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Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE YOUR USE OF THE WEBSITES.

These Website Terms of Service (including any document incorporated by reference herein) for the Best Aid Inc. dba Pursuent Financial (“Best Aid Inc.”) websites, located at such websites as may be owned and/or controlled by Best Aid Inc. (collectively the “websites”) that contain these Website Terms of Service (the “Terms of Service”), constitutes a legal contract between you and Best Aid Inc. and covers all aspects of your use of the websites and, to the extent not superseded by the terms and conditions of any contract we may sign with you, of any product or service that we may supply to you.

 

1. Eligibility & Privacy

The products and services offered through the websites are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. BY CLICKING ANY “SUBMIT” OR OTHER BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.

Some of the products and services offered through the websites may be subject to additional terms and conditions, including those products and services offered by or through third-party providers including but not limited to our Lending Marketplace terms discussed later on. To the extent not inconsistent with these Terms of Service, these additional terms and conditions are hereby incorporated herein by reference; however, in the case of any inconsistency between these Terms of Service and any other document that is incorporated by reference herein, these Terms of Service shall control.

Best Aid Inc. has made a commitment to protecting the privacy of those who visit our websites and access the products and services available therein. Best Aid Inc.’s Privacy Policy is hereby incorporated herein by reference.

 

2. Products and Services

Certain of the websites function as an online marketplace where visitors can research and submit requests for debt resolution services and research different types of home and consumer loans, as well as other products and services. You understand and agree that if you submit a request for a product or service or for further information relating to a product or service offered through any of the websites, Best Aid Inc. will share such of your information as may be required in order to match you with selected providers of the products and/or services that you request.

By submitting your contact information to us, you are expressly consenting to be contacted by us or by one or more providers of products and services by telephone, email or postal mail 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.

 

3. Modification of These Terms of Service

Best Aid Inc. reserves the right to change, modify, add or remove portions of these Terms of Service at any time by posting amended Terms of Service. Please check these Terms of Service periodically for changes. Your continued use of any of the websites after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms of Service will be effective immediately and without further notice.

 

4. License Grants

Subject to your compliance with these Terms of Service, Best Aid Inc. hereby grants you a personal, limited, non-exclusive, non-transferable revocable license to use the websites for purposes of accessing the information and contacting the providers of the products and services contained therein.

Best Aid Inc. expressly reserves all rights not specifically granted herein, including but not limited to the right to exercise whatever lawful means it deems necessary or appropriate to prevent unauthorized use of the websites.

By using the websites, you hereby grant to Best Aid Inc. a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, royalty-free license to transfer, display, reproduce, distribute, modify and otherwise use your personal and other information, subject to the restrictions set forth herein (including Best Aid Inc.’s Privacy Policy).

 

5. Prohibited Conduct

By using the websites, you agree not to: Use the websites for any purpose other than to access the information and contact the providers of the products and services advertised therein; submit, transmit or facilitate the distribution of information or content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the websites or bypass the measures we may use to prevent or restrict access to the websites; take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; use any robot, spider, scraper or other similar system to access the websites; impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

 

6. Ownership & Proprietary Rights

The websites are owned and operated by Best Aid Inc. All content displayed on the websites, as well as all visual interfaces, graphics, designs, information, computer code (including source code or object code), software and all other elements of the websites are protected by United States copyright, trade dress, patent and trade/service mark laws, international conventions, where applicable, and all other relevant intellectual property and proprietary rights and laws. Except as otherwise specified on the websites, all content contained on the websites Is the property of Best Aid Inc. and/or Its third-party licensors. Except as expressly authorized by Best Aid Inc., you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of such content.

 

7. Links to Third-Party Sites; Dealings with Third Parties

The websites may include links or references to other web sites owned or operated by third parties with which Best Aid Inc. may have a relationship. Best Aid Inc. has no control over such third-party web sites and, thus, is not responsible for their availability, content or advertising, or any products or services available from such third parties. Your correspondence or business dealings with such third parties are solely between you and such third party. Access and use of such web sites is solely at your own risk.

Your correspondence or business dealings with any third parties, including, but not limited to, business dealings with credit counseling services, debt settlement services, mortgage brokers or lenders, insurance agents or carriers or any other product or service provider are solely between you and such third party. Best Aid Inc. is not responsible for any terms, conditions, warranties or representations associated with such dealings or liable for any loss or damage of any sort incurred as the result of such dealings.

