By using our website, you agree to the terms and conditions of use, including:

  • Privacy Notice, which discloses how we collect, share, and protect your non-public personal information; and

  • Arbitration Agreement with Class-Action Waiver, which describes how you and we must use binding arbitration to resolve any dispute arising from or relating to our services.

Your use of this website creates a legal contract between you and us. If you do not agree to these Terms and Conditions, then you must immediately leave the website because you do not have our permission to use it.

Table of Contents

I. Introduction

II. Our Practices that Affect You

 

A. Services

1. Loan Products

2. User Eligibility

B. Accounts

1. Account Services

2. Account Registration

C. Privacy Notice

1. Disclosure of Privacy Practices

2. Delivery of Privacy Notice

D. Customer Identification Program

E. Record Retention

F. Specific Disclosures

1. California Residents

2. Delaware Residents

3. Kentucky Residents

4. Ohio Residents

5. Utah Residents

6. Married Wisconsin Residents

G. Third Party Relationships

1. Referrals and Links

2. Site Advertisements

H. Marketing Programs

1. Promotion Rules

2. Rewards Program

III. Your Authorizations to Us

 

A. Consent to E-SIGN and Electronic Communications

1. Effect and Duration of Consent

2. Types of Electronic Communications

3. Withdrawing Consent or Requesting Paper Communications

4. Accessing Electronic Communications

5. Minimum Hardware and Software Requirements

B. Consent to Credit Inquiries and Reporting

1. Credit Inquiries

2. Withdrawal of Loan Application

3. Credit Reporting

4. Notice of Furnishing Negative Information

5. California Consumer Notice of Rights

C. Consent to Instant Bank Verification

1. Ability-to-Repay Verification

2. Other Uses

D. Consent to Communications

1. Email, Postal Mail, Landline Phone, and Non-TCPA Mobile Phone

2. TCPA Consent Subject to Checkbox Deselection at Loan Application

E. Consent to Telephone Monitoring and Recording

F. Consent to Governing Law and Venue

IV. Arbitration Agreement with Class-Action Waiver

 

A. You or we may elect to arbitrate Claims

B. What is arbitration?

C. What is a “Claim?”

D. What rules apply to arbitration?

E. Is class arbitration allowed?

F. Who pays the costs of arbitration?

G. What law applies?

H. Other Arbitration Terms

I. CLASS ACTION WAIVER

V. Other Terms and Conditions

 

A. Site Security

B. Cookies

C. Mobile Application

D. User-Generated Content

E. Disclaimer of Warranty

F. Additional Disclaimers

G. Limitation of Liability

H. Indemnification

I. Waiver, Severability, and Integration

J. Intellectual Property

K. Copyright Infringement

1. Infringement Notice

2. Designated Agent

 

 

 

I. Introduction

Welcome to CreditNinja! Please review the Terms and Conditions set forth below (the “Terms of Use“) before using our website (the “Site“). The Terms of Use govern your use of the Site and can be printed in a form you can keep. Under the Terms of Use, “CreditNinja“, “we“, “our“, and “us” mean KMD Partners, LLC d/b/a CreditNinja, and “you” and “your” mean the individual using the Site.

 

As the owner and operator of the Site, we reserve the right to change the Terms of Use from time to time. As a user of the Site, it is your responsibility to check the Terms of Use for changes. Your continued use of the Site following our posting of changes means that you accept those changes. Provided you comply with the Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited license to use the Site and its features, including your registration and use of an online account (an “Account“). Subject to applicable law, we reserve the right to terminate this license if we reasonably believe you have violated the Terms of Use.

 

The Terms of Use contemplate many instances when you must or may contact CreditNinja. To avoid repetition, we list our contact information here, define these touchpoints as our “Customer Service Group,” and invite you to contact us by phone, email, or ordinary mail.

 

CreditNinja, Attn: Customer Service Group
222 South Riverside Plaza, Suite 2200
Chicago, Illinois 60606
[email protected] 855-646-5201 (855-NINJA01)

 

The Table of Contents above outlines the sections of the Terms of Use. After gaining that overview, please read the Terms of Use carefully, visit the Site periodically to check for changes, print the document for your records, and contact our Customer Service Group if you have any questions, comments, or concerns.

