, service agreement administrator, issuer or provider. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The federal arbitration act (9 U.S.C. § 1 et seq.) and not any state law applies to this arbitration agreement.
For claims of $10,000 or less, the party bringing the claim can choose the AAA’s rules for binding arbitration or, alternatively, can bring an individual action in small claims court.
YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that you may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any claim. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.
If for some reason the prohibition on class arbitrations set forth in Subsection C cannot be enforced, then the agreement to arbitrate will not apply.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.
YOU ACKNOWLEDGE AND AGREE THAT YOU EXPRESSLY ASSENT TO THE TERMS HEREOF, INCLUDING, WITHOUT LIMITATION, TO DO BUSINESS WITH THIRD-PARTY LENDERS ELECTRONICALLY.
Please print and retain a copy of this agreement for your records.