By using the websites as directed, you are acknowledging that Best Aid Inc. does not make credit decisions in connection with any product or service offered to you, does not recommend, endorse, warrant or guarantee the products or services of any third party and is not party to any discussions that you may have or agreement that you may make with any third party. Best Aid Inc. does not charge anyone a fee to use the websites.

 

8. Termination; Exclusive Remedy

Best Aid Inc. at any time, in its sole discretion, for any or no reason, and without penalty or liability, may terminate your use of the websites and terminate any session. Best Aid Inc. may also in its sole discretion and at any time discontinue providing access to one or more websites. Any termination of access to the websites may be affected with or without prior notice, and Best Aid Inc. will not be liable to you or to any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Your sole and exclusive remedy with respect to any dissatisfaction with (i) the websites, (ii) any term or condition of these Terms of Service or (iii) any policy or practice of Best Aid Inc. in operating any website is to terminate your access to and discontinuing use of the websites.

 

9. Indemnification

You agree to indemnify, save and hold Best Aid Inc. and its contractors, employees, agents and its third party suppliers and business partners harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of your use or misuse of the websites, any violation by you of these Terms of Service or any breach of the representations, warranties and covenants made by you herein. Best Aid Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with Best Aid Inc.’s defense of any such claims. Best Aid Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

10. No Warranty; Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEST AID INC. AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEST AID INC. OR THROUGH THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE.

THE USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

NONE OF BEST AID INC. OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS WARRANT THAT ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY WEB SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY OF THE FOREGOING, IF PRESENT, WILL BE CURED OR STOPPED. YOUR USE OF THE WEBSITES OR ANY THIRD PARTY WEB SITES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH WEBSITES.

 

11. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BEST AID INC. OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITES OR ANY THIRD-PARTY WEB SITE OR ANY OTHER INTERACTIONS WITH BEST AID INC., EVEN IF BEST AID INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEST AID INC.’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

12. Release

BY YOUR USE OF ANY BEST AID INC. WEBSITE, YOU ARE AGREEING TO RELEASE AND DISCHARGE BEST AID INC. AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS AND EXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

13. Governing Law / Jurisdiction

In the event of a dispute between you and Best Aid Inc. that arises out of these Terms of Service or any product or service you obtain through the websites or companies to which Best Aid Inc. may refer you (a “Claim”), you and Best Aid Inc. agree to resolve that Claim in accordance with the procedures set forth below or as we may otherwise agree to in writing. Claims are subject to the laws of the state of Florida, United States of America, without regard to choice or conflicts of law principles.

Further, you and Best Aid Inc. agree to the jurisdiction of Miami-Dade County to resolve any dispute, claim, or controversy that relates to or arises in connection with the Claim (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration.

 

14. Arbitration Agreement

This Arbitration Agreement applies only to consumers in the United States.

 

15. Dispute Resolution & Arbitration

You and Best Aid Inc. agree that any dispute, claim, or controversy between you and Best Aid Inc. arising in connection with or relating in any way to a Claim or to your relationship with Best Aid Inc. (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after any relationship you have with Best Aid Inc.) will be determined by mandatory binding individual (not class) arbitration. You and Best Aid Inc. further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Service.

 

16. Exceptions

Notwithstanding the clause above, you and Best Aid Inc. both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.

 

17. No Class Or Representative Proceedings: Class Action Waiver

YOU AND BEST AID INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Best Aid Inc. agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award 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. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

 

18. Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Best Aid Inc. will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Best Aid Inc. agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Best Aid Inc. can also help put you in touch with the AAA.

 

19. Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to [legal@pursuentfinancial.com]. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Best Aid Inc. may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

 

20. Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 13 shall govern any claim in court arising out of or related to the Agreements.

 

21. Miscellaneous

 

22. Notice

Best Aid Inc. may provide you with notices by e-mail, regular mail or postings on any website. Notice will be deemed given twenty-four hours after e-mail is sent, unless Best Aid Inc. is notified that the e-mail address used is invalid. Alternatively, Best Aid Inc. may give you legal notice by mail to a postal address, if provided by you through any website. In such case, notice will be deemed given three (3) calendar days after the date of mailing.

 

23. Waiver and Severability of Terms

The failure of Best Aid Inc. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Best Aid Inc. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Service shall remain in full force and effect and the parties agree that such court should endeavor to give effect to the parties’ intentions.