 

 

 

II. Our Practices that Affect You

A. Services

From the Site, we make or arrange consumer loans and provide related consumer financial services (our “Services“). The loan products we offer, and the business model under which we offer them, vary based on your state of residence at the time you submit a loan application.

 

1. Loan Products

In some states, we make loans under the authority of a state supervised loan law. Our Site identifies these states (the “Supervised Loan States“), displaying both our supervised loan license and any required state-law disclosures. In Texas, we act as a credit access business (“CAB“) and credit services organization (“CSO“), marketing and servicing loans made by an unaffiliated non-depository lender. In most – but not all – U.S. states, including our Supervised Loan States and Texas (the “Bank Loan States“), we market and service loans for a federally insured bank, which makes the loans under the interest rate laws of its home state.

 

To determine the loan product(s) we offer in your state, select your state of residence from the dropdown menu located on the State Licenses and Disclosures page or other page we use for this purpose. This page will list the loan product(s) we offer in your state, if any, and will provide other pertinent information.

 

      • For residents of Supervised Loan States, we display our supervised loan license and provide any required state law disclosures.

      • For residents of Texas, we display our CAB license and CSO registration and provide required state law disclosures.

      • For residents of Bank Loan States, we identify the federally insured bank that makes the loan

 

2. User Eligibility

For all loan products and business models, loans are available only to consumers who are the age of majority and have a valid social security number (“SSN“). By using the Site, you represent and warrant that you are at least age 18 (age 19 for residents of Alabama or Nebraska) and that you have a valid SSN.

The Site is not directed at children under the age of 13. We do not knowingly collect personal information from any child under the age of 13 on the Site.

 

B. Accounts

To access and use our Services, you must create an Account.

 

1. Account Services

The list below illustrates the types of Services available – or soon to be available – from an Account (“Account Services“). As the owner and operator of the Site, we reserve the right to change the Account Services from time to time.

 

        • Reviewing loan balance, transaction history, and payoff amount.

        • Requesting or accepting an extension, refinance, or new loan.

        • Participating in our customer referral program and any rewards program we may offer in the future

 

2. Account Registration

To create an Account, you must register a username and password (your “Account Credentials“). Your username is the email address you provide us when you submit a loan application. Your password is a series of characters known only to you. The password should be at least 8 characters, including a mixture of uppercase and lowercase letters and at least 1 symbol or digit. If you leave our Site before selecting a password, then your Account registration will be incomplete. In such instance, we will generally send you an email that reminds you of your incomplete registration and that provides you a link to select a password.

By creating an Account, you represent and warrant that your email address of record (i.e., your Account username) is used and accessible by only you. You also acknowledge and agree to the statements listed below.

        • You must safeguard your Account Credentials and Device so that others cannot conduct unauthorized activity on your Account.

        • You may not sell, transfer, or assign your Account to others.

        • You must notify us within 5 days if you change your email address of record.

        • You must notify us immediately if you see unauthorized activity on your Account or if the security of your Account Credentials or Device has been compromised.

 

We reserve the right to suspend or terminate your Account if any of the Account information you provide is inaccurate, outdated, incomplete, or in violation of the Terms of Use. The Terms of Use will continue to apply until your Account is closed.

You have the right to close your Account at any time, although such Account closure does not render unenforceable any outstanding loan you may have. To close your Account, either follow the account-closure instructions contained on the Site or contact our Customer Service Group. After your Account is closed, we will continue to retain all loan and Account records for the retention period required by applicable laws.

 

C. Privacy Notice

 

1. Disclosure of Privacy Practices

Our Privacy Notice discloses how we collect, share, and protect your non-public personal information (“NPI“). You have the right to opt-out of our practices for collecting, sharing, and protecting NPI. To exercise that right, you may contact either our Customer Service Group or the opt-out page specified in the Privacy Notice (https://creditninja.com/opt-out)

 

2. Delivery of Privacy Notice

By using the Site, you agree to the privacy practices described in our Privacy Notice, subject to any opt-out right you choose to exercise. Additionally, you acknowledge and agree that no longer than one year has elapsed between the date you electronically received our Privacy Notice and the date we last changed our privacy practices described in the notice.

