AURUMLOANS.COM WEBSITE (“WE”, “I”, “US”, “OUR”, “SITE”, WEBSITE) AS PER COMPLETION AND SUBMISSION OF AN APPLICATION TO BE MATCHED WITH A LENDER, YOU AGREE TO THE TERMS OF SERVICE (T.O.C), AS WELL AS THE PRIVACY POLICY STATED IN THIS WEBSITE, WITH REFERENCE INTO THIS AGREEMENT. BEFORE COMPLETING AND SUBMITTING YOUR APPLICATION WE ADVISE THAT YOU READ THIS AGREEMENT AND THE PRIVACY POLICY. ACCESS TO THIS LOAN MARKETPLACE SITE WILL BE PROHIBITED, IF YOU DO NOT AGREE WITH THE T.O.S, SERVICE, AS WELL AS THE PRIVACY POLICY OF THIS WEBSITE.
All references herein to “Applicant” or “you” refer to any user of this Website and the Service.
The terms of service (T.O.S) stated in this Service Agreement (“Agreement”) govern your use of AURUMLOANS.COM loan marketplace Service (“Service”). Please read the T.O.S before accessing, deciding, or using any part of the Service. We provide the Service to you only on the condition that you accept and agree to all of the terms and service (T.O.S) stated in this Agreement. The effects of this Agreement will begin at the moment you submit your application (“Application”) to be matched with one or more lenders participating in our network of personal lenders (“Lender”), and/or begin downloading, accessing, or using the Service, whichever is earliest.
AURUMLOANS.COM IS A LOAN MARKETPLACE WEBSITE SERVICE, AND DOES NOT PROVIDE CREDIT DECISIONS, NOR FORWARD CASH. AURUMLOANS.COM WILL NOT SOLICIT, NOR CONSTITUTE AN OFFER TO LEND. APPLICATION SUBMITTED BY YOU TO OUR WEBSITE WILL BE SHARED TO A NUMBER OF LENDERS. WE DO NOT GUARANTEE THAT YOU WILL RECEIVE ANY TYPE OF LOAN, LENDER MATCH OR PROGRAM. PRICE PRODUCT AVAILABILITY, RATES, FEES, OR ANY OTHER TERMS OFFERED AND MADE BY LENDERS ARE NOT GUARANTEED. THE SERVICE ONLY OFFERS THE BEST AVAILABLE RATE AT THE MARKET. NOT ALL LENDERS PARTICIPATING IN THIS SERVICE CAN PROVIDE YOUR REQUESTED LOAN AMOUNT OR THE MOST FAVORABLE REPAYMENT TERMS. IN ACCORDANCE TO THE FAIR CREDIT REPORTING ACT, YOU ARE PROVIDING EXPRESS WRITTEN CONSENT FOR OUR LENDERS WITH WHOM YOU ARE MATCHED.
1. Eligibility Requirements.
You must be at least 18 years of age (or the age of legality in your state of residence). Providing fraudulent, incomplete, or inaccuracies in your Application, may terminate your access to and use of the Service. It is your responsibility to keep the confidentiality with your Application. THE SERVICE IS NOT AVAILABLE TO RESIDENTS OF ARKANSAS, GEORGIA, NEW YORK, OREGON, WASHINGTON, WEST VIRGINIA & VERMONT OR TO ACTIVE MEMBERS OF THE MILITARY.
2. Application Process.
Aurumloans.com works to match completed and submitted Application form with one or more Lenders. The requested information in the Application form may include (as a form of an example and not limitation) your name, street address, date of birth, telephone number, banking desired loan amount, account information, social security number, employment information, and at the time of collection, other information requested. Alimony, child support, or separate maintenance income need not be disclosed unless relied upon for credit. The information you provide to us in your Application is of accuracy, without false representation. If you do not provide such information in such manner, we reserve the right to deny, suspend, or terminate Service. We reserve the right to refuse to provide the Service to you, in our sole discretion, with or without cause. By submitting your Application, you understand and agree that (a) you are submitting an inquiry to us about loan products offered by Lenders, (b) we will share some or all of your Application information with Lenders, consistent with the terms of our Privacy Policy, and (c) you agree to allow those Lenders to review, verify, and research your information in real-time or otherwise to determine whether you may qualify to receive a loan from them, including by verifying your social security number, reviewing your information against national databases of consumer financial transaction information, performing a credit check, and/or taking any other steps necessary to make a decision on whether to extend credit or advance cash.
CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES (“E-Consent”)Carefully read this information and print a copy and/or retain this information for future reference.
Introduction. You are submitting a request to be matched with one of our third party lenders. In order to offer you a loan, the third party lenders need your consent to use and accept electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“Disclosures”).
Option for Paper or Non-Electronic Records. You may request any Disclosures in paper copy by contacting the third party lender directly. The lenders will provide paper copies at no charge. The lenders will retain all Disclosures as applicable law requires.
