Terms of Use

Welcome to Microloan.com (referred to as, "Website", "site", "we", "us", or "our"). Access to and use of this site is provided subject to the following terms of use.

AGREEMENT

These Terms of Use (the "Agreement") constitute a legally binding agreement by and between us and you concerning your use of our website and the services available through the Website (the "Services"). By using the Website and Services, you represent and warrant that you have read and understand, and agree to be bound by, this Agreement and our Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

NOT A LENDER

We are a lead generator. This Website does not constitute an offer or solicitation to lend. We are NOT A LENDER, do not make loan or credit decisions, and do not broker loans. The operator of this Website is not an agent, representative or broker of any lender and does not endorse or charge you for any service or product.

LOAN AMOUNTS

If your application is for a shot-term loan, not all short-term lenders can provide up to $1,000; if you are applying for an installment loan, not all installment loan lenders can provide up to $50,000. Cash transfer times may vary between lenders and in some circumstances faxing may be required. Completion of this application in no way guarantees that you will be approved for a cash advance offer.

Additionally, if you are seeking a particular form of credit for which you do not qualify, you may receive solicitations for a form of credit that you are not seeking. The terms of the credit offered may be inferior to those you were originally seeking. You do not have to accept or respond to these solicitations.

CHANGES TO AGREEMENT AND PRIVACY POLICY

WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless we obtain your express consent, any revised Privacy Policy will apply only to information collected by us after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policy.

ELIGIBILITY

We do not seek to do business with residents of Arkansas, Arizona, Georgia, Georgia, Virginia, West Virginia, Arizona, Arkansas, Connecticut, District of Columbia, Maryland, New York, New Jersey, North Carolina, Pennsylvania, Pennsylvania, Massachusetts, Vermont, and Ohio. BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A RESIDENT OF THE UNITED STATES (BUT NOT A RESIDENT OF ARKANSAS, ARIZONA, GEORGIA, OREGON, WEST VIRGINIA OR ANY OTHER STATE WHERE PAYDAY LOANS ARE PROHIBITED BY LAW), AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.

LICENSE

Subject to your compliance with the terms and conditions of this Agreement, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website and Services. THE WEBSITE AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE (EXCEPT AS EXPRESSLY SET FORTH HEREIN). The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed without our express written consent. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of ours or of any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.

USER INFORMATION

In connection with your use of the Services, you are required to complete an application form. You represent and warrant that all user information you provide on the application form or otherwise in connection with your use of the Website and Services will be current, complete and accurate.

RELATIONSHIP AND OBLIGATION OF THE PARTIES

You acknowledge and agree that you and lenders ("Lenders") enter contracts directly with each other to obtain or provide certain short-term loans. We are not a party to any contract between you and Lenders for short-term loans, and is not involved in the contracting between you and Lenders. All rights and obligations for short-term loans are solely between you and Lenders. WE HAVE NO CONTROL OVER AND DO NOT REPRESENT, WARRANT, OR GUARANTEE THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR OFFERED SHORT-TERM LOANS, THE ABILITY OF LENDERS TO DELIVER SHORT-TERM LOANS, YOUR ABILITY TO REPAY SHORT-TERM LOANS, OR THAT YOU OR LENDER WILL ENTER A BORROWER-LENDER RELATIONSHIP. You and Lender must look solely to the other for the enforcement and performance of all their rights and obligations for short-term loans, and any other terms, conditions, representations, or warranties associated with such dealings.

EMAIL CONSENT

By completing an application through the Website, you consent to receive certain administrative email communications from us and our licensees and lead purchasers. You also consent to receive periodic online and offline marketing communications from us and our lead purchasers. You may opt out of receiving marketing communications at any time by clicking the unsubscribe link and following the opt-out instructions.

CONSENT TO RECEIVE COMMUNICATIONS FROM LENDERS

By registering with the Website, your thereby consent to receive communications, including by mail, email, SMS and telephone, from Lenders.

THIRD-PARTY WEBSITES

The Website may be linked with the websites of third parties ("Third-Party Websites"). We do not have control over the content and performance of Third-Party Websites. WE HAVE NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, WE DO NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. WE DISCLAIM, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

PROHIBITED USES

We impose certain restrictions on your use of the Website and the Services. you represent and warrant that you will not, without limitation:

(a) violate or attempt to violate any security features of the Website or Services;

(b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, "Content");

(c) use any software that enables copying or duplication of Content for later off-line viewing;

(d) distribute, display, modify, transmit, resell, reuse, or repost Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without our prior written permission;

(e) provide false, misleading or inaccurate information to us or any Lender;

(f) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (g) harvest or otherwise collect information about our users, including email addresses and phone numbers;

(h) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;

(i) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (j) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;

(k) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

(l) use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services;

(m) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or

(n) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by this website in providing the Website or Services. Any violation of this section may subject you to civil and/or criminal liability.

DISCLAIMERS; LIMITATION OF LIABILITY

(a) NO WARRANTIES.

WE HEREBY DISCLAIM ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD US OR OUR LENDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

(c) LIMITATION OF LIABILITY

OUR LIABILITY IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(d) APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN YOU AND US. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, you agree to defend, indemnify us and hold us harmless (and our officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors and assigns [collectively, the "Indemnified Parties"]) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and attorneys' fees, arising out of or relating to: (i) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the Website or Services in breach of this Agreement; (iii) your provision to us or any of the Indemnified Parties of information or other data, except as contemplated hereby; or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

GOVERNING LAW; JURISDICTION AND VENUE

The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Las Vega, Nevada and shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You and we agree that any dispute, of any nature whatsoever, between you and us (including any claim against any of the Indemnified Parties) arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration in accordance with the Commercial Rules then obtaining of the American Arbitration Association (AAA) in Las Vegas, Nevada (unless you and we mutually agree to a different forum or arbitrator). A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator may award costs (including, without limitation, the AAA fee and reasonable attorneys' fees) to the prevailing party. All disputes, including any representative claims, against Us and/or our related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO: (a) CONDUCT ANY ARBITRATION WHICH IS PRECLUDED BY THE PRECEDING SENTENCE or (b) CONSOLIDATE THE CLAIMS OF MORE THAN ONE CLAIMANT WITHOUT THE CONSENT OF ALL PARTIES.

NOTICES

All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice to you by email sent to your most recent email address, if any, provided to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY US OF AN EMAIL TO THAT ADDRESS. You shall give any notice to us by means of email to: support@onlineloannetwork.com. Notice to us shall be effective upon receipt.

GENERAL

This Agreement constitutes the entire agreement between you and us concerning your use of the Website and Services. This Agreement may only be modified by a written amendment signed by our authorized executive or by the unilateral amendment of this Agreement by us and by the posting by us of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without our prior written consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except as and to the extent set forth herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.