EQL Finance INC.
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”). IF YOU DO NOT AGREE TO THE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SERVICES.
This Agreement covers the “Services” defined as any products or services offered on the EQL Finance website and its affiliated pages (the “Site”) and/or on the android and iOS mobile application (the “App”).
These Services are offered to you by EQL Finance Inc (“EQL Finance”) for the purpose of providing an installment based loan to you at an affordable interest rate.
1. Your Use as Assent
The Services are the property of EQL Finance.
As long as you comply with these Terms of Use, EQL Finance grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
2. Modification and Your Continued Use as Assent to Modified Terms
The Site or the App, as well as the products, services, information, materials, graphics, arrangement, design, text, sound, content, files, code, documents, text, photographs and other items contained on the Site and the App or made available for use or download through the Site or the App (collectively, the “Content”) and these Terms of Use are subject to change any time, without notice. Any dated information is published as of that date. EQL Finance has no obligation or responsibility to update or amend any such information. EQL Finance reserves the right to terminate any Content, the Site, or the App at any time, without prior notice. EQL Finance reserves the right to modify any of the Content at any time, without notice. You agree to review the Content on the Site periodically to ensure that you are aware of any modifications. If you continue to use the Site or the App after modifications are effective, you agree to the Content as modified.
3. Content of Site or App
EQL Finance does not promise that the Site, the App, or any Content, document, or feature of the Site or the App will be error-free or uninterrupted, that any defects will be corrected, or that your use of the Services will provide specific results. The material in the Site or the App could include technical inaccuracies or typographical errors. The Site, the App, and its content are delivered on an “as-is” and “as-available” basis.
The Site, the App, and all intellectual property pertaining to or contained in the Site or the App is protected by United States and international copyright and trademark laws and other applicable intellectual property laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by EQL Finance. You are authorized solely to view and retain a copy of the pages of the Site or the App for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site or the App, or any portion of the Site or the App for any public or commercial use without the express written consent of EQL Finance.
4. Use of the Services
The Services are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not use the Site or the App. You may view the Content contained on the Site or the App and print pages from the Site or the App only for informational, non-commercial purposes. Any unauthorized or illegal use of the Services or the Content is strictly prohibited. EQL Finance does not knowingly collect personal information from any child under the age of eighteen (18).
You agree not to attempt to log onto the Site or the App from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Countries under sanctions may be found on the United States Department of the Treasury website. Any attempt to log onto the Site or the App from such a country may result in your access being restricted or terminated. Your use of the Services may be monitored, tracked and recorded. By using the Services, you expressly consent to such monitoring, tracking and recording. Your use of the Services is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use or exploit the Content, the Site, or the App for any commercial purpose.
You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Site, the App, or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Site or the App. You agree that when using the Services you will not misrepresent your identity or impersonate any other person. By using the Site or the App you certify that any information you input is accurate.
You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Services in accordance with these Terms of Use. You understand and agree that your use of the Services are at your own discretion and at your own risk. By using the Services, you understand and agree that EQL Finance disclaims any liability for any direct, indirect, incidental, consequential, compensatory, punitive or legal (whether under statute, regulation or at common law) damages that may arise out of your access or use of the Site or the App, or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment.
If EQL Finance provides you with a secure means of accessing a portion of the Site or the App (such as a User ID and Password) you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials and you may be refused future access to the Site or the App. You agree that you will immediately notify EQL Finance of any unauthorized use of your log-in credentials or other breach of security known to you.
5. ACH Payments
By linking your bank account in the App, you will be able to receive loan transfers and pay the fees due for your use of our Services by using Automated Clearing House (“ACH”). Whenever you choose to pay by ACH, you are authorizing EQL Finance (or its agent) to transfer funds into your bank or debit your bank account for the total amount of the fees due. If you chose ACH, when your loan payments become due EQL Finance will use ACH to automatically debit your linked bank account by the amount agreed in your loan agreement.You have the right to refuse bank transfers and debit via ACH.
You may contact support@geteql.com for alternative transfer options. All questions relating to any transactions made using your bank account by us should be initially directed to us, but may also require involvement of your bank.If you believe that any payment transaction initiated by EQL Finance (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as EQLas at support@geteql.com. We reserve the right to cancel the ability to pay by bank account for any reason at any time.
