Terms of Use

Lendmark Terms of Use and Online Privacy Policy

I. INTRODUCTION

  1. General

    These Website Terms of Use and Online Privacy Policy govern each website, customer account portal, mobile site, application, and/or other service, to the extent applicable, regardless of how distributed, transmitted, published, or broadcast (collectively, the "Service") provided by Lendmark Financial Services, LLC, its subsidiaries and/or affiliates ("we," "us," or "our") that links to these Terms of Use and Online Privacy Policy, which is binding on all those who access, visit and/or use the Service (collectively, "you" or "your"). Any financial product or service that you may obtain from us through the Service is also subject to our Financial Privacy Policy.

    Please read these Terms of Use and Online Privacy Policy carefully. You can access these Terms of Use and Online Privacy Policy any time in the footer of this website's home page or subsequent screens. You can also access these Terms of Use and Online Privacy on the Online Registration Form that provides access to our Online Customer Portal and Mobile Application. Your access, visitation and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to these Terms of Use and Online Privacy Policy. Certain sections of this website, the Online Customer Portal and the Mobile Application may contain separate terms and conditions in addition to these Terms of Use. If there is a conflict between any of their provisions, the additional terms and conditions shall govern. If you do not agree with these Terms of Use and the terms and conditions of and the Online Privacy Policy, you may not access, visit and/or use the Service and you should immediately exit this site.

    These Terms of Use and Online Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Terms of Use and Online Privacy Policy. In the event of any conflict or inconsistency between the terms and conditions of these Terms of Use and the Online Privacy Policy and the terms of the Financial Privacy Policy, the terms of the Financial Privacy Policy shall control.

  2. Definitions

    "Access Information" means any or all of the following information: your Account number, user name, password and any other security or access information to your Account.

    "Account" means an active or inactive Lendmark Loan Agreement and its payment history, outstanding balance and other information, whether the Loan Agreement is solely in your name or if there are other persons or entities on the same loan with you.

    "Account Holder" means any person(s) or entity who is singularly or jointly responsible for the obligations on the Account.

    “Content” means any text, image or other material that appears on this website as part of the Service.

    “Loan Agreement” means the promissory note or retail installment sales contract and security agreement and other documentation related to a loan that we have made to you.

    "Online Services" means services offered by us through this website or any future digital distribution platforms (such as a website, software program or mobile application) or other forms of media not yet developed that are available to Account Holders.

II. ONLINE SERVICES

  1. Services That We Provide. You may use the Service to learn about product and service offers that we may make available on the website and to link to our Online Customer Portal or Mobile Application where you can create online access to your Account. You can also use the Service to obtain information about your Account or to make payments on your Account. By offering information, products or services through the Service, no solicitation is made by us to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by applicable law.
  2. Links to Third-Party Websites. This website links to a third-party Internet Website that is integrated with or presented on this website in order to support online payments to your Account. Please be advised that the third-party site is independent of this website, and that we exercise no control over the content or services of that site. This website does not link to any other third-party website.
  3. Marketing Preferences. We may ask you to indicate your preferences for how we can market to you. Once you have indicated your preferences, we will endeavor to honor your request. All marketing will be done in accordance with applicable state and federal laws and our Financial Privacy Policy.
  4. Online Payments
    1. General Description of Online Payment Features. Online bill payment ("Online Payment") is a service we make available to our Account Holders through a third-party payment processor that we have selected to support this feature. You may use Online Payment to authorize a one-time payment on your Account(s). You acknowledge that the origination of electronic debit transactions from your bank account must comply with the current laws of the United States and the rules, as they may be changed from time to time, of the National Automated Clearinghouse. You also acknowledge and agree that the Online Payment feature is subject to the terms and conditions that govern the third-party payment processor’s website as well as by these Terms of Use.
    2. Regardless of the payment amount or payment effective date you schedule using Online Payment, you are responsible for complying with all of the terms and conditions of your Account, including, without limitation, your agreement to make all payments when due and in the amount required by your Loan Agreement. When using Online Payment, you should schedule your payment in amounts and with an effective date that will satisfy your payment obligations. If you do not make a payment when due and in the amount required, we will have the rights and remedies available under your Loan Agreement or as otherwise available to us at law or in equity.
    3. Payment Funds. Adequate funds must be available in the bank account where your payments are coming from when an Online Payment is processed. If a scheduled Online Payment fails due to insufficient funds for the full payment amount initiated, the Account will not receive credit for the payment. You are responsible to make timely payments for the amount owed in accordance with the Loan Agreement and these Terms of Use.
    4. Online Payment Fees. While we do not currently charge any payment transaction fee to use Online Payment, our third-party payment processor may charge you a fee to accept your payment. We do not receive any portion of the fee that the third-party payment processor may charge you. More information about the applicable fee can be found when you click on the link to the Online Payment processor’s website. In addition, you will be responsible for paying any amount you may owe other persons or companies related to the use of Online Payment or any bank account linked to Online Payment. For example, your bank may charge a fee in connection with electronic payments taken from your account with them for your Account with us.
      Nothing herein relieves you of your responsibility to pay any amount, fee or charge you may owe us under your Account.
  5. Failure to Effect Payment and Liability for Such Payments. If you attempt to make payments on your Account through this website, or through an authorized third party acting on our behalf we will use reasonable efforts to complete bill payments according to your instructions. However, neither we nor any third-party service provider acting on our behalf will be liable in any way (including, but not limited to, payment processing errors or fees) if:
    • Through no fault of ours or our authorized third party, you have insufficient funds or credit in your bank account to complete a payment transaction, or if your bank account has been closed;
    • The Online Payment feature is not working properly and you knew or were told about the malfunction before you started the transaction, or should have reasonably been able to tell that something was wrong;
    • You do not provide us with complete, accurate, and current payment and contact information, or if you otherwise do not give complete, correct, and current information to properly complete the requested transaction;
    • You do not authorize a bill payment in time for your payment to be made and credited to the Account by the due date;
    • Withdrawals from your bank account have been prohibited by an order from a court of proper jurisdiction for such things as a garnishment or other legal process;
    • We or our authorized agent reasonably believe that a transaction may be unauthorized or fraudulent;
    • Your computer, mobile phone, wireless service or any related equipment or software is, or was, not working properly;
    • Circumstances beyond our, or our authorized third party's control prevent completing an online bill payment including, but not limited to, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters, terrorist acts or war.

