TERMS OF USE

TERMS OF USE AGREEMENT FOR USING THIS WEBSITE AND/OR THIS SYSTEM OR METHOD

I Prefer Payments, LLC, (“I Prefer Payments, LLC”) 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 or any portion thereof, through any direct or indirect means (individually or collectively, “Websites” or “Website”), or by using the System and Method, goods, facilities or services offered in or through the Websites through alternative methods (including, for example, any electronic device, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” and “Websites” include use through these alternative methods).

 

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY.

 

These provisions form an essential basis of our bargain.

 

If you do not agree to these terms and conditions, you are not authorized to access or use the system and method or the Website(s) and you are to cease accessing or otherwise using the Website(s) and the services offered therein.

 

For purposes of this Agreement, “You” or “Your” means the person(s) using the System and Method, Websites, and/or the goods, facilities or services of I Prefer Payments, LLC (“Site” and/or “Services”) and its companies offered through alternative methods, including persons that allow others to provide information about themselves to I Prefer Payments, LLC, the banks, lenders, financial institutions and providers on I Prefer Payments, LLC’s network (“Participating Lender Partners”), providers and partners. “I Prefer Payments, LLC”, “us” or “we” means, but is not limited to I Prefer Payments, LLC.

 

THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES. TERMS Of USE.

 

 I Prefer Payments, LLC operates the Websites and shall have the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use, or any part hereof. Such changes, modification, additions, or deletions shall be effective immediately upon posting on the Websites. Any use by you of the Websites or the good, facilities or services offered in or through the Websites 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 and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this Site or utilizing I Prefer Payments, LLC’s Services.

 

 

 

1. LOAN REQUEST SERVICES

I Prefer Payments, LLC offers non-mortgage (including automobile loan, commercial loan, credit card, personal loans, and business loans) loan request(s) services, explained in more detail below. NOTE: Pursuant to the contracts between I Prefer Payments, LLC, and the Participating Lender Partners on its network, I Prefer Payments, LLC may also receive information from your Participating Lender Partner regarding the status of your application including, but not limited to, the amount or disposition of your loan. Information specific to your Lending Partner’s use of your information will be found in your Lending Partner’s specific Privacy Policy. NOTE: You are providing express written consent for I Prefer Payments LLC, and the selected Participating Lender Partner to share this personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

I Prefer Payments, LLC is not a lender or a creditor.

 I Prefer Payments LLC does not make loans or credit decisions in connection with loans. I Prefer Payments, LLC does not endorse or recommend the products of any Participating Lender Partner. I Prefer Payments, LLC is not an agent of either you or any Participating Lender Partner. I Prefer Payments, LLC’s services are only administrative. You should rely on your own judgment in deciding which available loan product, terms or Participating Lender Partner best suits your needs and financial means. The Participating Lender Partner is solely responsible for its services to you, and you agree that I Prefer Payments, LLC 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. You understand that Participating Lender Partners may keep your loan request information and any other information provided by I Prefer Payments, LLC or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any Participating Lender Partner directly if you no longer want to receive communications from them.

The Websites and the services provided by I Prefer Payments, LLC are available in connection with nonmortgage loans unless otherwise specified. Loans may only be made to residents of states where Participating Lender Partners are licensed or authorized to make such loans. I Prefer Payments, LLC and Participating Lender Partners expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.

The data and other information you may provide through I Prefer Payments, LLC, to be transmitted to Participating Lending Source, is treated as an application for a loan or a request to be pre-approved, prequalified or any similar concept. You authorize I Prefer Payments LLC, and their Participating Lenders to investigate any and all representation made within the application including residence, employment and credit history, which includes accessing my information with Credit Reporting Agencies. This information is needed to determine which Participating Lender(s) your application will be submitted to for review. I Prefer Payments, LLC does not guarantee any loan or offer whatsoever.

 

 I Prefer Payments, LLC does not guarantee that the loan terms or rates offered and made available by Participating Lender Partners are the best terms or lowest rates available in the market. A Lending Partner’s conditional loan offer may be subject to market conditions, approval, and qualification. The rates and fees provided by Participating Lender Partners may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Participating Lender Partners may not offer all products as well as not offer products in all states. You might not be matched with the Participating Lender Partner making any specific offer.

 To help the government fight identity theft, the funding of terrorism and money laundering activities, Participating Lender Partners may obtain, verify and record information that identifies each person who opens an account with them. They may ask for your name, Social Security Number, address, telephone number, date of birth and other important information that will allow them to properly identify you. During the Participating Lender Partners’ formal application process, they may also ask to see your driver’s license or other identifying documentation to further assist in certifying your identity.

I Prefer Payments, LLC is paid a fee by Participating Lender Partners for funded loans. Your use of the Websites and/or I Prefer Payments, LLC’s services constitutes your agreement with this compensation arrangement. At closing, you will be responsible for paying for any closing costs associated with your loan (such as loan processing, underwriting, acquisition, or funding fees). Said fees may or may not be included in your amount financed with your Participating Lender Partner.