 

D. Customer Identification Program

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

If you apply for a loan from us or an unaffiliated lender for which we arrange loans, then our customer identification program requires us to ask for your name, address, social security number, date of birth, and other information that will allow us to identify you.

 

E. Record Retention

We retain data, information, and records about you, including NPI, for 7 years following the date of last activity on your loan or for such longer or shorter period as may be required by applicable record retention laws.

 

F. Specific Disclosures

In addition to the Terms of Use, our Services may require additional or different disclosures, agreements, or authorizations for specific loan products, jurisdictions, business models, or delivery platforms (collectively “Specific Disclosures“). These Specific Disclosures may be provided to you at a different Site page, such as the State Licenses and Disclosures page or at a different stage in the loan origination process, such as at loan closing. To the extent the Specific Disclosures conflict with the Terms of Use, the Specific Disclosures will control.

The Specific Disclosures listed below are disclosures applicable to loan applicants residing in specific states. Upon submitting a loan application, you may receive additional Specific Disclosures depending on the state, loan product, and credit decision.

 

1. California Residents

A married applicant may apply for a separate credit account. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a consumer reporting agency if you fail to fulfill the terms of your credit obligations. After credit approval, each applicant shall have the right to use the credit account up to the limit of the credit account. Each applicant may be liable for amounts extended under the plan to any joint applicant.

 

2. Delaware Residents

Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.

 

3. Kentucky Residents

You may pay the unpaid balance of your credit account in whole or in part at any time.

 

4. Ohio Residents

The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

 

5. Utah Residents

As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

 

6. Married Wisconsin Residents

No provision of any marital property agreement, unilateral statement or court decree adversely affects our rights, unless you give us a copy of such agreement, statement or court order before we grant you credit, or we have actual knowledge of the adverse obligation. All obligations on this account will be incurred in the interest of your marriage or family. You understand that we may be required to give notice of this account to your spouse. Married Wisconsin residents must furnish the name and address of their spouse to us in the loan application or by contacting our Customer Service Group.

 

G. Third Party Relationships

 

1. Referrals and Links

In the Terms of Use, a “Third Party” means any of the unaffiliated persons or entities described below.

      • Consumer lender with which we may share your loan application information, provided we have not offered you a loan that meets your needs and you have not opted-out of our practices for sharing your non-public personal information with non-affiliates (see our Privacy Notice)

      • Financial services company or information source to which the Site provides a link or referral.

We may receive compensation for referring you to a Third Party, and that Third Party may custom match its products, services, actions, or communications (“Third-Party Content“) to the information you provide us.

We do not control Third Parties or Third-Party Content. We do not assume any responsibility or liability for Third Parties, and we do not warrant or guaranty the scope or quality of Third-Party Content. Any services that you obtain through Third-Party Content will be subject to the Third Party’s privacy notice and any website terms of use that the Third Party may apply. If you have any questions or concerns about Third-Party Content, then you should direct them to the Third Party and not to us.

 

2. Site Advertisements

The Site does not currently contain advertisements from Third Parties for their services (“Third-Party Advertisements“). But as the owner and operator of the Site, we reserve the right to change this practice in the future.

If the Site does publish Third-Party Advertisements in the future, then we may receive compensation for such advertisements. This compensation may affect the frequency, location, prominence, or category rank of a Third-Party Advertisement on the Site. Moreover, the Site will not include all products or offers available in the marketplace and will not provide tools for comparison shopping among advertised services.

 

H. Marketing Programs

 

1. Promotion Rules

From time to time, we may offer sweepstakes (i.e., games of chance), contests (i.e., games of skill or knowledge), or other sales promotions (collectively “Promotions“) from the Site. Each Promotion may have additional terms and conditions governing it (“Promotion Rules“). These Promotion Rules will be available on the Site and are deemed incorporated by reference into the Terms of Use. It is your responsibility to read the Promotion Rules to determine the Promotion’s eligibility and entrance requirements, limits on participation, prizes and awards, and odds of winning.

 

2. Rewards Program

We do not offer a rewards program today but may offer one in the future. A “Rewards Program” allows a consumer to earn points that can be redeemed for gift cards or other items of value. Any Rewards Program we offer will comply with laws applicable to us as a supervised lender or loan arranger. These laws and applicable program rules may limit eligible participants (e.g., our customers, not all consumers) or eligible activities (e.g., on-time payments, not repeat loans).

