Legal
Legal
It is our responsibility to ensure that our lending practices are compliant with all applicable laws and regulations, and we take this responsibility very seriously.
Crediterium aims to provide our customers with a safe and transparent lending experience. We believe that this approach not only protects our customers, but also helps to strengthen the entire lending industry and build trust with the community.
At Crediterium, we are committed to providing our customers with responsible and ethical lending practices, and we will continue to adhere to all legal standards and regulations to ensure that we uphold this commitment.
How we may use the information we obtain from you, including your rights and our commitments.
The term “Us” or similar refers to any company part of the Crediterium group and collectively, all of its subsidiaries.
This privacy policy (the “Policy” or “Privacy Policy”) stated below is intended to replace and supersede any privacy policy previously delivered to you or appearing on our website, any transaction agreement, application, loan document or any other document previously delivered to you. If there are conflicts between this Policy and any other policy, we have delivered to you, the terms of this Policy shall control until revised. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). Please be sure to review The Terms and Condition of the Use of this Website.
This notice provides important information about the way we collect, share, and protect your information. This privacy policy applies to anyone who applies for or uses our products or services, or visits our websites, including, but not limited to, current and former users. This statement shall describe our sharing practices when you become a user of the website.
Purpose
The purpose of this Privacy Policy is to describe how we collect, use and share information about you through our interfaces (e.g.: websites and mobile applications) owned and controlled by us, including this website accessed through any URL provided by us or any third party (collectively referred to herein as the “Website”). Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to contact us.
This Website
This Privacy Policy applies only to information we collect at and through the Website. Our Website may also contain links to third party sites that are not owned or controlled by us; and we are not responsible for the privacy practices of such other sites. Please be on notice that when you leave our Website you should review the privacy statements of each and every website that collects personal information. Please note that your use of our Website is also subject to our Terms and Conditions).
Information that the company collects
We collect personal identifiable information (“PII”), including, but not limited to, non-public personal information that you provided as well as other types of personally identifiable information from you and from other sources as described herein which may include your name, address, telephone number, email address, social security number, date of birth, employment information, your bank account information, etc. (collectively, “Your Information”). Our primary goal in collecting your Information is to assist with positvely identifying you to ensure loan applications we receive are real and made in good faith. Your Information also guides our underwriting process and allows us to determine whether we will be able to service your loan application. We also may use Your Information to personalize and improve your customer experience with Us.
In addition, we may use Your Information to accommodate and assist in your request to access to direct lenders and third party service providers for products and services you are or may be interested in. This may include sharing Your Information with non-affiliated third parties. Please note that third parties that receive Your Information maintain their own privacy policies and policies regarding information sharing and you should contact those third parties directly regarding their policies and to limit their sharing of Your Information.
In addition, We may collect and/or track the following types of information: (i) Information we receive from you on applications or other forms, such as transaction documents, bank statements, employment verification forms, sales documents, online forms, e-mails, registration forms, surveys, or other documents or submissions related to the products and services we provide, including your name, address, telephone number, social security number, driver’s license number, email address, employment information, demographic information, bank account information, and information about your assets, debts and income, (ii) information about your transactions with us, our affiliates such as your account history, transaction balances, payment history, overdraft history, parties to transactions, and your reasons for doing business with us; (iii) information we receive from third parties, such as consumer reporting agencies and other lenders, regarding your credit worthiness and credit history, and to verify your identity; (iv) information we obtain to verify representations made by you, such as your employment history or income; (v) Information obtained from home server domain names, IP address, type of client computer, and type of Web browser; (vi) Information you provide via email, documents or online application or to any representatives.
Information You Provide to Us: We collect information you provide to us, for example when you create or modify your account, register to use our Website, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: Name; Home address; Email address; Home, work; and mobile telephone numbers; Credit card number; Bank and/or other account numbers; Date of Birth; Social Security Number; Driver’s License or other national, state, or government ID numbers; and Salary and other financial information. If information is provided to a third-party website, it may be collected by us.
Information We Collect Automatically: Location Information and Your Internet Protocol (IP) address.
Information Collected Through Cookies and Similar Technologies: We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Website again, the cookie allows the Website to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, identify and prevent fraud; and providing relevant advertising to you.
No Information From Children Under Age 18: If you are under the age of 18, please do not try to register with us at this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will promptly delete that information.
How the Company uses and shares your information
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
To Provide Products, Services, and Information. We collect information from you so that we can provide loan products and services that you apply for using the Website, provide information that you request from us, and setup your online account so you can manage your account details online. We may use your personal information to contact you about your account, evaluate your credit, underwrite your loan, fund your loan, make payments on your loan, and to setup your online account. We may send you information about our products and services, and new offerings.
Traditional and Alternative Credit Bureaus. We may share your information about you and your account to credit reporting agencies and bureaus. This may include both on-time and late payment, missed payment, or other defaults on your account, and this information may be reflected on your credit history and or report.
