1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITE
Wheels Financial Group, LLC dba LoanMart (“LoanMart”) requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement”). By accessing, browsing or using this website (“Website”), or by using the goods, facilities or services offered in or through the Website through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use.
If you do not agree to these terms and conditions, you are not authorized to access or use the Website and must cease accessing or otherwise using the Website. For purposes of this Agreement, “You” or “Your” means the person(s) using the Website, and/or the goods, facilities or services of LoanMart (“Site” and/or “Services”) and its companies offered through alternative methods, including persons that allow others to provide information about themselves to LoanMart, the banks, lenders, financial institutions, providers and brokers on LoanMart’s network. LoanMart is licensed as set forth in the Disclosures section, which is incorporated into this Agreement by reference.
THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITE.
LoanMart operates the Website and shall have the right at any time to change or discontinue any aspect or feature of the Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. Any use by you of the Website or the good, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes. By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 18 years of age and reside in the United State.
2. CONSUMER INFORMATION SECURITY POLICY
LoanMart’s Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Website, received directly from you or transmitted to or from third parties.
3. LOAN REQUEST SERVICES
LoanMart offers secured and unsecured installment loans. NOTE: Pursuant to the contracts between LoanMart and third parties on its network, LoanMart may receive information from third parties regarding your loan requests including, but not limited to, the amount or disposition of your loan. You are providing express written consent for LoanMart and the third party to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.
A. Terms Applicable to Loan Request Services
You should rely on your own judgment in deciding which available loan product or terms best suits your needs and financial means. LoanMart is solely responsible for its services to you, and you agree that LoanMart 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 services. Loans may only be made to residents of states where LoanMart is licensed or authorized to make such loans. LoanMart expressly reserves the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Website at any time, without prior notice.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through LoanMart. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications LoanMart. You understand that you will need, and have access to an email address, Internet access and PDF software to review the disclosures and communications. In addition, you acknowledge that we may access your credit file even if your Social Security Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. NOTE: By completing a submission, you agree that LoanMart can access certain information from your credit file. This information could include, but might not be limited to, your credit report, credit score, and other credit information. You agree that we may use and analyze your information as follows: (a) provide you with customized recommendations and general information about you; and (b) serve you targeted ads and other communication based on your information.
4. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
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 Website, without the prior written permission of the LoanMart or the applicable Mark holder specific for each such use. The Marks may not be used to disparage LoanMart, an 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. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by LoanMart in writing.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. LoanMart 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, create derivative works 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 LoanMart and the copyright owner. Elements of the Website 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.
5. DISCLAIMERS AND LIABILITY
LoanMart intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will LoanMart be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. LOANMART AND/OR ITS SUPPLIERS, LENDERS OR PARTICIPANTS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK. LOANMART AND/OR ITS SUPPLIERS, LENDERS OR PARTICIOANTS 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 WEBSITE AND/OR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LOANMART RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOANMART AND/OR ITS SUPPLIERS OR PARTICIOANTS 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.
6. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
LoanMart may choose to electronically deliver all information related to its services and your requests. LoanMart’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms and conditions. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with LoanMart. This means that LoanMart may communicate with you by sending a message to the email address you provided. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
Technical Requirements
To access and retain information and notices we send or make available to you electronically, you will need:
- A personal computer with monitor, keyboard and mouse capable of accessing the internet and sending and receiving email
- Internet access with 128-bit encryption
- Adobe Acrobat Reader 6 or higher
- Ability to Print Internet Explorer 6 or higher
- Netscape 8.04 and above (Use in IE mode)
- Email Access or Firefox version 1.5
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting LoanMart’s Customer Service Department at 888-700-2239 or by emailing contact800@800loanmart.com
7. PRIVACY POLICY
The LoanMart Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Website or received directly from you.
8. INDEMNITY
As a condition of use of the Website and/or services, you agree to indemnify LoanMart from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
9. LIMITATION ON DAMAGES
In no event will LoanMart have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
10. LINKS TO THIRD PARTY WEBSITES, ERRORS AND DELAYS
The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. LoanMart does not operate or control in any respect any information, software, products or services available on such websites. LoanMart’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. When you leave the Website please note that LoanMart is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website. LoanMart 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.
11. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by LoanMart, or to any acts or omissions for which you may contend LoanMart is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) dated September 15, 2005. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND LOANMART WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS 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. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using LoanMart’s goods, facilities and services, you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and LoanMart, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles County, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
12. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Website established by LoanMart) constitutes the entire agreement between you and LoanMart and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and LoanMart with respect to the Website and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. 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 rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.