 

 

 

III. Your Authorizations to Us

 

A. Consent to E-SIGN and Electronic Communications

 

By using the Site, you consent to use electronic signatures (“E-SIGN“) and you consent to receive all disclosures, agreements, records, messages, and other information in electronic form (collectively “Electronic Communications“). In the Terms of Use, “Consent” means both your E-SIGN consent and your Electronic Communications consent. Please review this section for details concerning the matters listed below.

      • The effect and duration of your Consent.

      • The types of Electronic Communications.

      • The procedures for withdrawing your Consent or, alternatively, requesting a specific paper communication without withdrawing your Consent.

      • The procedures for receiving Electronic Communications and updating your email address.

      • The minimum hardware and software requirements to access and retain Electronic Communications.

 

1. Effect and Duration of Consent

When we provide Services to you, we must obtain your signature on certain documents (e.g., a loan agreement) and we must deliver certain communications to you in writing (e.g., an adverse action notice). By providing your Consent, you agree that your electronic signature on a document has the same legal effect as your traditional wet ink signature. Similarly, you agree that your receipt of Electronic Communications has the same legal effect as your receipt of communications in paper form.

Your Consent applies to all past, present, and future transactions that you apply for or enter into with us or with the unaffiliated lenders for which we arrange loans. Your Consent will remain effective until and unless you withdraw it. As explained in the subsections below, you may withdraw your Consent at any time. Alternatively, you may keep your Consent in place and request a specific communication in paper form.

 

2. Types of Electronic Communications

The term Electronic Communications includes documents that we have a legal obligation to deliver in writing as well as documents that we have the option to deliver in any form we choose. Thus, without limiting the generality of the previous sentence, the term includes initial and annual privacy notices, loan applications, loan approval letters and adverse action notices, loan agreements and arbitration agreements, payment reminders and billing statements, extension requests and payoff quotes, cure notices and collection letters, and all other disclosures delivered pursuant to applicable consumer protections laws such as those listed below.

 

      • State supervised loan laws.

      • Equal Credit Opportunity Act and Regulation B.

      • Electronic Funds Transfer Act and Regulation E.

      • Gramm-Leach-Bliley Act and Regulation P.

      • Fair Credit Reporting Act and Regulation V.

      • Truth in Lending Act and Regulation Z.

      • Servicemembers Civil Relief Act

 

3. Withdrawing Consent or Requesting Paper Communications

You may withdraw your Consent at any time by contacting our Customer Service Group. Alternatively, you may keep your Consent in place and ask the Customer Service Group to deliver a paper version of any communication you specify.

You will incur no fee for withdrawing your Consent or requesting a specific paper communication, and neither action will affect the credit decisions made by us or by the unaffiliated lenders for which we arrange loans.

 

4. Accessing Electronic Communications

We deliver Electronic Communications by posting them to your Account and/or by emailing them to your email address of record. Importantly, our sending you an email alerting you that an Electronic Communication is available online has the same legal effect as our delivering the communication in paper form, regardless of whether you actually review the communication online. When we email an Electronic Communication to you, we deliver the communication in a form you can either print or download for your records. Our transmittal email will explain how to access and retain the Electronic Communication.

It is your responsibility to keep your email address up to date so we can deliver Electronic Communications to you. You must contact our Customer Service Group within 5 days if you change your email address of record (i.e., the email address you provide us when you submit a loan application) or you change your other contact information of record (e.g., street address or phone number).

 

5. Minimum Hardware and Software Requirements

To access and retain Electronic Communications, you must have the hardware and software listed below.

 

      • Active email address, with spam-filter settings adjusted to avoid diverting our emails from your inbox (i.e., you should add us as a contact).

      • Internet browser that supports 128 bit encryption such as later versions of Google Chrome, Microsoft Internet Explorer, Microsoft Edge, Apple Safari, or Mozilla Firefox.

      • Connection to the internet.

      • Software that accurately reads and displays .pdf files such as Adobe Acrobat Reader.

      • Personal computer, laptop computer, mobile phone, tablet, or any other device capable of connecting to the internet (collectively a “Device“).

