Effective Date: December 31, 2019
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY ACCESSING OUR SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICES AND MUST DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
We may, from time to time, make modifications, changes or additions to these Terms. You agree that your continued use of the Site or Services following the posting of such changes is your acceptance of such changes. Therefore, you should visit this page periodically to review any changes to the Terms.
The Services are not available to persons generally under the age of 18 (but note that the minimum age requirement may be higher in some states) or to persons who are not legal residents of the United States. BY USING THE SITE OR APPLYING FOR OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE AT LEAST THE MINIMUM AGE THAT IS REQUIRED IN YOUR STATE AND ARE A LEGAL RESIDENT OF THE UNITED STATES. Not all Services are available in all geographic areas. Your eligibility for particular Services is subject to final determination by NETCREDIT, its affiliates, and/or its partner lenders.
While you may use the Site without registering, certain functionalities or areas of the Site require you to register and create a username and password in order to access such portions of the Site. You may not share your username or password with others. You are solely responsible for (i) authorizing, monitoring, controlling access to and maintaining the confidentiality of your username and password, (ii) informing us, in writing, of any need to deactivate a username due to security, confidentiality or other concerns, and (iii) any charges or damages that may be incurred by use of your username and password, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.
Information You Provide to Us
We collect information you provide to us, for example when you create or modify your account, register to use our Site, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: name; home address; email address; home, work; and mobile telephone numbers; bank and/or other account numbers; date of birth; Social Security Number; driver’s license or other national, state, or government ID numbers; and salary and other financial information.
Information We Collect Automatically
Location / Geolocation Information and Your Internet Protocol (IP) address.
Information We Collect Through Your Use of Our Site
Adobe Marketing Cloud Device Co-Op
We participate in the Adobe Marketing Cloud Device Co-op, which helps us better understand how you use our website and provide advertisements tailored for you across all your devices (including a desktop, laptop, tablet, or phone). The Device Co-op recognizes which of your devices are being used by the same person. Visit the Adobe website for more information on cross-device tracking and/or on how to unlink your devices.
Information Collected Through Cookies and Similar Technologies
We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. You can opt-out of receiving interest-based ads from us by clicking on the “ad choices” icon near the advertisement and selecting the marketing activities of which you would like to opt-out. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and http://www.networkadvertising.org/managing/opt_out.asp). Please note that if you choose to opt out, you may continue to see ads on our Site, but they will not be based on how you browse and shop.
You acknowledge that use of a username and a password is an adequate form of security. You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of this Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any NETCREDIT customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the NETCREDIT network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted.
By submitting your contact information to us, you are expressly consenting to be contacted by us 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.
We may contact you for application and loan servicing, including without limitation, for matters related to your loan or application; to remind you of upcoming payments; or for collections and other loan-related issues.
By submitting your contact information, registering for an account, applying for a Service or beginning an application for a Service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your loan or application, such as reminding you of upcoming payments, collections, and other loan-related issues. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location and contact information for you.
You hereby further consent that we may utilize third party service and other providers for the purposes of contacting you on our behalf in accordance with the Terms.
You may change your contact preferences by contacting us at (877) 392-2014 or while logged into your account, by visiting the account home screen.
The Site is protected by United States and international copyright and trademark laws and other applicable intellectual property laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by NETCREDIT. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content or other proprietary information without our express written consent. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. Additionally, you agree that you will not (i) remove or alter trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with NETCREDIT.
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or the Site, or if you submit any materials through third party services, such as by tagging us on Instagram (collectively, “Submissions”), you represent and warrant that you are the owner of or have the necessary rights and licenses to provide such Submissions. You further agree to, and hereby grant to us, a royalty-free, irrevocable, and fully transferable right and license to use the Submissions at our discretion and to use your name as provided in connection with your Submission or as set forth in your account. Please do not provide any Submissions that (i) are abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringes the intellectual property or privacy rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component. We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to any loss or damage that results from the Submissions being transmitted or made available on the Site or through the use of the Site and Services. NETCREDIT shall not be subject to any obligations of confidentiality regarding such Submissions except as may be expressly agreed in writing by NETCREDIT or as otherwise specifically required by law.
You can access and update certain information we have relating to your online account by signing into your account and going to the account home section of our Site. If you have questions about personal information we have about you or need to update your information, you can Contact us or call us at (877) 392-2014. You can opt-out of receiving marketing and promotional e-mails from NETCREDIT by using the opt-out or unsubscribe feature contained in the emails and located in your account homepage.
After you pay off your account balance in full, we may retain a copy of the information for archival purposes, to comply with state and federal laws, and to avoid identity theft or fraud.
