Terms of Service

These Website Terms of Service (including any document incorporated by reference herein) for the ExcelLend Finance websites, and such other websites as may be owned and/or controlled by ExcelLend Finance (collectively the “websites”) that contain these Website Terms of Service (“Terms of Service”), constitute a legal agreement between you and ExcelLend Finance and cover all aspects of your use of the websites and, to the extent not superseded by the terms and conditions of any contract we may sign with you, of any product or service that we may supply to you.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE YOUR USE OF THE WEBSITES.

These Terms of Service affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials.
‍‍
1. Eligibility; Privacy.
The products and services offered through the websites are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. BY CLICKING ANY “SUBMIT” OR OTHER BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
‍‍
Some of the products and services offered through the websites may be subject to additional terms and conditions, including those products and services offered by or through third-party providers. To the extent not inconsistent with these Terms of Service, these additional terms and conditions are hereby incorporated herein by reference; however, in the case of any inconsistency between these Terms of Service and any other document that is incorporated by reference herein, these Terms of Service shall control.
ExcelLend Finance has made a commitment to protecting the privacy of those who visit our websites and access the products and services available therein. ExcelLend Finance’ Privacy Policy is hereby incorporated herein by reference.
‍
2. Products and Services.
‍Certain of the websites function as an online marketplace where visitors can research and submit requests for debt consolidation services or research different types of consumer loans, as well as other products and services. You understand and agree that if you submit a request for a product or service or for further information relating to a product or service offered through any of the websites, ExcelLend Finance will share such of your information as may be required in order to match you with selected providers of the products and/or services that you request.
By submitting your contact information to us, you are expressly consenting to be contacted by us or by one or more providers of products and services 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.

3. Modification of These Terms of Service.
‍ExcelLend Finance reserves the right to change, modify, add or remove portions of these Terms of Service at any time by posting amended Terms of Service. Please check these Terms of Service periodically for changes. Your continued use of any of the websites after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms of Service will be effective immediately and without further notice.

4. License Grants.
Subject to your compliance with these Terms of Service, ExcelLend Finance hereby grants you a personal, limited, non-exclusive, non-transferable revocable license to use the websites for purposes of accessing the information and contacting the providers of the products and services contained therein.

ExcelLend Finance expressly reserves all rights not specifically granted herein, including but not limited to the right to exercise whatever lawful means it deems necessary or appropriate to prevent unauthorized use of the websites.
By using the websites, you hereby grant to ExcelLend Finance a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, royalty-free license to transfer, display, reproduce, distribute, modify and otherwise use your personal and other information, subject to the restrictions set forth herein (including ExcelLend Finance’ Privacy Policy).

5. Prohibited Conduct.
By using the websites, you agree not to:

Use the websites for any purpose other than to access the information and contact the providers of the products and services advertised therein.
Submit, transmit or facilitate the distribution of information or content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the websites or bypass the measures we may use to prevent or restrict access to the websites.
Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
Use any robot, spider, scraper or other similar system to access the websites.
Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.
OR
Submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

6. Ownership & Proprietary Rights.
The websites are owned and operated by ExcelLend Finance. All content displayed on the websites, as well as all visual interfaces, graphics, designs, information, computer code (including source code or object code), software and all other elements of the websites are protected by United States copyright, trade dress, patent and trade/service mark laws, international conventions, where applicable, and all other relevant intellectual property and proprietary rights and laws. Except as otherwise specified on the websites, all content contained on the websites is the property of ExcelLend Finance and/or its third-party licensors. Except as expressly authorized by ExcelLend Finance, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of such content.
‍
7. Links to Third-Party Sites; Dealings with Third Parties.
The websites may include links or references to other web sites owned or operated by third parties with which ExcelLend Finance may have a relationship. ExcelLend Finance has no control over such third party web sites and, thus, is not responsible for their availability, content or advertising, or any products or services available from such third parties. Your correspondence or business dealings with such third parties are solely between you and such third party. Access and use of such web sites is solely at your own risk.

Your correspondence or business dealings with any third parties, including, but not limited to, business dealings with debt consolidation services, consumer loan brokers or lenders, insurance agents or carriers or any other product or service provider are solely between you and such third party. ExcelLend Finance is not responsible for any terms, conditions, warranties or representations associated with such dealings or liable for any loss or damage of any sort incurred as the result of such dealings.
By using the websites as directed, you are acknowledging that ExcelLend Finance does not make credit decisions in connection with any product or service offered to you, does not recommend, endorse, warrant or guarantee the products or services of any third party and is not party to any discussions that you may have or agreement that you may make with any third party. ExcelLend Finance does not charge anyone a fee to use the websites.

8. Termination, Exclusive Remedy.
ExcelLend Finance at any time, in its sole discretion, for any or no reason, and without penalty or liability, may terminate your use of the websites and terminate any session. ExcelLend Finance may also in its sole discretion and at any time discontinue providing access to one or more websites. Any termination of access to the websites may be effected with or without prior notice, and ExcelLend Finance will not be liable to you or to any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Your sole and exclusive remedy with respect to any dissatisfaction with:
(1) the websites,
(2) any term or condition of these Terms of Service or
(3) any policy or practice of ExcelLend Finance in operating any website is to terminate your access to and discontinuing use of the websites.