      • Operating system capable of supporting all of the software listed above.

      • Printer, hard drive, or other storage device.

 

If you do not have this hardware and software, then you may not use the Site because you cannot provide Consent under applicable laws such as the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN“) and similar state statutes modelled on the Uniform Electronic Transactions Act (“UETA“).

 

B. Consent to Credit Inquiries and Reporting

 

1. Credit Inquiries

By using the Site and submitting a loan application, you are providing “written instructions” to us under the Fair Credit Reporting Act (“FCRA“) to obtain information about you from any consumer reporting agency (“CRA“), including but not limited to Experian/Clarity, DataX/Equifax, FactorTrust/TransUnion, and GIACT Systems. You authorize us – acting as either the lender or the arranger of a loan made by an unaffiliated lender – to obtain information about you from any CRA and from any non-CRA person or company for the purpose of verifying your identity and ability to repay, verifying the information contained in your loan application, or to otherwise evaluating your creditworthiness.

 

This authorization will remain in effect until you pay in full any loan that we make or arrange. Until you repay such loan, you authorize us to submit inquiries to CRAs not only for the purpose of underwriting your loan but also for the purposes listed below.

 

      • Servicing or collecting your loan.

      • Evaluating your eligibility for an extension, refinance, or new loan.

      • Improving our service quality of product offerings.

      • Any other permissible purpose under applicable laws

 

You acknowledge and agree that our CRA inquiries may appear on your credit reports and may affect your credit score(s). When we submit an inquiry to a CRA, you have the right to obtain a copy of your credit report from the CRA. You also have the right to dispute inaccurate information contained in that credit report by contacting the CRA directly.

 

Nothing in this section shall require us or the unaffiliated lenders for which we arrange loans to extend credit to you. But if you do obtain a loan that we make or arrange, then you acknowledge and agree that we may report your payment performance to one or more CRAs, either on our own behalf, as lender, or on behalf of the unaffiliated lender for which we arranged the loan.

 

2. Withdrawal of Loan Application

If you begin a loan application and fail to complete it, then we consider the application withdrawn after 21 days of inactivity. In determining whether a loan application is complete, the term “inactivity” means that you fail to perform a required action, fail to provide required information or documents, and fail to otherwise communicate with us concerning your incomplete application for a period of 21 days.

 

3. Credit Reporting

We may report your loan payment performance to consumer reporting agencies, including your failure to make scheduled or minimum payments on time. We may also respond to inquiries about our credit experiences with you as permitted by law.

 

4. Notice of Furnishing Negative Information

We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

 

5. California Consumer Notice of Rights

The practices listed below apply if you are a victim of identity theft and you provide to a consumer reporting agency a copy of a valid police report or a valid investigative report made by a Department of Motor Vehicles investigator with peace officer status describing your circumstances.

 

        • You may request that any information listed on the report as allegedly fraudulent be blocked so that it cannot be reported. The CRA must promptly notify you if the information is blocked.

        • Information may be unblocked, based upon a preponderance of evidence. The permanently blocked information shall be unblocked if the information was blocked due to a material misrepresentation of the facts by you or fraud, or if you agree that the information is blocked in error, or if you knowingly obtained possession of goods, services, or moneys as a result of the blocked transactions. The CRA must promptly notify you if the information is unblocked.

 

For more information about the steps to take to set up an alert, credit reports, or report identity theft contact:

 

 

For more information about the same topics, you may also contact the specialty consumer reporting agencies used by us and the unaffiliated lenders for which we arrange loans.

 

        • Clarity Services: P.O. Box 5717, Clearwater, FL 33758, Attn: Consumer Support or Phone (866) 390-3118.

        • FactorTrust: P.O. Box 3653, Alpharetta, GA 30023 Attn: Consumer Inquiries or Phone (844) 773-3321.

        • DataX: 325 E. Warm Springs Rd., Ste. 202, Las Vegas, NV 89119, Attn: Customer Services or (800) 295-4790.

        • GIACT Systems: 700 Central Expy S, Suite 300, Allen, TX 75013, Attn: Consumer Inquiries or (833) 802-8092.