Scope of Consent. This E-Consent applies to all interactions online concerning you and the third party lender and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, the third party lender may process your information and interact during all online interactions with you electronically. The lender may also send you notices electronically related to its interactions and transactions. Disclosures may be provided online at our or third party lenders’ websites, and may be provided by e-mail.
Consenting to Do Business Electronically. Before you decide to do business electronically with the third party lenders, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements directly to the third party lenders.
Withdrawing Consent. Your E-Consent for our matching service and for our third party lenders’ consideration of your matching request cannot be withdrawn because it is a one-time transaction. If you are matched with one or more third party lenders, you are free to withdraw your E-Consent with those third party lenders at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining credit from the lender. Contact the third party lender directly if you wish to withdraw this E-Consent. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.
Change to Your Contact Information. You should keep third party lenders informed of any change in your electronic address or mailing address. You may update such information by logging into the third party lender’s website or by sending the lender a written update by mail.
YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING THE LINK, YOU ACCEPT TO OUR TERMS. ACKNOWLEDGING THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.
CONSENT. BY CLICKING THE LINK, YOU ASSENT TO THE TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE LENDER ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM THIRD PARTY LENDERS OVER THE INTERNET.
Under the federal E-SIGN Act and related state laws, with your consent, we can deliver such required information to you electronically and can use electronic records and electronic signatures in connection with your transactions with lenders in our network. If you do not want to receive the required information electronically, or do not want to use electronic signatures in connection with your transactions with the lenders, you should not agree to the terms of this agreement. If you do not consent to receiving the required information electronically, or do not consent to the use of electronic signatures in connection with your transactions with lenders in our network, we will not be able to proceed with you.
3. Lender Review Process.
If one or more Lenders review your Application information and determine that you meet its loan qualification criteria, we will provide you the name(s) and contact information of the Lender(s) or redirect your browser to the Lender’s website. Once we connect you with a Lender in either manner, we have no further involvement in the loan application or approval process. Your subsequent interactions with the Lender are subject to the Lender’s privacy policies, terms of use, and other policies or terms enforced by that Lender. In addition, Lenders who review your information may contact you at a later time to offer their products and services to you.
I expressly authorize the third party lender I am matched with to share among its affiliates, loan servicer, and bank partners any transaction history related to my financial products or services received or serviced through the third party lender for the purpose of evaluating me for credit.
We are not responsible for any failure or delay in providing the Service caused by errors, inaccuracies, or falsity in any of the Application information provided by your or by any technical problems beyond our reasonable control.
We are not an agent of you or any Lender. We are not involved with the Lender’s review and/or use of your Application information or in making a determination about whether you meet a particular Lender’s loan qualification criteria. We do not recommend or endorse the products of any particular lender. The Lender is solely responsible for its services to you, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Service. You understand that Lenders may keep your Application information for their own business and marketing purposes, whether or not you qualify for a loan with them.
4. License
This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this Agreement. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sub-license, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another Applicant or any other systems or networks connected to this Site or to any of our servers or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or our systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact us. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
5. Disclaimer of Warranties, Release, and Limitation of Liability.
THE SERVICE AND SITE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED THEREIN (COLLECTIVELY, “SERVICE INFORMATION”) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICE INFORMATION AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE SERVICE INFORMATION. WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, LENDERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICE INFORMATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU ACCESS FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Some jurisdictions do not allow the disclaimer of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly absolve and release us and our Lenders from any claim of harm resulting from a cause beyond our or our Lenders’ control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR PARENT, LICENSORS, SUBSIDIARIES, ADVERTISERS, LENDERS AND AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THIS SITE, THE SERVICE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTUROUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. You hereby agree to indemnify and hold us harmless against any claims made by you or your successors arising out of or related to any violation of federal, state or local laws relating to any loan that you receive through the Service or your interactions with any Lender with whom you were connected through the Service.
6. Termination.
We may temporarily or permanently stop providing the Service (or any features within the Service) to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) we are required to do so by law, (c) we believe, in our sole discretion, that you have committed fraud with respect to your access to and use of the Service, (d) the Lender or other business partner with whom we offer the Service to you has terminated its relationship with us, (e) the provision of the Service to you by us is, in our sole opinion, no longer commercially viable, or (f) we are no longer providing the Service to customers in the jurisdiction in which you reside or from which you use the Service. Termination is effective without notice.
7. Governing Law; Dispute Resolution.
This Agreement will be governed by and construed in accordance with the laws of the State of Kansas, without regard to principles of conflicts or choice of law. All disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Johnson County, Kansas and judgment on the arbitration award may be entered into any court of competent jurisdiction in Johnson County, Kansas. No arbitrator shall have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU 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. By using our Service, you consent to these restrictions. In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Johnson County, Kansas. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8. Miscellaneous.
This Agreement, including the Privacy Policy which is incorporated herein, constitutes the entire agreement between you and us with respect to your use of the Service. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by us, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.