Welcome to
easypaydayloanonline.com (hereinafter referred to as "we," "us," or "our"). Before you begin
to use the
easypaydayloanonline.com.com ("Website"), please take a moment to review these Terms of Use ("Agreement")
which is a legal agreement. The Agreement describes the Terms and Conditions you
must agree to before you use of our website and the services provided through or
in connection with our website (collectively, "Service"). These terms may be updated
and changed by us from time to time by posting the same on our website without further
notice to you. Continued use of our Services after posting the changes or modifications
constitute an acceptance by you of the changes or modification. You must agree with
all of the terms and conditions in this Agreement and the posted
Privacy Policy ("Privacy Policy"), which is incorporated by reference, before
you use the Service. If you do not agree to be bound by the terms and conditions
set forth below, you may not use or access our website or the Service. In addition
you must be 18 years of age, a United States Citizen and possess the legal authority
to enter into an agreement to use our website.
1. MARKETING DISCLOSURE.
This website is a market place. The owner has a material financial connection to
the provider of the goods and services referred to on the site. The owner receives
payment for each qualified sale or payment for each potential customer referral.
The owner is advertising on behalf of a third party advertiser with whom the provider
of the products or services also has a material financial connection in that both
advertisers receive payment for each qualified sale or payment for each potential
customer referral. All information regarding the products and services on this website
is provided by the third party advertiser. Upon completion of your registration,
you will be redirected to the third party advertiser’s site or you will be contacted
by the third party Advertiser who is a participating lender or provider and you
should review their terms and conditions and privacy policy as they may differ significantly
from our own. The owner is not affiliated with the third party advertiser other
than stated above. The owner does not recommend or endorse any product or service
on this website.
2. USER AGREEMENT.
By using this Website, you agree to be bound by and to comply with these Terms of
Use and the posted
Privacy Policy which is incorporated
herein as though fully set forth herein. Upon entering the requested information,
our technology will forward your information to one of our participating lenders
or to providers who may contact you to engage in a transaction if you are accepted
by them. This may be done automatically and a new window may appear or the provider
may contact you directly by telephone, email, mail or sms as set forth below. You
understand and agree that we control only the home page, informational pages and
intake forms on our website. Upon entry of the requested information, a participating
lender or provider will be contacting you directly to provide you with information
regarding their products. We shall not be responsible for any participating lender
or provider’s contact with you or any subsequent agreement you may enter into with
such lender or provider. Your use of our Services on our Website is subject to all
applicable federal, state and local laws and regulations. Our Services are void
where prohibited. You understand and agree that we may share personally identifiable
information and other information provided by you, and aggregated information about
you and other users with our vendors, sponsors, advertisers, service providers and
marketers, lookup and reference services, other unaffiliated third parties, and
other entities that we believe are able to provide you with their offers and opportunities,
as more fully described in our posted
Privacy Policy
WE ARE NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY
INTO A LENDER, PROVIDER OR ADVERTISER’S WEBSITE LINKED TO THIS WEBSTIE, YOU SHOULD
CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS OF USE OF THAT WEBSITE BEFORE ENTERING
ANY PERSONAL INFORMATION AS THOSE POLICES AND TERMS WILL DIFFER FROM THESE.
3. PERMISSION FOR CONTACT THROUGH TELEPHONE, EMAIL AND SMS.
In order to provide you the services you have requested, you are expressly giving
your permission to provide any information collected on this Website to third parties.
As such, you are expressly giving your permission for such third parties to contact
you by mail, email, text messaging or telephone. By registering and using this Website,
you agree that such act constitutes a purchase, an inquiry and/or an application
for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR").
