Terms and Conditions

Last Updated: July 4, 2020

YOU ARE VISITING A WEBSITE Speedy5k.com (“WEBSITE”) OWNED AND OPERATED BY SPEEDY SERVICING, INC. (“SPEEDY” OR “US” OR “WE”). IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU HAVE RIGHT TO ACCESS, BROWSE OR USE THE WEBSITE OR ANY OF THE SERVICE(S) AVAILABLE ON THE WEBSITE.

Introduction.

1. Certain areas of the Website, including, but not limited to, the areas of the Service through which you may choose to submit personally identifiable information, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Application Terms”). If there is a conflict between these Terms & Conditions, and the Application Terms posted for a specific area of the Service, the Application Terms will take precedence with respect to your use of or access to that area of the Service.

2. The Website may contain links to other websites or online destinations that Website does not own, control, authorize, endorse or sponsor and you understand that by using the Service and accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate or that may otherwise violate applicable law. You understand and agree that the Website is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, ownership, control, authorization or sponsorship by Website of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using the Website, you expressly release Website from any and all liability arising from your use of any third party website or on-line resource. Accordingly, the Website encourages you to be aware when you leave Speedy5k.com and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.

Definitions

1. “Agreement” means these Terms & Conditions, including any and all subsequent amendments

2. “Days” means calendar days.

3. “Information” means any confidential and/or personally identifiable information or other information related to you, including but not limited to the following: name, email address, post/shipping address, phone number and financial information

4. “Network Partner” means any third-party entity currently in a business relationship with Speedy. Some Network Partners may be in the business of providing loans (“Lenders”), while others may be in the business of providing other related products and/or services

5. “Services” means the products, services, portals and websites offered or available to you by Website.

6. “Us” or “We” or “Speedy” refers to Speedy Servicing. P.O. Box. 1329 Kahnawake, Quebec JOL 1B0.

7. “Website” means any URL through which we provide the Services to you.

8. “User,” “You” or “Your” means you and any other person or entity entering into these Terms & Conditions with us or using the Service.

Registration.

1. In order to access or use certain features of the Website you may be required to submit certain information, such as an email address. You agree to provide accurate, current and complete information during the registration process. We reserve the right in its sole discretion to refuse to provide services to any individual.

2. You will immediately notify us of any unauthorized use of your registration information.

Privacy.

1. By accessing, browsing, or using the Website, you acknowledge that you understand, accept, and agree to be bound by this Agreement, as well as our Privacy Policy

Modification.

1. We reserve the right, in our sole discretion, to change these Terms at any time and for any reason, by posting revised terms on this Website. The date on which these Terms have been last updated will be noted immediately above this page and the revised Terms will take effect seven (7) days after their publication on this Website. Therefore, you should visit this page periodically to review any changes. Your continued use of this Website after any such changes have been made constitutes acceptance of those changes.

Eligibility.

1. The Services offered on this Website are not available to persons under the age of eighteen (18) or to persons who are not legal residents of the United States. By accessing, browsing and/or using this Website, including applying for or using any of its Services, you represent and warrant that you are at least 18 years of age and are a legal resident of the United States.

2. You further represent and warrant to us that when you provide personal information to us you are providing your own personal information so that we may share it with participating lenders and you are not acting on behalf of, or for the benefit of, anyone else.

3. Not all Services will be available in all geographic areas. Your eligibility for particular Services is subject to final determination by Website, its affiliates, and or its network partners.

Authorization to Obtain a Credit Report and Credit Score.

1. You understand and agree that by submitting a loan request, you are providing written instruction under the Fair Credit Reporting Act authorizing our Network Partner with whom your request is shared to obtain your consumer credit report, credit score, and/or other information from a consumer reporting agency in order to: (i) verify your identity, (ii) review your creditworthiness, and/or (iii) provide you with the opportunity to work with our Network Partners who may offer consumer finance products and other related services. These Network Partners may obtain your credit report, credit score, and other information before determining your eligibility for a loan product or service. Additionally, you understand and agree that Network Partners may use third party services to obtain information relating to you and to verify any information that you provide including, without limitation your social security number, address, phone number, bank account information and employment history.

Online Marketplace for Lenders and Other Providers.

1. This Website functions as an online marketplace for you to connect with Network Partners (both Lenders and Non Lenders) that may be of interest to you.