 

C. Consent to Instant Bank Verification

When processing your loan application or providing you Services, we may use either Plaid Technologies, Inc.® (“Plaid“) or Yodlee, Inc.® (“Yodlee“) to review recent transaction data from your bank account or prepaid debit card (“instant bank verification” or “IBV“). The purpose of IBV is to verify your ability to repay the loan that you applied for on the Site.

 

Plaid and Yodlee are financial data aggregators, providing consumer-authorized financial data to us and to a wide variety of other lenders, financial institutions, and merchants. In this section, “Verification Service” means Plaid, Yodlee, or any other vendor that provides us consumer-authorized financial data. For more information about the consumer-authorized financial data aggregation industry, you can consult your state consumer credit administrator or can review the CFPB’s Consumer Protection Principles for Consumer-Authorized Financial Data Sharing and Aggregation.

 

1. Ability-to-Repay Verification

When you apply for a loan with us or with an unaffiliated lender for which we arrange loans, the lender may require you to perform IBV as a condition of completing your loan application. Because IBV is a consumer-authorized action, you have no obligation to perform IBV if you decide you do not want to complete your loan application. But if you do want to complete your loan application by performing IBV, then the following procedures will apply.

 

You will provide the Verification Service with your login credentials to the bank account or prepaid debit card from which you will repay the loan (your “Repayment Account“).

 

The Verification Service will obtain recent transactions from your Repayment Account and will transmit that data to us. The lender will then identify your recurring debts and determine the amount, interval, and reliability of the income directly deposited to your Repayment Account.

 

Although we will review the Repayment Account data transmitted by the Verification Service to us, we will not receive or store the login credentials to your Repayment Account Instead, the Verification Service will use and store those credentials in accordance with the Verification Service’s terms and conditions. You will decide whether you accept the Verification Service’s terms and conditions before you perform IBV.

 

For your convenience and review, this document provides a Plaid Privacy Notice link and a Yodlee Privacy Notice link Before performing IBV, we encourage you to visit the Verification Service’s website to review the privacy notice then in effect. Your review will ensure that the above links are still current and that you accept the terms and conditions under which the Verification Service will use and store your Repayment Account login credentials and other financial data.

 

By using the Site and submitting a loan application, you authorize us to receive, review, and store recent transaction data from your Repayment Account if you authorize a Verification Service to obtain such data and transmit it to us.

 

2. Other Uses

Subject to applicable laws and other limitations, we may use the transaction data from your Repayment Account for purposes other than verifying your ability to repay a loan. These other uses may include those listed below (collectively “Other Uses“).

 

        • Conducting fraud screening, identity verification, and Account information verification.

        • Determining your eligibility for extensions, refinances, or new loans.

        • Including you in marketing campaigns and promotions.

        • Improving our service quality and product offerings

 

By using the Site, you authorize us to use Verification Service data not only for the purpose of verifying your ability to repay a loan but also for Other Uses. You also acknowledge that the login credentials to your Repayment Account are used and stored by the Verification Service and not by us.

 

D. Consent to Communications

1. Email, Postal Mail, Landline Phone, and Non-TCPA Mobile Phone

By using the Site, you authorize us and our affiliates, agents, and assigns to communicate with you by email, postal mail, and landline telephone for any lawful purpose, including application processing, loan servicing (e.g., payment reminders and ACH notifications required by the CFPB’s small-dollar-loan rule), and debt collection (e.g., delinquency notices and debt-sale notices). You also authorize us and our affiliates, agents, and assigns to call or text your mobile phone number, provided we do so without using either an automatic telephone dialing system (“ATDS“) or a prerecorded message. You acknowledge and agree that no contact you authorize in this paragraph will be deemed unsolicited.

If you want to revoke the authorization in the above paragraph and issue a do-not-contact instruction, then you may do so at any time by contacting our Customer Service Group.

 

2. TCPA Consent Subject to Checkbox Deselection at Loan Application

If you submit a loan application, then the Site will ask whether you provide your prior express written consent for us and our affiliates, agents, and assigns to call or text your mobile phone number with the use of an ATDS or a prerecorded message. In the Terms of Use, this optional consent is called “Telephone Consumer Protection Act consent” or “TCPA consent.”