Notwithstanding that your telephone number may be listed on the Federal Trade Commission's
Do-Not-Call List (or a state do-not-call) list you have authorized us to contact
you via telemarketing in accordance with the ATSR. Moreover, by registering with,
or requesting information from, a third-party advertiser at or through the Website
or other advertisement media made available by us (e.g., email marketing), you agree
that such action shall constitute a purchase, an inquiry and/or an application with
the respective third-party advertiser for purposes of the ATSR and you may be contacted
via email, direct mail and/or telemarketing by such third-party advertiser in accordance
with the ATSR. If, at any time, you do not wish to be bound by these conditions
or you are unsatisfied with the Website, its content or other legal notices, you
agree that your sole and exclusive remedy is to discontinue using this Website.
4. YOUR REPRESENTATIONS AND WARRANTIES.
You represent and warrant that: (i) You are at least 18 years of age, are a U.S.
citizen and possess the legal authority to enter into an agreement and to use the
Website in accordance with this Agreement; (ii) All information supplied by you
is true and accurate (without limitation of the foregoing, the provision of any
speculative, incorrect, misleading, false or fraudulent information is prohibited);
(iii) You represent and warrant that you will not abuse of our Website and if we
believe such conduct has occurred we may deny you access to our website, as determined
by us in our sole discretion.
5. SERVICES ARE NOT LOANS.
Our website is an online network marketplace. You agree that if you submit a request
through our website, we will share the personal information (such as your full name,
address, telephone number, and banking information and other financial information)
you provide to us with lenders or aggregators in our network to process and fulfill
your request. You understand and agree that we do not broker loans, make loans directly
or undertake a credit analysis or make credit decisions in connection with the Service
and that we are not a party to any agreement that you may make with any participating
lender with whom you may obtain a loan. The participating lender with whom you make
a loan is solely responsible for its services to you. You further acknowledge and
agree that we are not acting as your agent or broker and are not recommending any
particular loan product or participating lender to you. Any compensation we may
receive is paid by the participating lender or aggregate for advertising services
we provided to them. We do not charge you a fee to use our website. You understand
that the requirements for a particular loan product are made by the participating
lender and we do not endorse, warrant, or guarantee the products or service of any
lender. Nothing contained in this Agreement shall constitute an offer or promise
for a loan commitment or interest rate lock-in agreement. You agree that we shall
not be liable for any damages or costs of any type which arise out of or in connection
with your use of any participating lender.
Please note that information we provide you either on our website, by email or over
a wireless connection may not be used as the sole basis for your loan decision,
and may not meet your particular needs. Please seek the advice of an appropriate
professional for an assessment of the loan information provided by the lender.
6. CHANGES TO TERMS OF USE AND POLICIES.
We reserve the right, in our sole discretion, to change, modify or otherwise alter
this Agreement and the posted Privacy Policy, which appear on this Website at any
time for any reason which change, modification or alteration is effective upon posting
without further notice to you. It is your responsibility to review this Agreement
and the posted Privacy Policy, for changes each time before you use our Service.
Your continued use of our Service following the posting of changes and/or modifications
will constitute your acceptance of the revisions and the reasonableness of the notice
of changes.
7. REJECTION, TERMINATION AND CANCELLATION.
We or our participating lenders or aggregators may reject any registration or subsequent
application from any person with or without cause at our sole discretion. Your status
as a registered user creates only a customer relationship with us and does not create
an employment relationship, an independent contractor relationship, an agency relationship,
or any other relationship. You may cancel your request at anytime by sending an
e-mail to
atloptout@gmail.com.
8. PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits
any other user from using or enjoying our website or any linked website. You are
prohibited from accessing or attempting to access private areas of the Website or
any other user's information. You are prohibited from impersonating any person or
entity or otherwise falsely stating or misrepresenting your affiliation with a person
or entity while using our website or requesting services from our website.