2. By clicking “Submit” on the Loan Request Page, or any button indicating acceptance of the terms provided, you are acknowledging that all of the information you have provided in your loan request form is current, true, accurate, and complete.

3. Network Partners that participate in our online marketplace may use specific criteria, or filters, to identity the consumers with whom they would like to connect with. We do not use the information submitted in the Loan Request Form to provide any specific endorsement, approval, or matching of any particular consumer to any particular offer

4. After submitting your Loan Request Form, you may be presented with an offer from one of our Network Partners. You are under no obligation to accept any offer presented.

5. We also may share your contact information with third-party marketers and service providers. See our Consent to Electronic Disclosures and SMS Marketing Policy for additional information

Relationships with Tribal Based Lenders and Network Partners.

1. If you submit a loan request on this Website, you may be connected to a tribal-based Lender or tribal-based Network Partner. Please note that the rates and fees offered by these lenders may be higher than those offered by state-licensed lenders. In addition, with tribal lenders, you may be required to submit to, and agree to resolve any disputes, under tribal jurisdiction. You are urged to read and understand the terms of any loan offered by any lender, regardless of its lending model, and to reject any particular loan offer that you cannot afford to repay or that include terms that are not acceptable to you. By submitting your loan request, you agree that you have read and understood this statement.

NOT A LENDER.

1. WE ARE NOT A LENDER, FINANCIAL INSTITUTION, LOAN BROKER, OR AGENT OF A LENDER, FINANCIAL INSTITUTION, OR LOAN BROKER. THIS WEBSITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO LEND.

2. This Website allows You to submit your personal information via the Loan Request Page and uses that information to connect you to Network Partners.

3. Providing your information on this Website does not guarantee that: (i) you will receive an offer of a loan from a participating Lender, (ii) you will be approved for a loan with any specific terms, or (iii) you will be connected with a direct Lender.

4. Not all Lenders can provide loans in the amounts advertised on the Websites, and may not operate in all states. The amount of time required to transfer funds may vary between lenders and may also depend on your individual financial institution. Lenders that participate in the services provided by this website do not offer loans in every state. For details, questions, or concerns regarding your loan, please contact the lender directly.

Advertiser Disclosure.

1. This Website provides its services to you free of charge but may receive payment from Network Partners for connecting them with consumers. Your use of this Website’s services constitutes your agreement with this compensation arrangement

2. This Website does not endorse, approve, or recommend the services or products of any particular Network Partner. You should rely on your own judgment in deciding which available loan product, terms, Lender and/or Network Partner most closely fits your needs and financial situation.

We make no guarantees that the loan terms or rates offered and made available by Lenders within the network are the best terms, lowest rates, or in any way personalized for You in any way, shape or form.

Other Products and Services. We may display offers for products or services in addition to the loans that are currently advertised on the Website. These non-loan products or services may include debt consolidation or settlement, auto title loans, health insurance products, credit card products and/or any products or services that may be of interest to you.

Not Professional Advice.

We, our Website, and the products and services we promote are not a substitute for professional and/or legal and/or financial advice. We provide our Services solely for your convenience, and such Services (i) are not intended as a substitute for professional, legal or financial advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Services available through this Website. The relationship between you and us is not a professional or similar relationship. We always recommend you seek the advice of a qualified professional with respect to any questions you may have, and to never disregard professional advice or delay in seeking it because of something you have read on this Website

Data Sharing with Lenders, Providers, Non-Lending Financial Institutions, and Third Parties.

When you voluntarily submit your loan request, you understand and agree that we will share the information provided in the loan request form with Network Partners, including lenders, providers, non-lending financial institutions, and third parties. Network Partners may keep the information provided in your loan request form, and other information provided to us or received by them in the processing of your loan request, or other products or services that may be of interest to you. Network Partners may retain this information, whether or not you qualify for or take a loan with them, and whether or not you are qualified for the goods or services offered. You agree to notify any particular Network Partner directly if you no longer want to receive communications from them. In addition, Speedy and its Network Partners may share the information you provide to them with state licensing authorities and government regulators. Pursuant to contractual relationships between Network Partners and Speedy, Speedy may receive information from the Network Partner regarding the status of your loan request, but not limited to, the amount or disposition of your loan. Information specific to the Network Partner you may be connected with will be found in the Network Partner’s specific Privacy Policy. Please note that you are providing your express written consent for Speedy and the selected Network Partners to share this personally identifiable information for the following purposes: to provide the services and products that you seek, litigation, regulatory request(s), law enforcement requests, internal analytics, and/or for marketing purposes

Intellectual Property.