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 I Prefer Payments, LLC to each of the Participating Lender Partners to whom your loan request is transmitted. 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 Signatures, Records and Disclosures from I Prefer Payments, LLC and its Participating Lender Partners. 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 I Prefer Payments LLC and it’s Participating Lender Partners 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. Not all Participating Lender Partners will receive and/or utilize your SSN to access your credit report and/or credit score. I Prefer Payments LLC and it’s Participating Lender Partners may do a soft or hard inquiry to adhere to Anti-Money Laundering and other legal requirements and to assist in identification and verification of consumers, as well as to prevent fraud.

By submitting the loan request, you are extending an express invitation to each Participating Lender Partner you have been matched with to contact you by telephone at the numbers (whether landline or cellular) you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. By submitting your information, you give I Prefer Payments, LLC permission to retain all such provided information. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by emailing I Prefer Payments LLC at [email protected]

You authorize I Prefer Payments LLC to obtain any and all necessary information required from the Participating Lender Partners you choose to report back any and all required information relating to the disposition of your request. For example, if the loan closed, if you withdrew the request, if you were not approved. In addition, under current reporting requirements the Participating Lender Partner may provide to I Prefer Payments, LLC the loan you selected, the terms of the same, fees, rate, APR etc. in order to comply with current laws and regulations.

 To determine which Participating Lender Partners may be matched with you, Participating Lender Partners provide us criteria about the type of loan (for example, loan amount or credit terms) and the type of loan customer (for example, state of residence or creditworthiness) in which the Participating Lender Partner is interested. I Prefer Payments, LLC will provide your information only to Participating Lender Partners whose criteria match your customer profile.

 All loans are subject to credit approval. Interest rates and loan fees vary and are based upon borrower and/or cosigner (where applicable), credit score and other underwriting criteria. Approval and underwriting criteria standards are established and maintained solely by the individual Participating Lender Partner(s) and not by I Prefer Payments LLC.

When Participating Lender Partners receive your loan request, they are not agreeing to lend you money and there will not be such an agreement until the time that the loan is actually disbursed to you. Participating Lender Partners have the right to accept or reject your cosigner and lend an amount less than the amount requested.

 In addition, by submitting your loan request, you authorize I Prefer Payments, LLC and it’s Participating Lender Partners to verify the accuracy and authenticity of all information supplied by you both internally and with the assistance of non-affiliated third parties. Specifically, you authorize the I Prefer Payments LLC and it’s Participating Lender Partners to verify your enrollment status with your school and other organizations and to verify your employment status by contacting your employer. I Prefer Payments, LLC and Participating Lender Partner may also verify any income information that you provide. In all cases, I Prefer Payments, LLC and Participating Lender Partner may disclose the fact that you are applying for credit from a/such Participating Lender Partner.

Notice for California Residents. A married consumer may request separate credit. A married consumer may include a spouse’s income even when requesting for a separate account.

Notice for Ohio Residents. The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.

 Notice for Married Wisconsin Residents. No provision of a marital property agreement (pre-marital agreement), a unilateral statement under Section 766.59 of the Wisconsin Statutes, or a court decree under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless, prior to the time the credit is granted, the creditor is furnished a copy of the marital property agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the loan for which you are applying is granted, your spouse will also receive notification that credit has been extended to you.

 Products and services may only be made to residents of states where Participating Lender Partners are licensed or authorized to make such products or services available. I Prefer Payments, LLC and Participating Lender Partners expressly reserve the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Websites at any time, without prior notice. By submitting the request form, you authorize I Prefer Payments, LLC to provide information that you provided or that I Prefer Payments, LLC has or may receive from others to Participating Lender Partners or their finders, along with any additional providers necessary to complete your transaction. By submitting any eligibility form, you authorize I Prefer Payments, LLC to provide your information to Participating Lender Partners or finders to discuss, review or provide product or services information and opportunities. You also authorize I Prefer Payments, LLC and its Participating Lender Partners and finders along with any additional providers necessary to complete your transaction, to request from one or multiple credit bureaus/reporting agencies, your credit bureau report including any ancillary credit scores or ratings.

3. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES

All contents of the Websites content are: Protected by our license with the Patent Holder for Electronic Lending (United States Patent and Trademark Office; US Patent #8,909,551) with all rights reserved by License Agreement and Copyright. Other product and company names mentioned herein, including the names of Participating Lender Partners, may be the trademarks of their respective owners.

Nothing on the Websites should be construed as granting, by implication, estoppal or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Websites, without the prior written permission of I Prefer Payments, LLC or the applicable Mark holder specific for each such use. The Marks may not be used to disparage I Prefer Payments, LLC, the Participating Lender Partners, the 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 I Prefer Payments, LLC in writing.