If you submit a loan application and decline to provided TCPA consent – which you indicate by deselecting the TCPA-consent checkbox at loan application and then clicking the “next” (or similarly named) button – then your decline decision will control over this subsection of the Terms of Use. But if you do not submit a loan application or if you submit one and fill the TCPA-consent checkbox at loan application, then you do provide TCPA consent. That is, you agree that we and our affiliates, agents, and assigns may use an ATDS or a prerecorded message to call or text any mobile number that you provide us – whether on the Site, in a loan application, or otherwise – until and unless you revoke your TCPA consent.

 

E. Consent to Telephone Monitoring and Recording

By using the Site, you authorize us and our affiliates, agents, and assignees may to monitor, tape, or electronically record our telephone calls with you, whether a call is inbound or outbound from your perspective.

 

F. Consent to Governing Law and Venue

The Site is located in the State of Illinois. The Arbitration Agreement described below shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. All other sections of the Terms of Use shall be governed by the laws of the State of Illinois without regard to its conflicts of law provisions.

By using the Site, you agree to conduct any arbitration proceeding under the Arbitration Agreement in Cook County, Illinois, unless we agree in writing to a different venue.

 

 

 

IV. Arbitration Agreement with Class-Action Waiver

 

THIS ARBITRATION AGREEMENT DOES NOT APPLY IF (1) YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT AND (2) OUR DISPUTE INVOLVES THE EXTENSION OF CONSUMER CREDIT.

By submitting a loan application or otherwise using the CreditNinja website located at www.creditninja.com the user of the Site (“you” or “your“) and KMD Partners, LLC d/b/a CreditNinja (“CreditNinja“, “we“, “our“, or “us“) agree to this section of the website’s Terms of Use (the “Arbitration Agreement“). You and we intend for this Arbitration Agreement to satisfy the “writing” requirement of the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA“), meaning that this Arbitration Agreement is a “written agreement to arbitrate” that can only be amended by the mutual agreement of the parties.

 

A. You or we may elect to arbitrate Claims

You and we agree that if we have a Claim against you or you have a Claim against us, either you or we may elect at any time to have such Claim(s) resolved by arbitration as provided below. The party electing arbitration agrees to notify the other party of its election pursuant to applicable rules of arbitration or as otherwise provided by law.

 

B. What is arbitration?

Arbitration is a procedure used to resolve disputes. By participating in arbitration, YOU GIVE UP YOUR RIGHT TO GO TO COURT. In an arbitration proceeding, a professionally trained, neutral, third party arbitrator holds a hearing. The hearing is less formal than a trial in court. Each party has the opportunity to tell his or her side of the dispute. The arbitrator will review each party’s case and make a decision. The decision is binding on the parties.

 

C. What is a “Claim?”

Claims” means any and all claims, disputes or controversies that arise under common law, federal or state statute or regulation, or otherwise, and that we or our servicers or agents have against you or that you have against us, our affiliates, servicers, agents, directors, officers and employees. “Claims” also includes any and all claims that arise out of (i) the validity, scope and/or applicability of this Arbitration Agreement, (ii) your application for a loan, (iii) the loan agreement or any extended payment plan agreement, (iv) any prior agreement between you and us, including any prior loans or extended payment plans we have with you, or (v) our collection of any loan or payment plan. “Claims” also includes all claims asserted as a representative, private attorney general, member of a class or in any other representative capacity (collectively “Representative Claims“), and all counterclaims, cross-claims and third-party claims.

 

D. What rules apply to arbitration?

The arbitration will be governed by the consumer arbitration rules of the Better Business Bureau (“BBB“). Alternatively, you may elect to have the arbitration heard by and under the consumer rules of the Judicial Arbitration and Mediation Service (“JAMS“). Any arbitration hearing, if one is held, will take place at a location near your residence. The arbitration will be conducted by a single arbitrator. The arbitration award will be in writing. Judgment upon the award may be entered by any party in any court having jurisdiction and will be final, binding and non-appealable. All statutes of limitations that are applicable to a Claim will apply to any arbitration between you and us.

 

E. Is class arbitration allowed?

No. If either you or we elect to resolve one or more Claims by arbitration, such Claim(s) will be arbitrated only on an individual basis. There will be no right or authority for any Claims to be arbitrated on a class basis. The arbitrator will not conduct class arbitration and will not allow you to act as a representative, private attorney general, or in any other representative capacity.