From time to time, NETCREDIT may conduct promotions on or through the Site, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotions. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
We respect the intellectual property rights of others. If you believe work has been reproduced in a way that constitutes copyright infringement, you may notify our agent by providing the following information:
Upon obtaining such knowledge, we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following:
Notices of the foregoing copyright issues should be sent as follows:
By Mail: NetCredit Attn: Legal Department, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604.
By E-Mail: firstname.lastname@example.org
By Facsimile: 855.878.1068
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice. For further information about the DMCA, please visit the website of the United States Copyright Office at http://www.copyright.gov/onlinesp.
This Site may contain links to sites maintained by third parties. NETCREDIT is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites. Please note that other sites and webpages linked to or from this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions and privacy policies of those sites and webpages when visiting them.
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS,” AND “AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
EXCEPT WHERE PROHIBITED BY LAW, NEITHER NETCREDIT, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS NOR NETCREDIT’S LENDING PARTNERS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS THEREOF, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE SERVICES OR CONTENT, OR YOUR INABILITY TO ACCESS OR USE ANY OF THE FOREGOING, OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, THE SERVICES, SUBMISSIONS OR THE CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS WITH RESPECT TO THE INCIDENT GIVING RISE THE CAUSE OF ACTION. The foregoing limitation applies to the extent permitted by law in the applicable jurisdiction.
You agree to defend, indemnify and hold NETCREDIT and its lending partners and their respective affiliates, directors, officers, employees, agents, contractors, successors or assigns thereof harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms or violation of applicable law, any of your Submissions, your use of or access to the Site, or access by anyone accessing the Site using your account. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Certain features or Services available through the Site may be subject to additional terms, which will be presented to you at that time. In the event of a conflict between these Terms and such additional terms, the additional terms will govern solely with respect to such features and Services. Such additional terms are expressly incorporated into and made part of these Terms.
This Site is not directed at children under the age of thirteen (13). NETCREDIT does not knowingly collect personal information from any child under the age of thirteen (13) at this Site.
THIS ARBITRATION SECTION DOES NOT APPLY IF (1) YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT AND (2) OUR DISPUTE INVOLVES THE EXTENSION OF CONSUMER CREDIT.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NETCREDIT agree that each of the parties intends that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
Initial Attempt at Resolution of Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates in any way to the Site, the Services, Content, Submissions or these Terms (collectively, “Dispute”), excluding any claims relating to any of NETCREDIT’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth below under Injunctive Relief), then both you and NETCREDIT agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. NETCREDIT’s notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this sub-Section to send such notice. Your notice to NETCREDIT must be sent to: NETCREDIT, Attn: Legal Department, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. For a period of sixty (60) days from the date of receipt of notice from the other party, NETCREDIT and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or NETCREDIT to resolve the Dispute or Excluded Dispute on terms with respect to which you and NETCREDIT, in each party’s sole discretion, are not comfortable.
Forums for Alternative Dispute Resolution.
Arbitration. If NETCREDIT is unable to resolve a Dispute as set forth in the section above within sixty (60) days of receipt of the notice, then either party may submit the Dispute to formal arbitration in accordance with this sub-Section.
Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if NETCREDIT elects, in its sole discretion, to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award.
You can obtain AAA procedures, rules, and fee information as follows:
By calling AAA at: 800.778.7879
By visiting the AAA website at https://www.adr.org
Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. Each party is responsible to pay the applicable administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require NETCREDIT to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then NETCREDIT will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE OR IT WILL BE FOREVER BARRED.
Injunctive Relief. The foregoing provisions of this Arbitration Section will not apply to any legal action taken by NETCREDIT to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, Services, any Content, Submissions and/or NETCREDIT’s intellectual property rights.
Small Claims Matters are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either party may bring qualifying claim of Disputes in small claims court, subject to the Section Federal and State Courts in Cook County, IL below.
No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to the Arbitration sub-Section above holds that this restriction is unconscionable or unenforceable, then the agreement in the Forums for Alternative Dispute Resolution Section above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to the Section directly below.
Federal and State Courts in Cook County, IL. Except to the extent that arbitration is required in Forums for Alternative Dispute Resolution Section above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Cook County, Illinois. Accordingly, both you and NETCREDIT consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Individuals with disabilities who require an accommodation to access our products or services should contact us via email at email@example.com; by telephone at (877) 392-2014; or by mail at 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. Please note that we may need advance notice to provide certain accommodations.
Any failure by NETCREDIT to exercise any rights or enforce any of these Terms shall not constitute a waiver of such rights or Terms. If any provision of these Terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms constitute the entire agreement between you and NETCREDIT with regard to your use of the Site, Services or the Content, and any and all other written or oral agreements or understandings previously existing between you and NETCREDIT with respect to such use are hereby superseded and cancelled. NETCREDIT will not accept any counter-offers to these Terms, and all such offers are hereby rejected.
This Site, the Services and its Content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site, Services or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.