The Websites does contain Patented and copyrighted materials, trademarks and other proprietary information, including, but not limited to, the system and method, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are Patented as a collective work under the United States Patent and Trademark Office U S Patent 8,909,551 as well as copyright laws. I Prefer Payments, LLC owns a Patent License and 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 Patent and 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 I Prefer Payments, LLC and the Patent and copyright owner.

4. DISCLAIMERS AND LIABILITY

I Prefer Payments, LLC intends that the information contained in the Websites 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 I Prefer Payments, LLC be liable for any loss or damage caused by your reliance on information obtained through the Websites.

It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. I PREFER PAYMENTS, LLC AND/OR ITS SUPPLIERS, PARTICIPATING LENDER PARTNERS, OR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES 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 WEBSITES AND/OR I PREFER PAYMENTS, LLC’S SERVICES IS AT YOUR OWN RISK. I PREFER PAYMENTS, LLC AND/OR ITS SUPPLIERS, PARTICIPATING LENDER PARTNERS, OR PROVIDERS 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 WEBSITES AND/OR I PREFER PAYMENTS, LLC ‘s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, 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 I PREFER PAYMENTS, LLC RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF I PREFER PAYMENTS, LLC AND/OR ITS SUPPLIERS OR PROVIDERS 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.

5        CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES (“E-Consent”)

 Please read this information carefully 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 Participating Lender Partners. In order to offer you a loan, the I Prefer Payments LLC and it’s Participating Lender Partners 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 Participating Lender Partner directly. The Participating Lender Partners will provide paper copies. The Participating Lender Partners will retain all Disclosures as applicable law requires.

Scope of Consent. This E-Consent applies to all interactions on-line concerning you and the Participating Lender Partner and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, I Prefer Payments, LLC and the third-party Participating Lender Partner may process your information and interact during all on-line interactions with you electronically. The Participating Lender Partner may also send you notices electronically related to its interactions and transactions. Disclosures may be provided on-line at our or third-party Participating Lender Partners’ websites and may be provided by e-mail.

Consenting to Do Business Electronically. Before you decide to do business electronically with the Participating Lender Partners, 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 Participating Lender Partners.

 Withdrawing Consent. Your E-Consent for our matching service and for our Participating Lender Partners’ consideration of your matching request cannot be withdrawn because it is a one-time transaction. If you are matched with one or more Participating Lender Partners, you are free to withdraw your E-Consent with those Participating Lender Partners 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 Participating Lender Partner. Contact the Participating Lender Partner 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 Participating Lender Partner informed of any change in your electronic address or mailing address. You may update such information by logging into the third party Lending Partner’s website or by sending the Participating Lender Partner a written update by mail.

YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING ON ANY BOX OR LINK TO PROCEED ON THIS WEBSITE, YOU AGREE TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.

BY CLICKING ON ANY BOX OR LINK TO PROCEED ON THIS WEBSITE, 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 PARTICIPATING LENDER PATNER 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 PARTICIPATING LENDER PARTNER OVER THE INTERNET.

6.PRIVACY POLICY

The I Prefer Payments, LLC Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you.

 

 

7. INDEMNITY

As a condition of use of the Websites and/or I Prefer Payments, LLC’s services, you agree to indemnify I Prefer Payments, LLC and its suppliers, I Prefer Payments, LLC, Participating Lender Partners and providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

8. LIMITATION ON DAMAGES

 In no event will I Prefer Payments, LLC have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.

9. LINKS TO THIRD PARTY WEBSITES

The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. I Prefer Payments, LLC does not operate or control in any respect any information, software, products or services available on such websites. I Prefer Payments, LLC’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 Websites please note that I Prefer Payments, LLC 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.

10. ERRORS AND DELAYS

I Prefer Payments, LLC 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 Websites, to the goods or services provided by I Prefer Payments, LLC , or to any acts or omissions for which you may contend I Prefer Payments, LLC 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 I PREFER PAYMENTS, LLC 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 I Prefer Payments, LLC’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 I Prefer Payments, LLC , the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state of Texas, County of Dallas. 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 Websites, 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 Websites established by I Prefer Payments, LLC) constitutes the entire agreement between you and I Prefer Payments, LLC and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and I Prefer Payments, LLC with respect to the Websites 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 New York, 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.

 

 

Disclaimer: The loans available are not mortgage loans, are not originated by I Prefer Payments, LLC, and I Prefer Payments, LLC is not affiliated with the Participating Lender Partners offering them. All loans are subject to credit approval. Programs, rates, terms and conditions are subject to change and may expire without notice. Other restrictions may apply. All applications must be submitted in writing. This document is not a loan disclosure and all disclosures provided after applying should be reviewed carefully. This is not a commitment to provide a loan approval or a specific interest rate.

 

Patented: United States Patent and Trademark Office # 8,909,551