 

24. Choice of Law; Forum

These Terms of Service shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. If you reside in Idaho these Terms of Service shall be governed in all respects by the laws of the State of Idaho.

Any claim or dispute you may have against Best Aid Inc. must be resolved by a court located in Miami, Florida, except as otherwise agreed by the parties or as described prior. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes. If you are located in Idaho you are exempt from this rule as Idaho consumers are bound by the laws of the State of Idaho.

All claims filed or brought contrary to aforementioned Arbitrations agreements or Choice of Law shall be considered improperly filed. Should you file a claim improperly, Best Aid Inc. may recover reasonable attorneys’ fees and costs, provided that Best Aid Inc. has notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly. This is not applicable to Idaho consumers.

 

25. Assignment

You may not transfer or assign any of your rights and obligations under these Terms of Service without the express prior written consent of Best Aid Inc., give in its sole discretion. However, you acknowledge and agree that Best Aid Inc. may freely and without restriction or limitation assign or transfer any of its rights and obligations under these Terms of Service.

 

26. Ownership of Information

If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Best Aid Inc. None of the Submissions shall be subject to any obligation of confidentiality on the part of Best Aid Inc., and Best Aid Inc. shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Best Aid Inc. shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

 

27. Entire Agreement

These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and Best Aid Inc. and govern your use of the websites, superseding any prior agreements between you and Best Aid Inc. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use or purchase certain products and/or services provided by Best Aid Inc. or one of Best Aid Inc.’s third party business partners.

 

28. Survival

The following paragraphs shall survive termination or your refusal to continue to use the Service: 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14.

License Grants, Ownership & Proprietary Rights, Dealings with Third Parties, Terminations, Indemnification, No Warranty, Limitation of Liability, Release, Arbitration and Governing Law sections, and Miscellaneous.

ADDITIONAL TERMS OF SERVICE: LENDING MARKETPLACE TERMS OF SERVICE

 

1. Introduction

By using this tool, you agree to the Engine by MoneyLion Terms of Service. You understand that all information provided is subject to the Engine by MoneyLion Privacy Policy.

ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE. SEE DISPUTE RESOLUTION; GOVERNING LAW BELOW FOR DETAILS.

BY COMPLETING AND SUBMITTING A LOAN REQUEST TO BE CONNECTED WITH A LENDER AND/OR LENDING PARTNER THROUGH THE WEBSITE (THE “SITE”), YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS THE PRIVACY POLICY POSTED TO THIS SITE, WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE. AS SUCH, YOU MUST READ THIS AGREEMENT AND THE PRIVACY POLICY BEFORE COMPLETING AND SUBMITTING YOUR LOAN REQUEST. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE AND THE PRIVACY POLICY, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE OUR LOAN CONNECTING SERVICE.

The terms and conditions stated in this Terms of Service Agreement (“Agreement”) govern your use of the loan connecting service (“Service”), as made available through the Site. Before downloading, accessing, or using any part of the Service, you should carefully review the following Agreement. We provide the Service to you only on the condition that you accept and agree to all of the terms and conditions stated in this Agreement. This Agreement will take effect at the moment you submit your Loan Request Form (“Loan Request Form”, “Loan Request”, “Request Form”, or “Form”) to be connected with one or more lenders and/or lending partners participating in our marketplace (“Marketplace Participants”), and/or begin downloading, accessing, or using the Service, whichever is earliest.

All references herein to “we” mean Best Aid Inc. dba Pursuent Financial including its successors and assigns, which operates the Site and the Service. All references herein to “Individual” or “you” refer to any user of this Site and the Service. PURSUENT FINANCIAL IS NOT A LENDER AND/OR LENDING PARTNER, DOES NOT BROKER LOANS, AND DOES NOT MAKE CASH ADVANCES OR CREDIT DECISIONS. THIS SITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO LEND. WE WILL SHARE YOUR LOAN REQUEST INFORMATION WITH ONE OR MORE MARKETPLACE PARTICIPANTS. WE DO NOT GUARANTEE THAT YOU WILL BE CONNECTED WITH A LENDER AND/OR LENDING PARTNER; ANY PARTICULAR LOAN PROGRAM; THAT YOU WILL RECEIVE A LOAN. WE DO NOT GUARANTEE THAT THE PRICE, PRODUCT, AVAILABILITY, RATES, FEES, OR ANY OTHER LOAN TERMS OFFERED AND MADE AVAILABLE BY MARKETPLACE PARTICIPANTS THROUGH THIS SERVICE ARE THE BEST TERMS AVAILABLE IN THE MARKET. NOT ALL MARKETPLACE PARTICIPANTS PARTICIPATING IN THIS SERVICE CAN PROVIDE YOUR REQUESTED LOAN AMOUNT OR THE MOST FAVORABLE REPAYMENT TERMS. YOU ARE PROVIDING EXPRESS WRITTEN CONSENT UNDER THE FAIR CREDIT REPORTING ACT FOR OUR LENDERS AND/OR LENDING PARTNERS WITH WHOM YOU ARE CONNECTED TO OBTAIN YOUR CONSUMER CREDIT REPORT FROM YOUR CREDIT PROFILE OR OTHER INFORMATION FROM CONTRACTED CREDIT BUREAU(S) ASSOCIATED WITH YOUR PRE-QUALIFICATION FOR CREDIT INQUIRY.