All content within this Website, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, design, structure, arrangement, products and information (collectively, “Content”) of this Website are owned, controlled, and licensed by Speedy and/or its licensors. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication

Privacy.

We respect your privacy and use generally accepted industry standards to safeguard your personally identifiable information. For additional information regarding this Website’s collection and use of your personally identifiable information in connection with your use of this Website, please see our Privacy Policy. Speedy and/or its Network Partners may obtain, verify, and record information including, but not limited to, your name, social security number, address, telephone number and date of birth, that will allow them to properly identify you. During the Network Partner’s formal application process, they also may ask to your driver’s license or other identifying documentation to further assist in certifying your identity.

Representations and Warranties.

You represent and warrant to Speedy that (i) you are at least 18 years of age; (ii) you are authorized to enter into this agreement; (iii) you will not use this Website or the Contents herein for any purpose or manner that violates any laws, regulation or that infringes the rights of us or any third party; (iv) any information or data you provide to us will not violate any law, regulation or infringe the rights of any third party; (v) all information that you provide to us in connection with this Website (e.g. name, e-mail address, phone number and/or other information) is true, correct and accurate; and (vi) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

Disclaimers and Liability.

THIS WEBSITE DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE. SINCERELY IS NOT RESPONSIBLE OR LIABLE FOR ANY NETWORK PARTNER’S ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH NETWORK PARTNER MAY PROVIDE, FOR ANY NETWORK PARTNER’S CONTACTING OR FAILURE THEREOF TO CONTACT YOU, FOR ANY NETWORK PARTNER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY NETWORK PARTNER

YOU AGREE THAT WE, OUR MARKETING SERVICE PROVIDERS, AND NETWORK PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SINCERELY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR AND WITHOUT LIMITATION, OUR TOTAL LIABILITY FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity. As a condition of use of this Website and/or services, you agree to indemnify Us, Our Marketing Service Providers, and Network Partners from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms. You must not settle any such claim or matter without Our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claim.

Errors and Delays

You agree that Speedy 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 or other information provided by you or other technical problems beyond our reasonable control

Notice.

For any disputes you may have, whether pursued in court or arbitration, you must first give Us an opportunity to resolve the dispute by providing written notification to Speedy Servicing.

P.O. Box. 1329

Kahnawake, Quebec JOL 1B0

The Notice must state (i) your name, (ii) your address, (iii) a written description of your claim, and (iv) a description of the specific relief you seek. You agree that We shall have a period of thirty (30) days from receipt of such Notice to Cure/Mitigate Your stated dispute or claim.

Release and Discharge. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE US, OUR MARKETING SERVICE PROVIDERS AND OUR NETWORK PARTNERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENT OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS WEBSITE.

Dispute Resolution and Binding Arbitration.

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THIS WEBSITE, CONTENT OR SERVICE (“DISPUTE”), SHALL BE FINAL AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN BROWARD COUNTY, FLORIDA. THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.

You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a privacy attorney general capacity. You also agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

You also agree that any dispute or cause of action arising out of or related to this Website, Services or Content must be commenced within one year from the later of (i) when the dispute or cause of action accrues, or (ii) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.

This Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and Speedy and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter thereof. If a conflict between the language of these Terms and the language of any terms incorporated by reference, the latter incorporated terms shall control.

You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or enforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.

No Class Actions.

To the extent allowed by law, you and Speedy each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. You hereby understand that by agreeing to this class action waiver, you may only bring claims against Speedy in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

DMCA Notice.

Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if you believe that anything on this Website or service offered herein infringes any copyright that you own or control, you may file notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at info@Speedy5k.com. You may also send your request by sending physical mail to Speedy Servicing. P.O. Box. 1329 Kahnawake, Quebec JOL 1B0. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter, with your personal information redacted, may be forwarded to the Chilling Effects Clearinghouse for publication.

California Consumer Notice.

Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, by telephone at (916) 445-1254 or (800) 952-5210, or by e-mail at dca@dca.ca.gov.

Entire Agreement.

These Terms and Speedy’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Speedy with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Speedy with respect to the Website.

Miscellaneous.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at info@Speedy5k.com