TERMS OF SERVICE
PLEASE READ THESE WEBSITE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”) OR USING OUR SERVICES. THESE WEBSITE TERMS OF SERVICE (THE “TERMS OF SERVICE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND OUR SERVICES. THE WEBSITE AND OUR SERVICES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE OR USE OUR SERVICES. BY ACCESSING OR USING THE WEBSITE OR OUR SERVICES, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE.
1. User Eligibility
The Website and our services are provided by PersonalLoanGuarantee.com and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, you are not permitted to use the Website or our services.
These Terms of Service govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on and through the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services. When you submit an inquiry, it is possible that a lender may pull your credit but only if you first give them permission.
3. Use License
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of PersonalLoanGuarantee.com, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of PersonalLoanGuarantee.com, its affiliates or other entities that have granted PersonalLoanGuarantee.com the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of PersonalLoanGuarantee.com. Except as otherwise expressly authorized by these Terms of Service, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without PersonalLoanGuarantee.com’s or the appropriate third party’s prior written permission. Except as expressly provided herein, PersonalLoanGuarantee.com does not grant to you any express or implied rights to PersonalLoanGuarantee.com’s or any third party’s Intellectual Property.
PersonalLoanGuarantee.com grants you a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by PersonalLoanGuarantee.com, and (b) access and use the PersonalLoanGuarantee.com computer and network services offered within the Website only in the manner expressly permitted by PersonalLoanGuarantee.com. Except for this limited license, PersonalLoanGuarantee.com does not convey any interest in information or data available via the PersonalLoanGuarantee.com website, Content, Services, Website or any other PersonalLoanGuarantee.com property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of PersonalLoanGuarantee.com. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by PersonalLoanGuarantee.com.
4. Obtaining a Password; Use of Your Password
Certain areas of our Website may be accessible only to users that have a username and password. If you obtain a username and password, please keep in mind that we will treat anyone who uses your complete login credentials as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for user activities associated with your username and password. We therefore recommend that you maintain your username and login credentials in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to your use of our Website. We also require that you notify us immediately if you suspect that someone is using your username and password in this manner.
5. Code of Conduct
By using our Website, you agree to comply with these Terms of Service, and to follow our Code of Conduct, which is set out below. Under this Code, you shall not:
Use the Website in a manner that could disable, overburden or impair the Website or interfere with any other parties’ use and enjoyment of the Website.
Seek to obtain access to or acquire material or information that we have not intentionally made available to you on the Website through “hacking,” “scraping,” or other means.
Submit material that is intentionally false, defamatory, threatening or harassing, or otherwise unlawful.
Transmit material through the Website that you know or should know contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
By using our Website and our services, you represent that you have taken appropriate steps to secure your computing device, including, but not limited to, using an updated operating system, using anti-virus software, and conducting periodic scans for malware, viruses, or other harmful material.
6. Monitoring; Revocation or Suspension of Use Privileges
PersonalLoanGuarantee.com MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEBSITE, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. PersonalLoanGuarantee.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. PersonalLoanGuarantee.com AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY PersonalLoanGuarantee.com IN THESE TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.
8. Limitation of Liability
In no event shall PersonalLoanGuarantee.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PersonalLoanGuarantee.com’s Internet site, even if PersonalLoanGuarantee.com or a PersonalLoanGuarantee.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
10. Revisions and Errata
The materials appearing on PersonalLoanGuarantee.com’s web site could include technical, typographical, or photographic errors. PersonalLoanGuarantee.com does not warrant that any of the materials on its web site are accurate, complete, or current. PersonalLoanGuarantee.com may make changes to the materials contained on its web site at any time without notice. PersonalLoanGuarantee.com does not, however, make any commitment to update the materials.
12. Site Terms of Service Modifications
PersonalLoanGuarantee.com may revise and update these Terms of Service at any time. Your continued usage of the Website after any changes to these Terms of Service will constitute Your acceptance of those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of PersonalLoanGuarantee.com. PersonalLoanGuarantee.com may also change or impose fees for products and services provided through the Website at any time in its sole discretion. PersonalLoanGuarantee.com may establish or change, at any time, general practices and limits concerning other PersonalLoanGuarantee.com products and services in its sole discretion.