Sharing with Third Parties. We may provide information to third party service providers that help us operate and manage our Website. These service providers will have access to your personal information in order to provide these services, but when this occurs, we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service with the minimum possible disclosure of Your Information.
Advertising. We may use how you browse and shop in order to show you ads for products or services that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our site or third-party sites not owned by the Company.
Your consent
In addition to the sharing described elsewhere in this Policy and in your loan documents, your personal information may be shared with companies, organizations or individuals outside of the Company when we have your consent to do so.
Information access and your choices
For any questions or requests about personal information you may have or to update your information, please contact the Company at the number or email provided in the Contact us page. You have the ability to opt-out of receiving marketing and promotional e-mails from the Company by choosing the opt-out or unsubscribe feature contained in any marketing emails we sent directly or through our partners.
Account Closure
If you have paid off your balance in full you can close your account at any time. You can ask for your account be closed through email, phone, U.S. mail. If you close your account, certain information may be retained by the company for compliance, marketing or advertisement purposes. Also, a copy of the information is maintained for record keeping purposes, and to avoid identity theft or fraud.
Notice of furnishing negative information
WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS OR CREDIT REPORTING AGENCIES. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT OR OTHER REPORTS THAT CONTAIN INFORMATION ABOUT YOUR CREDIT, CREDIT HISTORY OR PAYMENT HISTORY
Email, communications and telemarketing
By registering, using or submitting Your Information on this Website, you may receive emails or calls on your mobile number in response to your information provided that you gave your express consent to receive calls. You expressly acknowledge that Company may provide Your Information to Third Parties for promotional offers and marketing by email or telemarketing calls. We may advertise, directly or indirectly, to you using telephones and cell phones even if your telephone number or cell phone number is maintained on a state or federal do not call registry.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
By using our Website, you agree that such usage and requests for products and services constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”) or the Telephone Consumer Protection Act as amended (TCPA). Also, you authorized us to contact you via telemarketing in accordance with the ATSR or TCPA.
Subscriber text messaging originator opt-in data and consent details will not be shared with any third parties except when explicitly authorized by the subscriber or required to meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
Information security
We use physical, technical and administrative security measures and safeguards to ensure the confidentiality, integrity and availability of your personal information that meet or exceed industry standards. However, no measure of security is 100% secure, the Company does not guarantee the security of any information you transmit to us. It is possible that information may can be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. You are encouraged, and it is your responsibility, to protect the security of your login and password information.
Legal matters
We will share personal information with third party companies, organizations or individuals outside of the Company if we have a good-faith belief the disclosure, use or access to the information is reasonably necessary to: (i) Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request. (ii) Enforce applicable Terms of Use, including investigation of potential violations., (iii) prevent, discover or find out fraud, security or technical issues, or; (iv) Protect against harm to the rights, property or safety of the Company, our users, customers or the public as required or permitted by law.
Please feel free to contact us with any questions: If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please contact us at the email or number provided in the Contact Us section of this website.
Terms and conditions that govern our consumer loan services including general information about our services.
Companies part of the Crediterium group and its subsidiaries (collectively “Us”, “We” or similar term) collect and store information according to the dispositions in the Privacy Policy; any Personally Identifiable Information (“PII”) collected and received from you through your loan application for our Services is submitted voluntarily by you. We are committed to the protection and security of your PII that you provide us or that we obtain about you from third parties with your consent. We have implemented administrative, technical, and physical safeguards to protect and secure your PII. More information regarding PII and its use on our Site and in our Services can be found in our Privacy Policy.
You agree not to provide any user information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component.
You give Us permission to verify the information you provided to us in your loan application for our Services. We may also use the information you provided to gather additional data related to your loan application for our Services. This information may come from a number of sources, including consumer reporting agencies and sources named in the loan application, and may be shared with our employees, affiliates, vendors, partners, and third parties as required to offer you a loan.
Important information about procedures for opening a new loan
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 with us for our Services. When you apply for a loan, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask for a copy of your driver’s license or other identifying documents, and we may use this information to verify your identity or other information you provide. This is expanded in our Anti-Money Laundering Policy.
Collection and use of bank account information
If we extend credit and provide our Services to you, we will consider the bank account information provided by you as eligible for us to process payments. In addition, as part of our information collection process, we may detect additional bank accounts under the ownership of you. We may consider these additional accounts to be part of the loan application process.
Credit reporting disclosure
We may make inquiries concerning your credit history and standing to third parties such as traditional and alternative credit reporting agencies, and may report information concerning your performance including, but not limited to, missed payments, or other defaults, to credit reporting agencies. Missed payments or other defaults on your loan may be reflected in your credit report.
Accuracy of your account information
In keeping with industry standards, we have procedures to ensure that your financial information is accurate, current, and complete. If you believe our records contain inaccurate or incomplete information about you, please notify us. We will investigate your concerns and correct any information we determine to be inaccurate.
Contact and marketing preferences
We may contact you by several methods, including but not limited to, electronic mail to any email address you provide, regular U.S. Postal mail to any address we have on file, calling you at any number you provide to us with an auto-dialer or pre-recorded message, and text messaging or via other mobile communications method, if you have provided your mobile telephone number to us. We may use one or all of these methods to contact you about your loan or application for our Services, inform you of promotions, savings, and/or services we believe may interest you, remind you of upcoming payments, and to communicate with you regarding collections and other loan-related issues.
It is your responsibility to keep your contract information up to date with Us. If we are unable to reach you using the contact information we have, we may reach out to third parties to obtain updated contact information for you. You authorize Us and Our authorized representatives to call you using a predictive dialer or other automated telephone dialing device during reasonable hours at any of the phone numbers you provide to us by pre-recorded message or live representative. However, you are not required to provide this authorization as a condition of entering into your loan. You may update your contact information and preferences by reaching our using the mechanisms described in the Contact Us section.
Certification and release
By consenting to the Terms of Use, you certify that the information you provide to Us is true, complete, and correct. You authorize Us, Our authorized representatives, servicers, and/or assignees to verify the information by contacting any of the persons or firms listed by you. You fully release all parties from claims of damage that may arise out of or relate to any such contacts. Any false information submitted by you shall be sufficient reason for denial of your request for our Services.
Conditions governing the use of our website and other online services we provide.
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.
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.
The term “Us”, “Company” or similar refers to any company part of the Crediterium group and collectively, all of its subsidiaries.
Purpose
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 and could be in violation of 18 U.S.C § 1030 among others.
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.
Ownership of Site
Agreement to Terms of Use for 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.
Access
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 TLS industry standard encryption. In addition, our TLS certificates are issued by Certificate Authorities that fully implement Certificate Transparency Version 2.0 or better. We employ Certificate Pinning to help prevent third parties from intercepting your access to The Site.
We have also deployed technologies including Domain Name System Security (DNSSEC), DNS-Based Authentication of Named Entities (DANE) and HTTP Strict Transport Security (HSTS) in an attempt to make Your access to The Site as secure as possible.
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 your personal information through unsecure forms of communication. Please contact our customer service department, for any questions regarding your application or account.
Privacy
Please see Our Privacy Policy for the terms applied to your use of this Site. The terms of Our Privacy Policy are expressly incorporated by reference.
Consent to Electronic Communication or Consent to be Contacted
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 to 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 your behalf regarding your account or the Terms. You may change your contact preferences by contacting us as explained in your loan agreement.
Computer Equipment
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 recent versions of all major browsers.
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.
Cookies
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.
You are responsible for managing your browser’s preferences regarding storage and use of cookies, as well as ensuring that any persistent website information is removed from your computer as needed.
Account Access, Passwords/Logins and Registration
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.
Information security
You understand and acknowledge that a username and password is an adequate level of security when used responsibly, according to the guidelines provided here.
However, you also understand and acknowledge that no 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.
Submissions, Reviews, Feedback and other Postings to the Site
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.
Copyright Notices
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.
Trademark Notices
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.
Web Content and Materials
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.
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.
Potential Disruption of Service
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 or performance of the Site.
Limitation of Liability
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 REPRESEßNTATIONS 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.
Enforceability
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.
Indemnification
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.
Waiver of Jury Trial and Arbitration Provision
THIS ARBITRATION AGREEMENT IS BETWEEN You (“You” or “Your”), and any company partt of the Crediterium group or its subsidiaries (collectively referred to as “Us”, “Lender” or similar terms). 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”).
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:
Disputes
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.
Waiver
You acknowledge and agree that by entering into this Arbitration Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED.
YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT, OTHER THAN SMALL CLAIMS COURT, RESOLVE ANY DISPUTE.
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.
Class Waiver
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.
Notice and Choice of Arbitrator
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:
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.
Arbitration Fees and Hearing
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 their 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 honor claims of privilege recognized at law. The arbitrator’s decision shall be based on the merits of the case and shall provide a written explanation of the factual and legal basis for the decision. The parties agree to keep the arbitration proceedings confidential and agree not to disclose any information related to the arbitration to any third party except as required by law. This agreement to arbitrate shall survive the termination of the Loan Agreementsand any subsequent modifications thereof. If any portion of this agreement to arbitrate is deemed invalid or unenforceable, the remaining portions shall remain in force.
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 parties agree to make every effort to schedule the arbitration hearing within a reasonable time after the filing of a demand for arbitration. The arbitration hearing may be conducted in person, by telephone, or by video conference, as determined by the arbitrator. Each party shall be responsible for its own costs and expenses associated with attending the arbitration hearing, including travel and lodging expenses. If either party requests a stenographic record of the proceedings, that party shall be responsible for the cost of the record.
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.
Small Claims Court Exception
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.
Interstate Commerce
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.
Miscellaneous
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.
Arbitration Opt-out Process
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.