E-LoanPlace.com Terms of Service
The Terms of Service were last revised in January 2020
Welcome! E-LoanPlace.com, ("E-LoanPlace.com" or "us" or "we" or "our") provides its services (described below) to you through the website located at www.E-LoanPlace.com and its related sub-domains (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). Through the Service, we provide credit-related information, products, services and other features.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING WE CONTACT YOU ABOUT FINANCIAL SERVICES AND CREDIT RELATED OFFERS, AND/OR PARTICIPATING IN ANY OF OUR RELATED TEXT MESSAGE PROGRAMS, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF SERVICE.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING THAT E-LOANPLACE.COM CONTACT YOU ABOUT FINANCIAL SERVICES AND CREDIT RELATED OFFERS, AND/OR PARTICIPATE IN E-LOANPLACE.COM'S TEXT MESSAGE PROGRAM, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND E-LOANPLACE.COM ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF ANY CLASS. A "CLAIM" IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND E-LOANPLACE.COM, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE TERMS OF SERVICE OR THE ARBITRATBILITY OF ANY CLAIM PURUSANT TO THE TERMS OF SERVICE. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH E-LOANPLACE.COM. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST E-LOANPLACE.COM IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST E-LOANPLACE.COM IN ANY JURISDICTION IN THE UNITED STATES. E-LOANPLACE.COM WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided however, that the terms of these Terms of Service shall control over any inconsistency between the Rules of the American Arbitration Association and the Terms of Service). The arbitrator shall have authority to interpret the Terms of Service, including but not limited to the authority to decide whether any claim is arbitrable under the Terms of Service and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator's jurisdiction, and the enforceability of the Terms of Service. You agree that the Terms of Service involve commerce under 9 U.S.C., Section 1 et. seq., and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Terms of Service are governed by the state of California as provided in Section 34 below.
If you don't agree to these Terms of Service, don't use the Service. We can change these Terms of Service at any time without any notice to you. We will change the last revised date above when we make any changes and post a new version of these Terms of Service on our Site. It is your responsibility to review these Terms of Service from time to time for any changes as it creates a binding legal agreement between you and E-LoanPlace.com.
You have our permission to use the Service, but only if:
If you are applying through the Service for an extension of credit with one of the third-party subscribers to the E-LoanPlace.com network ("Network Subscribers"), you must be an adult resident of the United States, including its Commonwealths and Territories. By applying for an extension of credit, you warrant and represent to E-LoanPlace.com and to the relevant Network Subscriber(s) that you are an adult resident of the US.
To ensure that E-LoanPlace.com provides a high-quality experience for you and other users of the Service, you acknowledge and agree that E-LoanPlace.com or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. E-LoanPlace.com is not required to disclose such an investigation unless required to do so by law. E-LoanPlace.com will cooperate fully with any law enforcement agencies in their investigation of potential violation of any applicable laws.
We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.
You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Service. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.
You may not:
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
You agree to the following terms regarding participation in any E-LoanPlace.com online forums, including posting any comments on E-LoanPlace.com blog posts or through any social media outlet (collectively, "E-LoanPlace.com Forums"):
8.User Content You Share Becomes Public
In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, rule, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of E-LoanPlace.com, its users or the public as required or permitted by law.
We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Service. You may find some of it to be inaccurate, offensive, indecent, or objectionable. YOU USE ALL USER CONTENT ENTIRELY AT YOUR OWN RISK. YOU AGREE NOT TO HOLD US RESPONSIBLE IN ANY WAY FOR YOUR USE OF THE SERVICE, INCLUDING YOUR EXPOSURE TO USER CONTENT.
E-LoanPlace.com and its suppliers retain all right, title and interest (including all trademark, copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the code embodied in, or otherwise applicable to, the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service.
All brand, product and service names used in the Service which identify E-LoanPlace.com or our suppliers and our or their proprietary products and services are the trademarks or service marks of E-LoanPlace.com or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of E-LoanPlace.com or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.
We respect the intellectual property rights of others. You may not use the Service to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from the Service more than twice.
If you believe that something on the Service violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
Here is the contact information for our copyright agent:
825 US Hwy 1 #320
Jupiter Fl, 33477
Phone: (561) 691-1552
Again, we cannot take action unless you give us all the required information.
Notices about copyright infringement should go to our copyright enforcement department as provided in Section 13. For any other communications with us (e.g. feedback, comments, or requests for technical support), you should contact us through our customer service department at info@E-LoanPlace.com.
The Service may also include the offer for sale of certain products (whether software, services, or other merchandise) (each, a "Product") for an amount in addition to that paid for use of the Service. Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through the Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase we have posted for that Product shall apply. Purchase of such Products is optional and voluntary, and you must affirmatively request or consent to purchase any such Product.
