MATCHING TOOLS AND SERVICES
Although BorrowPayDay is compensated by its network of Lenders when we display advertisements for their products to you and/or when you respond to an offer for a loan or other product from a Lender on our Website, BorrowPayDay is not a lender nor is acting as a lender or broker and does not make loans or credit decisions in connection with loans. Such compensation from Lender is payment for BorrowPayDay ‘s services, tools and facilities. Your use of the Websites and/or BorrowPayDay ‘s services constitutes your agreement with this compensation arrangement.
BorrowPayDay does not endorse or recommend the products of any particular Lender. Nor is BorrowPayDay an agent of you or any Lender. BorrowPayDay ‘s services are only administrative. You should rely on your own judgment in deciding which available loan or other product, terms and Lender best suits your needs and financial means. The Lender is solely responsible for its products and services, and you agree that BorrowPayDay shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Lenders may keep your loan request information and any other information provided by BorrowPayDay or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you obtain a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them. BorrowPayDay is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
The Websites and the services provided by BorrowPayDay may not be available in all states, and the availability of such services and the products offered on the Websites may change from to time without notice. Residents of Georgia, Virginia and West Virginia are not eligible to apply for a payday loan or cash advance on this Website. Lenders are not attempting to make loans outside of their authorized states or country by participating in and offering their products on the Websites. Lenders may discontinue, suspend or terminate the offering of any loan or other product in any specific state through the Websites at any time, without prior notice.
The data and other information you may provide BorrowPayDay is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. BorrowPayDaydoes not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender; loan approval standards are established and maintained solely by individual Lenders. Likewise, BorrowPayDay does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender’s offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile and income/asset considerations, including but not limited to loan-to-value and debt-to-income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states. You might not be matched with the Lender making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Lenders may obtain, verify and record information that identifies each person who opens an account with us and them. Our Lenders and we may ask for your name, Social Security Number or driver’s license number, address, date of birth, and other important information, that will allow proper identification of you. During the Lender application process, they may also ask to see additional information. BorrowPayDay does not pull credit reports on customers or engage in loan processing. We also do not collect “experience” information (such as a customer’s account history with a lender) as defined in the Fair Credit Reporting Act. BorrowPayDay does not charge you a fee for its service in matching you with Lenders.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a loan or other product through BorrowPayDay to each of the Lenders to whom your loan request is transmitted. By submitting the loan request containing your electronic signature, you are extending an express invitation to each Lender you have been matched with to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties, and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete.
BorrowPayDay seeks to provide you multiple conditional loan offers through its network of unaffiliated Lenders. By submitting information on a loan request form, quiz or similar form, you authorize BorrowPayDay to provide such information to Lenders in the BorrowPayDay network to help you complete your loan request. You also authorize such Lenders, if they deem necessary to help you complete your loan request, to request from one or multiple credit bureaus/reporting agencies, your credit bureau report, including any ancillary credit scores or ratings, and to check your credit and employment history. Additionally, by submitting a request for a loan or other product, you authorize the Lenders to verify the accuracy and authenticity of all information supplied by you (including employment status and income information) both internally and with the assistance of unaffiliated third parties.
To determine which Lenders may be matched with you, Lenders provide to us criteria about the type of loan (for example, loan amount) and the type of loan customer (for example, state of residence) in which the Lender is interested. BorrowPayDay will provide your information to Lenders whose criteria match your profile. Where it is discovered that you do not meet certain Lenders’ criteria or you do not qualify for their products, you also authorize us to provide your information to other Lenders whose criteria match your profile and whose products we feel might be of help in completing your request.
PROPRIETARY RIGHTS AND LICENSES
You are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use and display the contents of the Websites on a single computer solely for your personal, non-commercial use to find loans and other products or services featured on the Websites. All other rights are hereby reserved. BorrowPayDay and the names of the Websites (including their URL’s) are service marks owned by BorrowPayDay. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of their respective owners. Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Websites, without the prior written permission of BorrowPayDay or the applicable Mark holder specific for each such use. The Marks may not be used to disparage BorrowPayDay, the Lenders, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks.
The Websites contain copyrighted material, trademarks and other proprietary information of BorrowPayDay and/or its Lenders, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. BorrowPayDay owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of BorrowPayDay and the copyright owner (if different from BorrowPayDay). Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
We grant you a revocable right to create a link to the home page of this Website. You will not state or imply that you or any website on which you place such a link, or any of its pages, are endorsed by, sponsored by or affiliated or associated with this Website or BorrowPayDay. Nor may you make any representations or warranties, express or implied, with respect to this Website or any products or services available hereon, or any statements that are inconsistent with the Agreement.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
BorrowPayDay intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by BorrowPayDay at any time. Under no circumstances will BorrowPayDay be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” BORROWPAYDAY AND/OR ITS LENDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, FREEDOM FROM VIRUSES AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR MYSECUREPAYDAY’S SERVICES IS AT YOUR OWN RISK. BORROWPAYDAYAND/OR ITS LENDERS AND SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR MYSECUREPAYDAY’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES (INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES), OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BORROWPAYDAYAND/OR ITS LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
As a condition of use of the Websites and/or BorrowPayDay ‘s services, you agree to indemnify BorrowPayDay and its affiliates, suppliers and Lenders, and its and their respective members, managers, directors, officers and employees, from and against any and all liabilities, expenses (including reasonable attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD-PARTY WEBSITES
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. BorrowPayDay does not operate or control in any respect any information, software, products or services available on such websites. BorrowPayDay ‘s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. BorrowPayDay is not responsible for the accuracy or content of the information provided by any third-party website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of technologies or programs available through that website.
Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by BorrowPayDay, or to any acts or omission for which you may contend BorrowPayDay is liable, including but not limited to any controversy or claim as to arbitrability (“Dispute”), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in the city and country where the BorrowPayDay’s operating company is registered, and judgment on the arbitration award may be entered into any court of competent jurisdiction this country. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BorrowPayDay 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 NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. By using BorrowPayDay’s service, you consent to these restrictions.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and BorrowPayDay, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting where the BorrowPayDay’s operating company is registered. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites) constitutes the entire agreement between you and BorrowPayDay and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and BorrowPayDay with respect to the Websites and information, software, products and services associated with them. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All terms of the Agreement shall survive any termination hereof, except for those terms (like licenses) that are revocable or, by their context, are not intended to survive termination.