III. REGISTRATION AND ACCOUNT/PROFILE CREATION

  1. We may at times require that you use the Online Customer Portal to register and/or set up an account/profile to access, visit and/or use certain portions of the Service, such as the Mobile Application feature, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a debit or charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, and other personally identifiable information (“Registration Information”). Other information such as your age, gender, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). We may use and share your Registration Information as described in our Online Privacy Policy.
  2. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify us as described in our Online Privacy Policy.
    WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
  3. We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for the Service.
  4. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
  5. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions that are initiated by use of your Registration Information.
  6. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us as described in our Privacy Policy.

IV. MOBILE PARTICIPANTS

You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use the Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. Standard data rates may apply.

We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Terms of Use are between us and you, and the Mobile Participants are not parties to them; (ii) the Mobile Participants and their parents, subsidiaries and affiliates are third party beneficiaries of the Terms of Use and upon your acceptance of the terms and conditions of them, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third-party claim that the Service or your possession, access, visitation and/or use of the Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.

V. COMMUNICATIONS TO YOU

  1. The communications between you and us usually use electronic means, whether you access, visit or use the Service, send us messages, or whether we post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
  2. You understand and agree that joining the Service may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.

VI. MONITORING AND COMPLAINTS ABOUT THE SERVICE AND THE CONTENT

  1. Monitoring
    We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service to foster compliance with these Terms of Use. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use.
  2. What to Do if You Have a Complaint About the Service and the Content
    1. If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
      3. Identification of the copyrighted work 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 us to locate such copyrighted work;
      4. Information reasonably sufficient to enable us 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;
      5. A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. 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.
      By Email: domainnameadmin@lendmarkfinancial.com (Please include “Notice of Infringement” in the subject line.)
      By Mail: Copyright Manager, Lendmark Financial Services, LLC, 2118 Usher Street, Covington, GA 30014.
      Note: The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as privacy or product-related questions and requests will not receive a response through this process.

    2. CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).

      IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).

VII. RULES OF USAGE:

  1. Use of the Service by You:
    1. The Service is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Service for which registration is required.
    2. You shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Service or any Content.
    3. If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s).
    4. Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service resides or is accessible.
  2. Prohibitions on Use of the Service:
    1. Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
      • use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Service, including without limitation to post, upload, transmit, send, or make available other Content on or through the Service;
      • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
      • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by us;
      • copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;
      • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
      • access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, alter, monitor, tamper or interfere with, the Service including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise; or
      • post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.
    2. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
    3. If you breach, violate, fail to follow, or act inconsistently with these Terms of Use, we may terminate, discontinue, suspend or restrict your Account Information, your Account access or any other use of the Service.
  3. Indemnification:

    You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized use of Content obtained on or through the Service, breach or alleged breach of these Terms of Use, or from any of your acts or omissions in connection with the Service.