13. Governing Law and Jurisdiction
Any claim relating to PersonalLoanGuarantee.com’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF SUFFOLK, New York, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
15. Venue and Limitation of Liability Regarding Paid Loan or Credit Referral Services
Under no circumstances, including, but not limited to, negligence, shall PersonalLoanGuarantee.com (“Company”) be liable for any special or consequential damages that result from the use of, or the inability to use, the information furnished to you (“Client”). In no event shall Company be liable to the Client for any or all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence)) or otherwise exceed the amount paid by the Client to Company. Company is not a lender nor a loan broker but is a full service company that charges a fee for the information it provides to the Client to help Client obtain funding which includes the referral of lenders and lending partners. All sales are final and not refundable or cancellable, except as outlined in these terms of service. Any disputes shall be in a court of competent jurisdiction within Suffolk County in the State of New York and will be pursuant to the Laws of the State of New York. This contract does not become valid and binding until payment is received and accepted at Company’s office in New York.
16. Explanation and Terms of Paid Referral Services
Further Terms: Company’s intent is not to lend money directly to the Client, nor is it Company’s intent to give Client that impression. Company founders have in the business of directing clients to bonafide lenders and lending partners since 1998. The goal is to get clients approved for either loans or lines of credit of any amount and of any type. Almost without exception, every Client has been referred to a lender or lending partner that has approved or was willing to approve the Client for either a loan or a line of credit or both of varying amounts. Some Clients mistakenly think that the fee they are paying is a fee for a loan. This is not accurate. The fee is for the information we provide to the Client (referrals). We provide a limited/conditional money-back guarantee to the Client as detailed in these Terms of Service. The fee is charged because the lenders or lending partners we refer may not pay us commissions. Therefore, we have no choice but to charge the Client. Since Company will have absolutely no way of knowing what the Client has actually been approved for once the Company discloses the information to the Client, and will not know if the Client has actually followed instructions and applied to the referrals as we instructed, it is imperative that the full burden of proof of the results of all applications made to the lenders/partners rests solely with the Client. This is necessary because a Client may pay the referral fee, receive the information they paid for, but tell the Company that they did not get approved, thus requesting a refund even if the Client did not follow proper instructions or even if Client has benefited from the referral information. Therefore, the terms of service and guidelines for a Client requesting a refund are very strict and conditional. If Client does not wish to abide by these terms of service, then Client should not pay for Company’s services.
Client will be approved for the amount requested or Client will receive a prorated or full refund based on the actual approval amount subject to these terms of service.
Company will provide its top lending partners’ information (referrals) to the Client. Client needs to apply directly with the referrals. Upon proper and successful application to the referrals, Client will receive approval(s) from one or more referrals. The total approval amount to the Client as far as these terms of service is concerned is the total (collective) approval amount received by Client from each referral. Once the total approval amount has been determined through proper documentation, several results can occur. First and most ideal is that Client receives a total approval amount equal to or greater than Client has requested. In this case, services have been 100% successful and both Client and Company have fulfilled their obligations. Second is when the total approval amount is less than the full amount requested. In this case, Client shall be entitled to a partial refund of the referral fee paid provided that Client has fulfilled all obligations of these terms of service.
If a partial refund is in order, the chart below is a breakdown of total approval amounts received by Client and the referral fee amount that Company is entitled to keep for services rendered. This is assuming, of course, that the corresponding referral fee amount has been paid by the Client. If Client pays the corresponding referral fee of $350 for an approval amount of $90,000, then the amount of the referral fee that Company is entitled to keep is accurately reflected in the chart below. If the referral fee paid by Client is lower than $350, then all approval amounts listed above the corresponding referral fee amounts in the chart (below) do not apply. For example, if Client pays a referral fee of $300 for an approval amount of $50,000, then all amounts shown below or at the $300 referral fee level in the chart below apply, but approval amounts to the Client that are greater than $50,000 would not apply. In other words, Client is not going to be charged extra if the approval amounts are higher than what the Client has asked for and paid for. The most the Company is entitled to keep is 100% of the referral fee paid by the Client. There are no further fees due to Company other than the one-time referral fee.