You are granted a limited, non-exclusive right, which we may revoke at any time, to create a hypertext link to the website found at www.E-LoanPlace.com. If you exercise this limited, non-exclusive right, however, you must agree to the following:
Furthermore, a site that links to the Service:
If you exercise this limited, non-exclusive right to create a hypertext link to the Service, you agree that the link must be removed at any time, immediately upon E-LoanPlace.com's request.
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. E-LOANPLACE.COM AND ITS AFFILIATES, SUPPLIERS, NETWORK SUBSCRIBERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
E-LOANPLACE.COM AND ITS AFFILIATES, SUPPLIERS, NETWORK SUBSCRIBERS AND PARTNERS MAKE NO WARRANTY THAT (A) THE SERVICE OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT E-LOANPLACE.COM WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND E-LOANPLACE.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
ALTHOUGH E-LOANPLACE.COM STRIVES TO PROVIDE INFORMATION THAT CONSUMERS MAY FIND HELPFUL, THIS INFORMATION SHOULD NOT BE CONSIDERED CREDIT OR LEGAL ADVICE. YOU SHOULD NOT USE THE GENERAL INFORMATION PROVIDED BY THE SERVICE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, E-LOANPLACE.COM AND ITS AFFILIATES, SUPPLIERS, NETWORK SUBSCRIBERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY PRODUCT, SERVICE OR CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (D) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, E-LOANPLACE.COM'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, NETWORK SUBSCRIBERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE GREATER OF (A) $100 OR (B) THE AGGREGATE FEES YOU HAVE PAID TO E-LOANPLACE.COM FOR SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
You agree to indemnify, defend (if we so request) and hold harmless E-LoanPlace.com and its affiliates, Network Subscribers, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.
We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Service or for Products (if applicable).
You may terminate your use of the Service by closing your E-LoanPlace.com account and/or ceasing to access the Service. If you need help closing your account, please contact us as described in Section 17 above.
Upon any termination we may delete your account, data, passwords and User Content and we may bar you from further use of the Service. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws, rules or regulations, including, without limitation, United States export laws and regulations.
If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the consumer reporting agency that supplied the information, as indicated in your credit report. You do not have to purchase your credit report or other information to dispute inaccurate or incomplete information in your credit report.
E-LoanPlace.com is not responsible for the accuracy or contents of your credit file, including, but not limited to, information delivered in the credit report and/or score products.
The federal Fair Credit Reporting Act ("FCRA") allows you to obtain from each consumer reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file maintained by a consumer reporting agency must be obtained directly from such consumer reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a consumer reporting agency as required by FCRA or similar laws.
Under FCRA, you are entitled to receive an annual free disclosure of your credit report from each of the national consumer reporting agencies. To request your free annual report under FCRA, you must go to www.annualcreditreport.com. You can also request this free annual disclosure by calling toll-free (877) 322-8228 or by using the mail request form available at the website set forth above. The Credit Report Card is not related to this free disclosure, and none of our products are intended to substitute for any free credit report or disclosure that any consumer reporting agency is required by law to provide to you.
You are entitled to receive a free copy of your credit report from a consumer reporting agency if:
E-LoanPlace.com is not a credit repair organization or similarly regulated organization under other applicable laws, and is not offering to provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. E-LoanPlace.com does not claim it is able to "clean up" or "improve" your credit record, credit history, or credit rating. You acknowledge and agree that you are not seeking to use or access the Service in order to do so.
Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant consumer reporting agency and follow the appropriate procedures for notifying the consumer reporting agency that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various consumer reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of E-LoanPlace.com Credit Detect, but is provided free of charge to all consumers, regardless of whether you have subscribed to E-LoanPlace.com Credit Detect.
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the US or the country of your residence.
Portions of the Service may be accompanied by additional terms which apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
E-LoanPlace.com reserves the right to investigate complaints or reported violations of the Website Terms and to take any action E-LoanPlace.com deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. E-LoanPlace.com reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to any E-LoanPlace.com website. These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, your request that E-LoanPlace.com contact you about its credit repair services, and/or your participation in E-LoanPlace.com's Text Message Program. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in Sections 1 through 16, 20 through 29 and 32 through 34 shall survive termination of the Website Terms.
E-LoanPlace.com shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by E-LoanPlace.com. No delay or omission on the part of E-LoanPlace.com in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
The Website Terms constitutes the entire agreement and understanding between you and E-LoanPlace.com, except as you and E-LoanPlace.com may later agree in writing to modify the Website Terms. The Website Terms supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter contained herein.
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.mesFinancial.com ™, Inc. All rights reserved.