  4. Disclaimer of Warranty and Limitation of Liability:
    1. CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THIS AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
    2. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
    3. WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
    4. WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THESE TERMS OF USE, THE SERVICE, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED $10,000. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THIS LIMITATION WILL NOT APPLY IN SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
  5. Termination or Suspension of the Service:

    We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Service, your account/profile, your ability to access, visit and/or use the Service or any portion thereof, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your Account, your ability to access, visit and/or use the Service or any portion thereof, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.

  6. Disputes and Jurisdiction:
    1. The Service is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that the Service is appropriate, available, or legal in any particular geographic location.
    2. In any dispute between us, your sole remedy is to stop using your Account and/or the Service. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in these Terms of Use and Online Privacy Policy or (ii) your ability or inability to access, visit and/or use portions of the Service, or the Service as a whole.
    3. Your use of this website and the Terms of Use shall be governed by the substantive laws of the State of Georgia, without regard to its conflict of laws provisions. You and we agree to submit to the sole and exclusive jurisdiction and venue of the state or federal courts located in Atlanta, Georgia. If any portion of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired. Any cause of action arising out of or related to the Terms of Use shall be filed no later than one (1) year after the alleged cause of action accrues or shall be time-barred.

VII. PRIVACY POLICY

  1. Collection and Use of Information

    1. Personal Information

      We collect personal information that you provide to us directly through electronic mail, electronic website forms, and other electronic means. "Personal Information" means information that can specifically identify you, such as your name, phone number, address, email address, date of birth, account number, employment history, income information and other financial information about you, Social Security number, driver's license number, or other identification document.

      In addition to the information you provide to us directly, we may automatically collect information about you when you use this website:

      • Log file information. Log file information is automatically reported by your browser each time you access this website. When you access this website, our servers may automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, operating system, platform type, the state or country from which you accessed the website, software and hardware attributes (including Device ID), referring / exit pages and URLs, number of clicks and how you interact with links on the website, domain names, landing pages, pages viewed and the order of those pages, the data and time you visited the website and uploaded or posted content, error logs, files you download, and other such information.
      • Location information. When you visit the website, we may automatically collect general location information (e.g., IP address, city/state and or zip code associated with an IP address) from your computer or mobile device. Please note that if you disable such features, you may not be able to access or receive some or all of the services, content, features and/or products made available via the website.

      We may collect information about you from third parties. This information may include credit reports from national consumer reporting agencies.

      We may use the Personal Information that we collect to:

      • Register you with this website and to create an Account;
      • Provide you with products or services;
      • Administer loan accounts;
      • Provide you with customer service, dispute resolution, or other troubleshooting;
      • Communicate with you;
      • Provide you with service updates;
      • Provide you with marketing and surveys;
      • Provide you with information you requested regarding our products or services or other questions;
      • Verify your identity and reduce credit risk;
      • Detect and prevent fraud, violations of our legal agreements, and illegal activity;
      • Comply with legal or regulatory requirements and other purposes;
      • Make business decisions;
      • Recover debt and collections; and
      • Fulfill other technical, logistical, financial, tax, legal, compliance, administrative, or back-office functions.

    2. Updating Your Personal Information

      Keeping your account information up-to-date is important. You may review or update certain account information by calling us at 833-239-3537, by calling us or visiting us in person at one of our branches or by using the contact information listed on your billing statements or other documents we send to you.

  2. Google Analytics, Cookies, Web Beacons, and Logs

    We collect information related to your use of our websites using cookies, Web beacons, and log information. We use the information gathered from cookies, Web beacons, and logs to monitor website performance; improve website design, functionality, and security; assemble Web analytics and activity trends; and to measure, improve and customize products and services. We may use cookies, Web beacons, and other technologies from third-party service providers to satisfy these functions.

    Google Analytics is a tool we use to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, what other sites they used prior to coming to this site, and the IP address of the device used to connect to our site. We use the information we get from Google Analytics only to improve this site. We do not combine the information collected through the use of Google Analytics with any of your personally identifiable information. Although Google Analytics plants a permanent cookie on your device's web browser to identify you as a unique user the next time you visit this site using that same device, the cookie cannot be used by anyone but Google. You can read Google's Privacy Policy to learn how Google uses the data gathered by Google Analytics.

    Cookies are small files containing strings of text stored on your computer. We use cookies to authenticate you as a user when you log in, to track your session, to deliver content specific to your preferences and interests, and to provide other functions.

    We may use session cookies or persistent cookies. Session cookies are temporary and are deleted after you close your Web browser. Session cookies do not collect personally identifying information from your computer. Among other uses, session cookies allow us to deliver content specific to your interests and to improve website navigation. We use persistent cookies for customer protection, as part of our authentication technology. Persistent cookies assist in verifying the identity of a customer who is attempting to log in to an account.

    Web beacons are objects embedded into Web pages that allow a website to count users and determine how long users view Web pages. We use Web beacons for site traffic reporting, unique visitor counts, auditing and reporting, personalization, and other functions.

    Log information may include Web requests, domain name and host, Internet Protocol address, your Internet service provider, referring website, operating system, browser type, browser language, date and time of your request, and cookies that may uniquely identify your browser. We use this information to enhance the functionality of the website and to make your access more convenient, secure, and efficient. We may also use this information to develop group profiles of its website visitors, to assist with systems administration, to resolve problems, and to prevent fraud.

    You may stop your browser from accepting cookies or Web beacons. The Help portion of your browser should explain how to configure your browser's cookie handling. Your browser may have add-ons that may help you block Web beacons. You may have limited functionality if you block cookies or Web beacons set by this website.

  3. Do-Not-Track

    We are unable to respond to Do-Not-Track signals or similar tools and settings at this time due to the limits of current Internet technology, standards and solutions.

  4. Disclosure and Sharing of Personal Information

    We disclose Personal Information to accomplish the uses, purposes, and sharing outlined in this Online Privacy Policy and the Financial Privacy Policy.

    We disclose Personal Information to our affiliated companies, individuals, and third parties that perform services and functions on its behalf under confidentiality agreements. These entities include, but are not limited to, financial institutions; auditors; background and credit check organizations; fraud prevention service providers; marketing service providers; database managers; customer service providers and representatives; debt collectors; and others who perform technical, logistical, financial, tax, legal, compliance, or administrative functions on our behalf. They may perform functions including, but not limited to, providing products and services; analyzing data; supplying marketing assistance; providing search results and links; sending postal mail and email; providing background and credit checks; providing fraud checks; providing customer service; supplying marketing assistance; assisting in debt collections; and providing other financial, technical, logistical, tax, legal, compliance, or administrative functions.

    In addition, we may disclose Personal Information where:

    • Required by law, by court rules concerning the production of records, or by an order or requirement of a court, administrative agency, law enforcement authority, or other government entity;
    • We have reasonable grounds to believe that use or disclosure is necessary to protect the rights, privacy, property, or safety of our users, employees, or others;
    • We have reasonable grounds to believe that the information relates to the breach of an agreement or violation of the law that has been, is being, or is about to be committed;
    • It is necessary for fraud protection, risk reduction, or the establishment or collection of funds owed to us;
    • It is necessary to enforce or to apply our legal agreements, to pursue remedies, or to limit damages to us;
    • The information is public;
    • You have provided consent or with your direction; and
    • Other reasons allow it or other laws require it.

    We may share aggregate or statistical data with third parties for public relations or other purposes.

  5. How We Store and Protect Your Information

    Your information that we collect through the website may be stored and processed in the United States or any other country in which we or our subsidiaries, affiliates or service providers maintain facilities. We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third-parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.

    We care about the security of your information, and take technical and organization measures to protect your data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. These measures vary depending on the sensitivity of the information we have collected from you. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is absolutely secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. We are not responsible for the functionality or security measures of any third-party.

    To protect your privacy and security, we take steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us, at all times. Do not share your password with anyone and do limit your access to your computer or other devices by signing off after you have finished accessing your account.

    For information about how to protect yourself against identity theft, please refer to the Federal Trade Commission’s website at www.ftc.gov/news-events/media-resources/identity-theft-and-data-security.

  6. How Long We Keep Your Information

    Following termination or deactivation of your account, we may retain your profile information for an additional period of time for backup, archival, or audit purposes. In certain circumstances, we are required by Federal and State regulations to store various information. In order to comply with those requirements, we may be unable to delete your information from our database until the expiration of the applicable period.

  7. California Privacy Rights

    Under California Civil Code Section 1798.83 (known as the “Shine the Light Law”), if you are a resident of California, you may request certain information about our disclosure of personal information about you during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the following address: Privacy Policy Manager, 2118 Usher Street, Covington, GA 30014. Alternatively, you may send us an email at: privacy@lendmarkfinancial.com.

  8. Privacy Policy Coordinator

    If you have any concerns or questions about any aspect of this policy, please feel free to contact us as follows:

    By Email: privacy@lendmarkfinancial.com
    By Mail: Privacy Policy Manager, 2118 Usher Street, Covington, GA 30014

    Make sure to include enough information for us to help you, including for example your name, contact information, and the specific website, mobile site, application, and/or other service you're contacting us about.

If you don't agree to the terms contained in the Terms of Use and Online Privacy Policy, you must immediately exit the Service.

Last Revised and Effective: September 6, 2018