If Client’s total approval amount is between $75,001 and $99,999, then Company is entitled to keep $350 of the referral fee (assuming, of course, that Client has paid $350 referral fee). Further total approval amounts and the referral fee amounts that Company would be entitled to keep are as follows:
Between $75,001 and $99,999 = $350
Between $50,001 and $75,000 = $325
Between $40,001 and $50,000 = $300
Between $30,001 and $40,000 = $275
Between $25,001 and $30,000 = $250
Between $20,001 and $25,000 = $225
Between $15,001 and $20,000 = $200
Between $10,001 and $15,000 = $175
Between $7,501 and $10,000 = $150
Between $5,001 and $7,500 = $125
Between $2,501 and $5,000 = $100
Between $1,001 and $2,500 = $75
Between $200 and $1,000 = $50
Below $200 = $0
a) Company will provide lender information to Client by email to the email address given by the Client. It is Client’s responsibility to check their spam or junk folders if they cannot find the email. It is Client’s responsibility to contact Company if the email cannot be found so that Company can send it again by email or send it by another means, even by the regular mail, if necessary. Once Client pays the referral fee, the contract is in force as per these terms and conditions and is not cancellable for any reason. Company will provide lender information as needed for client to receive the approval amount requested. Company will usually provide about 20 referrals, but may provide more if Client requests it or if Client is unable to apply to any of the lenders for whatever reason. Company is not obligated to provide any more referrals.
b) If Client has any trouble applying with a lender because Company did not provide accurate lender information, Company will provide Client with the correct information, whenever possible. If Client is unable to apply to a lender because of lender’s service area, then Client is no longer required to apply with that lender. If a lender changes their website address or website links or makes lending policy changes or changes their phone number or experiences website problems or outages, it is not the fault of Company. Company will make every effort to provide Client with the correct and up-to-date information, whenever possible.
c) Company may or may not be affiliated with a referred lender, so Client should apply to lenders directly as if there is no relationship between Company and the lenders.
d) Company guarantees the approval amount to the Client subject to these terms of service. The approval amount is the total amount approved for collectively from each lender referred. Approval amount includes approval amounts for any and all extensions of credit. Client is never obligated to accept a lender’s approval offer. However, if an approval offer is made, it is considered an approval as far as these terms of service are concerned, regardless if Client accepts it or not.
e) Lenders are free to make their own individual decisions regarding approvals and/or interest rates and are under no obligation whatsoever to the Client. Interest rates are at the discretion of each lender and cannot be guaranteed by Company. Referred Lenders that offer personal loans will not require any fees. A line of credit lender may require a small fee, although it is usually included in the line of credit, although every company is different.
f) Client is not obligated to apply to the lenders or to do anything unless Client applies for any type of refund. Then proper refund request procedures must be used and followed by Client.
g) If Client is not approved for the full amount that they requested after applying with each referred lender, Client may apply for a full or partial refund of referral fee paid to Company. In order to qualify for any type of refund, Client must follow proper instructions as outlined below.