 

2. Eligibility Requirements

You must be at least 18 years of age (or the age of majority in your state of residence) to set up an Account. If you provide any false, inaccurate, untrue, or incomplete information in your Loan Request Form, we may immediately terminate your access to and use of the Service. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Loan Request Form. THE SERVICE IS NOT AVAILABLE TO RESIDENTS OF CONNECTICUT, NEW HAMPSHIRE, WASHINGTON & VERMONT OR TO ACTIVE MEMBERS OF THE MILITARY.

 

3. Loan Request Process

The Service attempts to connect Individuals who complete and submit a Loan Request with one or more Marketplace Participants. To use the Service, you must complete and submit the information requested in the Loan Request Form, which information may include (by way of example and not limitation) your name, street address, telephone number, date of birth, banking account information, desired loan amount, social security number, employment information, and any other information requested at the time of collection. Alimony, child support, or separate maintenance income need not be disclosed unless relied upon for credit. You represent and warrant that the information you provide to us through your Loan Request Form is accurate and truthful. If you do not provide such information in such manner, we reserve the right to deny, suspend, or terminate Service. We reserve the right to refuse to provide the Service to you, in our sole discretion, with or without cause.

By submitting your loan request you are providing written consent under the Fair Credit Reporting Act to Best Aid Inc. and its Marketplace participants and agree that (a) you are submitting an inquiry to us about loan products offered by Marketplace Participants, (b) we will share some or all of your loan request information with Marketplace Participants, consistent with the terms of our Privacy Policy, and (c) your consent allows Marketplace Participants to review, verify, and research your information in real-time or otherwise for pre-qualification purposes and to determine whether you may qualify to receive a loan from them, including by verifying your social security number, reviewing your information against nation databases of consumer financial transaction information, performing a credit check with TransUnion, Experian, and Equifax, and/or taking any other steps necessary to make a decision on whether to extend credit or advance cash. List of Marketplace Participants – BEST AID INC. CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES (“E-Consent”) Please read this information carefully and print a copy and/or retain this information for future reference.

 

4. Overview

You are submitting a request to be connected with one of our Marketplace Participants. In order to offer you a loan, the Marketplace Participants need your consent to use and accept electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“Disclosures”).

 

5. Option for Paper or Non-Electronic Records

You may request any Disclosures in paper copy by contacting the Marketplace Participants directly. The lenders and/or lending partners will retain all Disclosures as applicable law requires.

 

6. Scope of Consent

This E-Consent applies to all interactions online concerning you and the Marketplace Participants and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, the Marketplace Participants may process your information and interact during all online interactions with you electronically. The Marketplace Participants may also send you notices electronically related to its interactions and transactions. Disclosures may be provided online at our or Marketplace Participants’ websites, and may be provided by e-mail.

 

7. Consenting to Do Business Electronically

Before you decide to do business electronically with the Marketplace Participants, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements directly to the Marketplace Participants.

 

8. Withdrawing Consent

Your E-Consent for our connecting service and for our Marketplace Participants’ consideration of your connecting request cannot be withdrawn because it is a one-time transaction. If you are connected with one or more Marketplace Participants, you are free to withdraw your E-Consent with them at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining credit from the Marketplace Participant. Contact the Marketplace Participant directly if you wish to withdraw this E-Consent. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.

 

9. Change to Your Contact Information

You should keep Marketplace Participants informed of any change in your electronic address or mailing address. You may update such information by logging into the Marketplace Participants’ website or by sending the Marketplace Participants a written update by mail.

YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING THE LINK, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.