You are prohibited from infringing or facilitate infringement on any copyright,
patent, trademark, trade secret, or other proprietary, publicity, or privacy rights
of any person or entity, including third-parties. You are prohibited from using
any data, content or information which contains or promotes any viruses, Trojan
horses, worms, time bombs or other computer programming or code that is designed
or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise
interrupt or expropriate the Website, data, personal information, software, equipment,
servers or content or facilitate or promote hacking or similar conduct. You are
prohibited from harvesting, sweeping, or use any other means, to collect information
about users of the Website; Use automated means, including spiders, robots, bots,
scripts, crawlers, or the like, in connection with any activity on the Website;
Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations
under these Terms of Use without our prior express written authorization; Modify,
publish, transmit, transfer or sell, reproduce, create derivative works from, distribute,
perform, link, display or in any way exploit any content on our website content;
or except as otherwise expressly permitted on our website, use any information you
may obtain from the Website (including without limitation, user information) to
send any other person unsolicited messages, commercial or otherwise, by electronic,
telephonic, postal or other means.
9. MARKETING MATERIALS.
By registering and requesting services through our website, you are giving your
consent to receive our and third party promotions from us, our affiliates and/or
third-party marketers. If you do not wish to receive these emails, you may request
to be removed by using the opt-out mechanism listed in the email messages you receive.
To opt-out of email promotions from only us, please email us at
atloptout@gmail.com. Please note that exercising an opt-out mechanism only
applies to the company with which you exercised that right.
10. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE
ACTIVITIES.
Our website may display and make available content, promotions, advertisements,
and offers provided by third parties, as well as goods and services offered by third
parties. You understand and agree that we shall not be responsible and shall have
no liability for any third party promotion or product or for your activities on
any third party websites linked to our website. If you participate with any third
party linked to or through our website, you do so solely at your own risk. You agree
that your sole remedy in connection with any third party will against or with that
third party and you shall have no remedy against us arising from your use of or
participation in, or inability to use or participate in, any third party promotions
or website.
11. RELATIONSHIP WITH PARTICIPATING LENDERS OR AGGREGATORS.
This is an independent website and is not affiliated with any of the listed products.
Trademarks, service marks, logos, and/or domain names are the property of their
respective owners, who have no association with or make any endorsement of the products
or services provided by our website. Furthermore, participating lenders or aggregates
are independent third parties to us and we are not acting as a principal, agent
or broker with respect to any participating lenders, aggregates or advertisers.
We have a financial relationship with the advertisers, participating lenders and
aggregators with whom we share your information.
12. LINKED WEBSITES.
You may be able to link to third parties’ Websites (“Linked Websites”) from our
website. Linked Websites are not, however, reviewed, controlled or examined by us
and we are not responsible for the content, availability, advertising, products
or other materials on any Linked Websites, or any additional links contained therein.
These links do not imply our endorsement of or association with the Linked Websites.
In no event shall we be liable, directly or indirectly, to anyone for any loss or
damage arising from or occasioned by the creation or use of or your participation
in activities on such Linked Websites, or the information, material, products or
services accessed through these Linked Websites. You should direct any questions
or concerns to the Linked Website’s owner. We reserves the exclusive right, at its
sole discretion, to add, change, decline or remove, without notice, any feature
or link to any of these websites.
13. INTELLECTUAL PROPERTY RIGHTS.
The content of this website is owned by us and other parties. As between us, we
are the sole owner of our website and all materials on or available through our
website, including without limitation, all applicable U.S. and non-U.S. copyrights,
patents, trademarks, and trade secrets, and other intellectual property rights thereto
(collectively, the “Website Content”). Except as otherwise specifically provided
in this Agreement, you may not download or save a copy of the Website Content or
any portion thereof, for any purpose; however, you may print a copy of individual
screens appearing as part of our Website Content solely for your personal, non-commercial
use or records, provided that our trade marks, logos or other legends which appear
on the copied screens remain on the printed material and are not removed from the
printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish,
display, transmit, adapt or in any way exploit any portion of the Website content
unless you first obtain prior written consent from us and all other entities with
an interest in the relevant intellectual property. Any unauthorized attempt to modify
any Website content, to defeat or circumvent our security features, or to utilize
our website for other than its intended purposes is strictly prohibited.
14. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, we are not responsible for any incorrect or
inaccurate information or entry of information, whether caused by users of our website
or by any of the equipment or programming associated with or utilized in connection
with our website or the products or services provided on or through our website,
or by any technical or human error which may occur in the processing of information
received by us. We assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or authorized access to, or alteration of, information received
or submitted in connection with the Website. Company is not responsible for any
problems, errors or technical malfunction of any telephone network or lines, computer
on-line systems, servers or providers, computer equipment, or software, or any failure
of email on account of technical problems or traffic congestion on the Internet
or at our website or combination thereof, including injury or damage to you or your
computer.
OUR WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE
FOREGOING, WE, AND OUR PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS,
PARTICIPATING LENDERS OR PROVIDERS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY
DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS,
USEFULNESS, OR OTHERWISE OF OUR WEBSITE, AND OUR WEBSITE CONTENT; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THAT ANY PORTION OF OUR
WEBSITE INCLUDING THE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN
HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR
THAT ACCESS TO OUR WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
15. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE, OUR PARENT COMPANY, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES,
LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE
AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT,
OR ANY SERVICES OF THIRD PARTY LENDERS OR AGGREGATORS EVEN IF ALL SUCH PARTIES SHALL
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF OUR
WEBSITE OR ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
16. MONITORING WEBSITE USAGE.
You agree that we may electronically monitor our website and disclose any content,
records, or electronic communication of any kind (i) to satisfy any legal process
or request; (ii) to operate our website; or (iii) to protect our rights or the rights
of our users, vendors, sponsors, providers, and licensors.
17. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties as a result of your
use of our website or Service, including, but not limited to, business dealings
with providers or participating lenders, or any other terms, conditions, warranties,
representations associated with such dealings, are solely between you and such third
party. You agree that we shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such third party on or through our website.
18. DISPUTE RESOLUTION.
This Agreement will be interpreted in accordance with the laws of the State of NC,
without regard to the conflicts of laws principles thereof. The parties agree that
any and all disputes, claims or controversies arising out of or relating to the
Agreement, its interpretation, performance, or breach, that are not resolved by
informal negotiation within thirty (30) days (or any mutually agreed extension of
time), shall be submitted to final and binding arbitration before a single arbitrator
of the American Arbitration Association (“AAA”) in Raleigh, NC. Either party may
commence the arbitration process called for herein by submitting a written demand
for arbitration with the AAA, and providing a copy to the other party. The arbitration
will be conducted in accordance with the provisions of the AAA’s Commercial Dispute
Resolutions Procedures in effect at the time of submission of the demand for arbitration.
The costs of arbitration plus reasonable attorneys’ fees (including fees for the
value of services provided by in house counsel) shall be awarded to the prevailing
party in such arbitration. Judgment on the award rendered by the arbitrator may
be entered in the Superior Court of NC Wake County, or the United States District
Court for the Central District of NC. Notwithstanding the foregoing, the following
shall not be subject to arbitration and may be adjudicated only in the Superior
Court of NC, Wake County, or the United States District Court for the Central District
of NC: (i) any dispute, controversy, or claim relating to or contesting the validity
of Company's proprietary rights, including without limitation, trademarks, service
marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary,
preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or
other provisional relief.
RIGHT TO OPT OUT- If you do not wish to be bound by this arbitration clause,
you must notify the Company in writing within 60 days after signing this Agreement
or your rejection of arbitration will not be effective. You must send your request
to:
atloptout@gmail.com. Your request must
include your telephone number(s) and a clear statement of your intent, such as "I
reject the arbitration clause stated in the Company’s Website Terms of Use.”
19. WAIVER AND SEVERABILITY OF TERMS.
Our failure to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision. If any part of this Agreement
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Agreement remain in
full force and effect.
20. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and us and governs your
use of our website and Service, superseding any prior agreements.
21. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE
OF ACTION ARISING OUT OF RELATED TO USE OF OUR SERVICE OR THIS AGREEMENT MUST BE
FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED.