TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY ACCESSING OUR SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USING THE SITE
Balance Credit’s Privacy Notice applies to our use of your personal information. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding BalanceCredit’s efforts to protect such transmissions.
The contents of this Site, including its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under United States copyright, trademark and other intellectual property laws. The contents of the Site belong or are licensed to Balance Credit or its software or content suppliers. We grant you the right to view and use the Site subject to these Terms. You may download or print a copy of information provided on the Site for your personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Site, in whole or in part, for any other purpose, is expressly prohibited without our prior written consent. We neither represent nor warrant that your use of materials displayed at the Site will not infringe rights of third parties. While we use reasonable efforts to include accurate and up-to-date information at the Site, we make no warranties or representations as to the Site’s accuracy. You understand that by posting materials on the Site or otherwise providing materials to Balance Credit, you are granting to Balance Credit a royalty-free, perpetual, irrevocable license to use this information in the course of offering our services. Furthermore, you understand that we retain the right to reformat, excerpt or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such content originated and that we will not be liable for any errors or omissions in any content.
As a condition of your use of this Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Balance Credit or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Balance Credit network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability. While we use reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
This Site is not directed at children under the age of eighteen (18) and we do not knowingly collect personal information at this Site from any child under the age of eighteen (18).
Consent to Be Contacted
By submitting your contact information to us, you are expressly consenting to be contacted by us (and our affiliates, agents, assigns and service providers) by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution. We may contact you for application and loan servicing, including without limitation, for matters related to your loan or application, such as to remind you of upcoming payments, or for collections and other loan-related issues. By submitting your contact information, registering for an account, applying for a Service or beginning an application for a Service, you consent to be contacted by written notices; SMS messages (including text messages); telephone at any telephone number associated with your account you provide now or in the future, including cellular phones, wireless telephone numbers or other wireless devices, and in connection with any such telephone calls, you consent to the use of prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your loan or application, such as reminding you of upcoming payments, collections, and other loan-related issues; email notices at any email address or mailing address we have for you in our records or from other public and nonpublic databases that we may lawfully access. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location and contact information for you. You hereby further consent that we may utilize third party service and other providers for the purposes of contacting you on our behalf in accordance with the Terms. You may change your contact preferences by contacting us at (855) 942-2526.
Content Submitted or Made Available for Inclusion at the Site
Balance Credit’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments, questions or concepts that are offered or communicated to Information gathered through this Site or otherwise shall become the property of Balance Credit and may be treated by Balance Credit as non-confidential and non-proprietary. We shall have the unrestricted right to use and disclose such ideas, suggestions, know-how, comments, questions or concepts for any purpose without compensation or obligation to any party.
Sweepstakes & Other Promotions
From time to time, BalanceCredit may conduct promotions on or through the Site, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotions. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
Conduct of Site Visitors
Although we may from time to time monitor or review postings, transmissions, and the like on the Site (collectively, “Communication(s)”), we are under no obligation to do so and assumes no responsibility or liability arising from the content of any Communications, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Communication on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, rule or ordinance. We retain the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing Balance Credit to disclose the identity of anyone posting any such information or materials.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Balance Credit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers or promotions. It is also essential that users review the laws and regulations of the state they reside in prior to participating in any promotions advertised on this Site.
Links to Other Web Sites and Services
This site may contain links to sites maintained by third parties. We are not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites. Please note that other websites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those websites and web pages when visiting them.
None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) to (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Balance Credit against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
DISCLAIMERS OF WARRANTIES
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. ADDITIONALLY, WE DO NOT WARRANT THAT THE SITE IS FREE FROM HARMFUL VIRUSES. WE MAY AMEND OR MODIFY THE CONTENT OF THIS SITE WITHOUT NOTICE TO YOU OR ANY LIABILITY TO YOU. YOU USE THIS SITE AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
LIMITATIONS OF LIABILITIES
UNDER NO CIRCUMSTANCES WILL BALANCE CREDIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF BALANCE CREDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY LINKED SITE, OR RESULTING FROM A DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, BALANCE CREDIT’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE OR ITS CONTENT SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SITE.
By using the Site, you agree to defend, indemnify, and hold harmless Balance Credit from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that we may incur arising or resulting from your use of this Site, the content of the Site, or your breach of these Terms. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Certain features or Services available through the Site may be subject to additional terms, which will be presented to you at that time. In the event of a conflict between these Terms and such additional terms, the additional terms will govern solely with respect to such features and Services. Such additional terms are expressly incorporated into and made part of these Terms.
Modifications We may, from time to time, make modifications, changes or additions to these Terms. You agree that your continued use of the Site or Services following the posting of such changes is your acceptance of such changes.
Balance Credit’s relationship with you is governed by applicable federal and state laws as stated in your loan agreement (“Agreement”), except the Federal Arbitration Act 9 U.S.C Sections 1-16 (“FAA”) governs the Jury Trial Waiver and Arbitration Clause in your Agreement. We will resolve any complaint lodged, filed or otherwise submitted by you or on your behalf in a manner that is consistent with the Agreement. If you have concerns about the operation of any part of Balance Credit or otherwise believe yourself to be aggrieved by some aspect of the operation of any part of Balance Credit’s services, you agree that you shall direct your concerns or dispute in the first instance to Balance Credit’s management, either orally or in writing. In the event you are dissatisfied with Balance Credit’s initial determination, you may mail us notice, within 15 days of the dispute date. In your notice, tell Balance Credit the details and how you want to resolve it. We will try to resolve the Dispute. If we make a written offer (“Settlement Offer”), you can reject it and arbitrate. If we don’t solve the Dispute, either party may start arbitration. To start arbitration, contact an Arbiter or arbitration group listed in your Agreement. No party will disclose settlement proposals to the Arbiter during arbitration. You may send written notice via mail to: SunUp Financial, LLC d/b/a Balance Credit, P.O. Box 4356 Dept #1557, Houston, TX 77210. You can call us or use certified mail to confirm receipt. Additionally, by the continued us of this Site, you agree that all claims, demands, disputes or controversies between you and Balance Credit (its employees, officers, directors, members, agents or assigns), including disputes regarding the scope and validity of this section, and any loan you have had in the past, any loan you may now have, or any loan you may obtain in the future, shall be subject to the Jury Trial Waiver and Arbitration Clause in your Agreement as provided above and in the Agreement. You agree that YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY. This agreement shall apply to all claims, whether under common law or pursuant to federal, state or local statute, regulation or ordinance, or for claims of fraud, misrepresentation or collection on the loan, and you specifically waive your right to bring, join or participate in any class action lawsuit in any federal court.
YOU AND BALANCE CREDIT WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTE(S) BUT HAVE AGREED INSTEAD TO RESOLVE ANY DISPUTE(S) THROUGH ARBITRATION
Finally, to the extent permitted by applicable state and federal law, you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us, our employees, officers, directors, servicers and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. YOU THEREFORE AGREE AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT OR THE USE OF THIS SITE.
You agree to pay any attorneys’ fees and court costs we might incur in seeking such relief .
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion that is unlawful, void or unenforceable shall be stricken from these Terms. You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of Balance Credit’s rights and that those rights or remedies will still be available to Balance Credit. All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of the Terms and the termination of the agreement(s) contained herein. These Terms represent the entire understanding and agreement between you and Balance Credit regarding your use of the Site and supersede all other previous agreements regarding same.