9. Indemnification.
You agree to indemnify, save and hold ExcelLend Finance and its contractors, employees, agents and its third party suppliers and business partners harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of your use or misuse of the websites, any violation by you of these Terms of Service or any breach of the representations, warranties and covenants made by you herein. ExcelLend Finance reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with ExcelLend Finance’ defense of any such claims. ExcelLend Finance will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
‍
10. No Warranty; Disclaimers.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXCELLEND FINANCE AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXCELLEND FINANCE OR THROUGH THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10, THE TERM “EXCELLEND FINANCE” INCLUDES EXCELLEND FINANCE’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSEES AND SUBCONTRACTORS.
‍
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER CONTENT, THIRD PARTY SITES, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITH NO ASSURANCES THAT THE WEBSITES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO FAILURES, CORRUPTION, ERASURES OR LOSS OF DATA TRANSMITTED IN CONNECTION WITH THE WEBSITES. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT ACCESSED THROUGH THE WEBSITES AND THE OPERATION OF THE WEBSITES WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY EXCELLEND. FINANCE, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, DUE CARE AND SKILL OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED TO THE EXTENT PERMITTED BY LAW.

11. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL EXCELLEND FINANCE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITES, EVEN IF EXCELLEND FINANCE OR EXCELLEND FINANCE’ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EXCELLEND FINANCE’ OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
‍
12. Miscellaneous
If there is any dispute between you and ExcelLend Finance about or involving these Terms of Service, the websites, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of the State of California. The failure of ExcelLend Finance to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect.

YOU AND EXCELLEND FINANCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

13. Arbitration Provision/No Class Action
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND EXCELLEND FINANCE, WHETHER ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR IN CONNECTION WITH YOUR USE OF THE WEBSITES, WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY.


YOU AGREE THAT YOU AND EXCELLEND FINANCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT TO ARBITRATE.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to ExcelLend Finance. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAA's Consumer Arbitration Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

‍
13.2.1 Exceptions
Notwithstanding the clause above (13.2.1), you and ExcelLend Finance both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.

13.2.2 No Class Or Representative Proceedings: Class Action Waiver
YOU AND ExcelLend Finance AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and ExcelLend Finance agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

13.2.3 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and ExcelLend Finance will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and ExcelLend Finance agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. ExcelLend Finance can also help put you in touch with the AAA.

13.2.4 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). ExcelLend Finance's address for Notice is: ExcelLend Finance Marketing, LLC, Attn: General Counsel, 222 S Riverside Plaza, Suite 1500, Chicago, IL 60606. The Notice must:
(1) describe the nature and basis of the claim or dispute; and
(2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or ExcelLend Finance may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

13.2.5 Enforceability
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 13.1 shall govern any claim in court arising out of or related to the Agreements.

14. Others
14.1 Notice. ExcelLend Finance may provide you with notices by e-mail, regular mail or postings on any website. Notice will be deemed given twenty-four hours after e-mail is sent, unless ExcelLend Finance is notified that the e-mail address used is invalid. Alternatively, ExcelLend Finance may give you legal notice by mail to a postal address, if provided by you through any website. In such case, notice will be deemed given three (3) calendar days after the date of mailing.
‍
14.2 Waiver and Severability of Terms.
The failure of ExcelLend Finance to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by ExcelLend Finance. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Service shall remain in full force and effect and the parties agree that such court should endeavor to give effect to the parties’ intentions.

14.3 Choice of Law; Forum.
These Terms of Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. If you reside in Idaho these Terms of Service shall be governed in all respects by the laws of the State of Idaho.

Any claim or dispute you may have against ExcelLend Finance must be resolved by a court located in San Diego, California, except as otherwise agreed by the parties or as described in Paragraph 13. You agree to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes. If you are located in Idaho you are exempt from this rule as Idaho consumers are bound by the laws of the State of Idaho

All claims filed or brought contrary to either Section 13 or this Section 14.3 shall be considered improperly filed. Should you file a claim improperly, ExcelLend Finance may recover reasonable attorneys’ fees and costs, provided that ExcelLend Finance has notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly. This is not applicable to Idaho consumers.

14.4 Assignment.
You may not transfer or assign any of your rights and obligations under these Terms of Service without the express prior written consent of ExcelLend Finance, given in its sole discretion. However, you acknowledge and agree that ExcelLend Finance may freely and without restriction or limitation assign or transfer any of its rights and obligations under these Terms of Service.

14.5 Ownership of Information.
If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions

14.6 Copyright Infringement Policy.
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on www.excellendfinance.com has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

A physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
Identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
Identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
Information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law;
anda statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

14.7 Entire Agreement.
These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and ExcelLend Finance and govern your use of the websites, superseding any prior agreements between you and ExcelLend Finance. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use or purchase certain products and/or services provided by ExcelLend Finance or one of ExcelLend Finance’s third party business partners.
‍
‍14.8 Survival.
The following paragraphs shall survive termination or your refusal to continue to use the Service: 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14.

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.
‍