6. Digital Millennium Copyright Act
EQL Finance respects the intellectual property rights of others. All claims of copyright infringement should be brought to our attention by providing us the following information:
- A physical for electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site or mobile application are covered by a single notification, a representative list of such works;
-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
-Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
-A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of the foregoing copyright issues should be sent as follows:
By Mail: EQL Finance Inc., 1501 St. Paul St., Suite 130 Baltimore, MD 21202.
By E-Mail: support@eqlfinance.com EQL Finance will take appropriate action following receipt of the above information including removal of any infringing material if necessary.
7. Security
You acknowledge and agree that Internet or mobile transmissions are never completely private or secure and that any message or information you send to the Site or the App may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of the Services, you agree that you will not take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise interfering with the Site or Services) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators of other sites or mobile applications in order to assist them in resolving security incidents.
8. Links to Other Sites or Applications
EQL Finance may establish on the Site or the App links and pointers to other websites or mobile applications that are operated and maintained by third parties (“Third Party Sites or Apps”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to Third-Party Sites or Apps is not a recommendation or endorsement by EQL Finance of any products, services, information, goods, ideas or opinions that may be found on any Third-Party Sites or Apps.
EQL Finance makes no warranties, either express or implied, concerning the content of any Third-Party Sites or Apps, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. EQL Finance does not warrant that any Third-Party Site or App is free from any claims of copyright, trademark or other infringement. EQL Finance does not warrant that any Third-Party Site or App is free from any viruses or other contamination.
You understand that Third Party Sites and Apps may have a privacy policy that is different from that of EQL Finance and that Third-Party Sites and Apps may provide less security than this Site or this App. The choice to access a Third-Party Site or App, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site or App is yours, in your sole discretion.
9. Consent to Receive Direct Marketing Communications
By using the Services, you agree to receive direct marketing communications from EQL Finance. If you do not wish to receive marketing communications from us, you may express your choice where indicated on the applicable communication.
10. Third Party Partners
EQL uses Plaid Technologies, Inc. (“Plaid”) and to gather End User data from financial institutions. By using our service, you grant EQL Finance, Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid or 3rd party partners in accordance with the Plaid and/or 3rd party partners privacy policy.
If you discontinue use of Plaid, EQL has the right to immediately deny you Services provided by EQLor deny you future access to the Site or the App.
13. Potential for Disruptions in Service
You understand and agree that from time to time the Site or the App may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of EQL Finance and despite of commercially reasonable processes and procedures implemented by EQL Finance to maintain the Site or the App.
14. Ownership of Data
You understand that all personal information provided by you through the Application, website or all reports, results, and/or information created, compiled, analyzed and/or derived by EQL Finance from such data is the sole and exclusive property of EQL Finance and is considered EQL Finance’s Confidential Information pursuant to this Agreement. EQL Finance shall have the right to use, market and re-market any data without further obligation to you.
15. Limitation of Liability
Except where prohibited by law, neither EQL Finance, nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if EQL Finance has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, EQL Finance’s maximum liability for all claims arising out of or relating to this site, or its content, whether in contract, tort or otherwise shall be limited to the amount you paid to access the Site or the App. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
16. Indemnification
By using the Services, you agree to defend, indemnify, and hold harmless EQL Finance from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that EQL Finance may become obligated to pay arising or resulting from your use of the Services, the Content, or your breach of these Terms of Use. EQL Finance reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.
17. Severability and Waiver
In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.
EQL Finance does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of EQL Finance. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.
18. Law, Jurisdiction, Venue, One Year to File a Claim
The Site and the App is located in the State of Washington. These Terms of Use and the relationship between you and EQL Finance shall be governed by the laws of the State of Washington without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in King County, Washington, and you agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of the Site, the App, or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Site, the App, or the Content must be filed within one year after such claim or cause of action arose or be forever barred.
19. Termination
EQL Finance may terminate this Terms of Use or suspend or terminate your use of the Services without notice, at any time. In the event we do so – we may notify you by email. All provisions of the Terms of Use which by their nature should survive termination shall service termination, including, without limitation, all warranty disclaimers, limitations of liability and dispute resolutions provisions.
20. Entire Agreement with Regard to Your Use of the Services; No Third Party Beneficiaries
These Terms of Use constitute the entire agreement between you and EQL Finance with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and EQL Finance with respect to such use are hereby superseded and cancelled. This Agreement is between you and EQL Finance.