 

10. CONSENT

BY CLICKING THE LINK, YOU ASSENT TO THE TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE MARKETPLACE PARTICIPANT ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM MARKETPLACE PARTICIPANTS OVER THE INTERNET. Under the federal E-SIGN Act and related state laws, with your consent, we can deliver such required information to you electronically and can use electronic records and electronic signatures in connection with your transactions with Marketplace Participants in our network. If you do not want to receive the required information electronically, or do not want to use electronic signatures in connection with your transactions with the Marketplace Participants, you should not agree to the terms of this agreement. If you do not consent to receiving the required information electronically, or do not consent to the use of electronic signatures in connection with your transactions with Marketplace Participants in our network, we will not be able to proceed with you.

 

11. Information Review Process

If one or more Marketplace Participants review your Loan Request information and determine that you meet its loan qualification criteria, we will provide you the name(s) and contact information of the Marketplace Participant(s) or redirect your browser to their website. Once we connect you with a Marketplace Participant in either manner, we have no further involvement in the Loan Request Form or approval process. Your subsequent interactions with them are subject to their privacy policies, terms of use, and other policies or terms enforced by that Marketplace Participant. In addition, Marketplace Participants who review your information may contact you at a later time to offer their products and services to you.

I expressly authorize the Marketplace Participant I am connected with to share among its affiliates, loan servicers, and bank partners any transaction history related to my financial products or services received or serviced through the Marketplace Participant for the purpose of evaluating me for credit.

We are not responsible for any failure or delay in providing the Service caused by errors, inaccuracies, or falsity in any of the Loan Request Form information provided by your or by any technical problems beyond our reasonable control. We are not an agent of you or any Marketplace Participant. We are not involved with the Marketplace Participant’s review and/or use of your Loan Request information or in making a determination about whether you meet a particular Marketplace Participant’s loan qualification criteria. We do not recommend or endorse the products of any particular Marketplace Participant. The Marketplace Participant is solely responsible for its services to you, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Service. You understand that Marketplace Participant may keep your Loan Request information for their own business and marketing purposes, whether or not you qualify for a loan with them.

 

12. License

This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this Agreement. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another Individual or any other systems or networks connected to this Site or to any of our servers or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or our systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact us. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

13. Disclaimer Of Warranties, Release, And Limitation Of Liability

THE SERVICE AND SITE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED THEREIN (COLLECTIVELY, “SERVICE INFORMATION”) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICE INFORMATION AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE SERVICE INFORMATION. WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, MARKETPLACE PARTICIPANTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICE INFORMATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU ACCESS FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Some jurisdictions do not allow the disclaimer of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly absolve and release us and our Marketplace Participants from any claim of harm resulting from a cause beyond our or our Marketplace Participants’ control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, MARKETPLACE PARTICIPANTS AND AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THIS SITE, THE SERVICE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR MARKETPLACE PARTICIPIPANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. You hereby agree to indemnify and hold us harmless against any claims made by you or your successors arising out of or related to any violation of federal, state or local laws relating to any loan that you receive through the Service or your interactions with any Marketplace Participants with whom you were connected through the Service.

 

14. Termination

We may temporarily or permanently stop providing the Service (or any features within the Service) to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) we are required to do so by law, (c) we believe, in our sole discretion, that you have committed fraud with respect to your access to and use of the Service, (d) the Marketplace Participants or other business partner with whom we offer the Service to you has terminated its relationship with us, (e) the provision of the Service to you by us is, in our sole opinion, no longer commercially viable, or (f) we are no longer providing the Service to customers in the jurisdiction in which you reside or from which you use the Service. Termination is effective without notice.

 

15. Governing Law; Dispute Resolution

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Consumer Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held in your county of residence; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Florida law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive, consequential or exemplary damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Company retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. The FAA applies to any disputes over arbitrability or the enforcement of this clause. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE INFORMATION PROVIDED IN THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. You may opt out of this arbitration agreement by providing notice to us by US Mail sent to: [Company Mailing Address for Legal Notices] no later than 30 calendar days from the date you accept these Terms of Service. To opt out, you must send notice in a letter that includes the subject line: “Arbitration Opt Out” along with your full name and the email address you used when consenting to the Terms of Service.

 

16. Miscellaneous

This Agreement, including the Privacy Policy which is incorporated herein, constitutes the entire agreement between you and us with respect to your use of the Service. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by us, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.