h) Refund requests: Client must apply to each of the referred lenders, with some exceptions as outlined below. An application means that Client has completed an application for a credit extension by providing accurate information to the lender including their social security number. Lender must run either a “soft” or “hard” inquiry on Client’s credit profile in order to make a decision of approval or denial. A “soft” credit inquiry will not affect an applicant’s credit score. A “hard” inquiry may lower the applicant’s credit score by a few points. In either case, the lender is obligated to provide you with either an approval or an explanation of denial based on their review of your credit profile. They may send it by email or by regular mail. The explanation will include your name and the reason for denial being a review of your credit profile. If it does not mention the review of your credit profile, then they have not performed a soft or hard inquiry and it is not an actual application that was made as far as these terms of service are concerned. Whenever a company runs neither, they are attempting to filter applicants and avoid running an inquiry on the applicant which costs the lender a little bit of money. If Client runs into a company that does not wish to run a soft or hard inquiry, then the partner’s website may redirect the Client to one of their affiliates. If that happens, then the Client should take a screenshot of the page that shows that the referred partner has redirected the Client to one of their affiliates. This is acceptable documentation of a denial from that partner. Otherwise, Client should contact the referred partner by other means, such as phone or email or even in person, if reasonable, and complete a loan application with them. If Client is unable to submit a valid application to a lender, then Company will provide a substitute lender, if available. Otherwise, Client is exempt from applying with that lender. According to the Fair Credit Act, a lender CANNOT refuse to take an application REGARDLESS of past credit history or bankruptcy. Client must make sure that the lender takes his/her application regardless of the Client’s situation.
i) Documentation: Results of all applications must be properly kept by the Client. If a result is sent to the Client through email, then Client must copy or print the result, unless the lender also sends documentation through the regular mail, then Client can make a copy of that. All documentation must be authentic and must show that it pertains specifically to Client and must not simply be a generic email or letter or other document.
j) Clients must wait until they have all documentation from all referred partners. Client should provide all paperwork, including printouts of any screenshots. Documentation must then be sent by regular mail to the Company’s mailing address so that the refund department may examine it and make a refund determination. All documentation needs to be included in the one refund request. If documentation is not complete, refund request will be denied permanently. No other refund requests will be accepted. At that point, if a partial or full refund is to be issued, it will be solely at the discretion of the Company. Only copies should be sent, not originals. Documentation must be authentic. If documentation has been tampered with, refund will be denied permanently. All documentation must be in the Client’s name, not the Client’s spouse; however, documentation showing the Client applied with a spouse or with a co-signer is acceptable. No refund requests will be accepted after 90 days of referral fee payment to Company. All documentation must be sent by regular mail to the following address: Personal Loan Guarantee, 1069 Main St, Suite 108, Holbrook, NY 11741.
k) If Client already has an existing account with one of the lenders prior to paying the referral fee, then Company will provide a substitute lender’s information, if available. Client must first provide a copy of a statement from that particular lender with Client’s name on it to Company which proves that Client already has a loan or line of credit with them. Statement needs to be dated 1-2 months PRIOR to referral fee payment. Old credit accounts that are closed or settled are not acceptable. If Client is currently in bankruptcy negotiations which relate to that lender, Client should provide recent documentation to that effect.
l) If Client has already applied with a referred lender within 60 days prior to referral payment to Company, then Company will provide a substitute lender’s information, if available. Client must first provide the previous denial letter from that lender, or if Client does not have one, Client must send a copy of credit report inquiry page to Company showing that lender was applied to within 60 days PRIOR to referral fee payment. The inquiry page must be authentic and must show that it pertains specifically to Client and must not be a generic email, letter or other document.
m) Client and Company agree to be bound strictly by these terms of service. If Client has a dispute with Company, Client agrees to communicate directly with Company to resolve the dispute and agrees not to go elsewhere for a remedy, unless an amicable compromise cannot be reached. Company will do its best to work out an amicable agreement or compromise. If Client does not wish to follow proper procedures as outlined in these terms of service, then no refund will be granted.
n) We have drafted these terms of service for our protection, of course, but we also want the Client to be aware of everything involved.
17. Assignment and No Third Party Beneficiary
Your rights under these Terms of Service are yours alone and do not create any third-party beneficiary interest in another party. Furthermore, these Terms of Service shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms of Service for any reason and in our sole discretion.
18. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND PersonalLoanGuarantee.com, THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND PersonalLoanGuarantee.com WITH RESPECT TO THE USE OF THE WEBSITE, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
19. Customer Service
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of Personal Information is protected and maintained.
If you have any questions or concerns please contact us at info@PersonalLoanGuarantee.com.