21. Consent for Electronic Communication
We process and communicate information electronically. In order to use our service, you consent to receiving all communications electronically as described below. By selecting “I Agree” or a similar link or button below, you are agreeing to receive all documents, disclosures and notices electronically from us and our affiliates or lending partners related to your loan application and any resulting loan, including without limitation any loan agreement, this consent to electronic communications, the Truth in Lending disclosures set forth in the loan agreement, change in terms notices, fee and transaction information, statements, delayed disbursement letters, consumer disclosures, state-mandated brochures and disclosures, adverse action notices, and any other information related to your loan (collectively, “Electronic Communications”). We may contact you by telephone, electronic message/SMS or email to process your application, for account servicing or collections, to tell you about financial products and services and for other business purposes.
The Electronic Communications will be made available to you through our mobile app (“App”). All Electronic Communications to you from us or our lending partners will be considered to have been made “in writing.” You should print or download a copy of this consent, the Terms of Use, and any other Electronic Communication that is important to you for your records.
This consent applies to all interactions online concerning you and the App and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By agreeing to this consent to electronic communications, you agree that we will interact with you and process your information electronically. We will also send you notices electronically related to our interactions and transactions. Electronic Communications may be provided online or through your designated e-mail address. Notwithstanding your consent to Electronic Communications, we may send you paper copies of documents, disclosures and notices.
Access to Electronic Communications. In order to access certain personalized Electronic Communications, you will be required to log in to the App. Other Electronic Communications may be accessible on the public portion of our App. To access and retain Electronic Communications, at a minimum you will need to use the following computer software and hardware: A mobile phone capable of accessing the Internet, access to an e-mail account and an SSL-enabled modern web browser that supports HTML 5, JavaScript and CSS3. You will also need software capable of reading PDF files and have sufficient electronic storage capacity on your hard drive or other data storage facility, or a means to print or store notices and information through your browser software. By selecting “I Agree” or a similar link or button below, you are agreeing and confirming that each device you use to access the App satisfies each of these requirements. If these requirements change while you are maintaining an active relationship with us and the change creates a material risk that you may not be able to receive Electronic Communications, we will notify you of these changes.
No Right to Paper or Non-Electronic Records. Electronic Communications are generally not available on paper or in a non-electronic form from us. If you do not consent to the use of Electronic Communications, this service will not available to you. However, we may at our option provide a copy of an Electronic Communication in paper-based media as requested by you. You may request a paper copy of any Electronic Communication by e-mailing your request to us. If we agree to provide the requested paper copy of an Electronic Communication, we may charge you our fees and charges then in effect for providing the paper copy.
Withdrawing Your Consent. You may withdraw your consent to receive Electronic Communications or to the use of electronic signatures in connection with any future transactions with us at any time. We will not charge you any fees for withdrawing your consent. If you decide you do not want to receive Electronic Communications, or do not want to use electronic signatures in connection with any future transactions with us, you may withdraw your consent by contacting us via email. The legal effectiveness, validity, and enforceability of prior electronic disclosures will not be affected if you withdraw your consent. Regardless the status of your consent, you agree that we may continue to communicate with you electronically with respect to any document, disclosure or notice that is not required by law to be in writing.
Updating Your Contact Information. You should keep us informed of any change in your electronic address or mailing address. You may update such information by logging into the App and providing the updated information.
22. Consent to Text Messages
By electronically checking “I have read and accept the terms of this Consent to Text Messages,” I authorize EQL Finance Inc. (“EQL Finance”) to send text messages to the cell phone number I have provided to EQL Finance using an automated telephone dialing system for advertisements or telemarketing messages. I understand my authorization to receive marketing text messages is not a requirement to receive services from Lender. By voluntarily opting-in, I consent to EQL Finance’s use of my personal information to provide services I have requested, including services that display customized content and advertising. I understand that my cell phone service provider’s standard messaging rates may apply to text messages received from EQL Finance and I will be responsible for any such charges. To opt out of receiving text messages, please select the “opt-out” button on any text message received or by sending “STOP,” “END” or “QUIT” in reply to any text message I have received. I have read and accept the terms of this Consent to Text Messages
23. Error Resolution NoticeIn Case of Errors or Questions About Your Electronic Transfers Telephone us at 202-926-5884 or Write us at support@geteql.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.