 

F. Who pays the costs of arbitration?

We will pay our share of any arbitration fees. If you are unable to pay your share of the costs of arbitration, your arbitration fees may be waived by the BBB or other arbitration service provider you have selected. If your properly submitted request to waive the arbitration fees is denied, or if the arbitration service you have selected does not have a waiver procedure, then we will, at your request, pay your share of the arbitration fees. You and we each agree to pay our own expenses for attorneys’ fees, experts, and witnesses, unless applicable law gives you or us the right to recover any of those expenses from the other.

 

G. What law applies?

Since this Arbitration Agreement is made pursuant to a transaction involving interstate commerce, it will be governed by the Federal Arbitration Act. If for any reason an arbitrator or a court of competent jurisdiction finds that the FAA does not apply or that any provision in this Arbitration Agreement is unenforceable, then this Arbitration Agreement will be governed by the arbitration laws of the state under which this loan is made, as may be amended from time to time.

 

H. Other Arbitration Terms

This Arbitration Agreement is an independent agreement. It will survive the closing and repayment of your loan, and it will be binding upon us, our successors, and assigns, and upon you and your heirs and assigns. The validity, effect, and enforceability of the prohibition against class actions and class arbitration will be determined solely by a court of competent jurisdiction. All other matters will be decided by the arbitrator. If a Representative Claim is asserted and a court refuses to enforce the prohibition on class arbitration, then every portion of the Arbitration Agreement will be null and void, and neither you nor we will be required to arbitrate the Representative Claim.

 

I. CLASS ACTION WAIVER

BY USING THE WWW.CREDITNINJA.COM WEBSITE, YOU AGREE THAT YOU ARE WAIVING ANY RIGHT YOU MAY HAVE TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION OR CLASS ARBITRATION PROCEEDING AGAINST US OR RELATED THIRD PARTIES.

 

 

 

V. Other Terms and Conditions

A. Site Security

By using the Site, you agree to avoid attempting or taking any action listed below.

 

      • Access data that is not intended for you.

      • Reverse engineer the Site.

      • Invade the privacy of, steal the identity of, or obtain NPI about any other user.

      • Probe or scan the Site for vulnerabilities.

      • Create vulnerabilities through email phishing, tailgating (i.e., evading security measures at a building access points), USB drive baiting, or other social-engineering tactics.

      • Breach our security or authentication measures without proper authorization.

      • Interfere with the Services we provide to another user.

      • Disrupt the Site with any antagonistic device or practice, including introducing a virus, overloading, flooding, spamming, mail bombing, or crashing.

      • Use robots, spiders, intelligent agents, or software tools to search or navigate the Site by automated means not generally available through third-party internet browsers such as Google Chrome, Microsoft Internet Explorer, Microsoft Edge, Apple Safari, or Mozilla Firefox

      •  

We use industry-standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your NPI. However, it is your responsibility to protect the security of your Account Credentials and Device. Additionally, please note that the e-mails and other communications you send to us through the Site are not encrypted.

 

B. Cookies

Cookie” means the small data files transferred by a website to your computer’s hard drive. Cookies are typically classified as either “session” cookies or “persistent” cookies. Session cookies do not stay on your computer after you close your browser. Persistent cookies remain on your computer until you delete them or until they expire. Generally, web browsers automatically accept cookies by default. But you can usually stop or limit cookie acceptance by adjusting the preferences on your browser. In some instances, stopping or limiting cookies may render some site features unavailable or prevent the site from displaying properly.

 

We and our service providers send and receive cookies when you use the Site or other sites that are “powered by” a third party on our behalf or that display our advertisements (“Cookie Sites“). Cookie Sites use cookies when you register an account, make purchases, request information, or personalize site settings.

 

If you accept the cookies used on a Cookie Site, then you authorize the Cookie Site operator to use information about you or your browsing preferences to personalize your browsing experience or customize your product offers. You can stop or limit cookie acceptance on a Cookie Site by adjusting the preferences on your browser. This action will typically not prevent you from fully navigating the Cookie Cite.

 

C. Mobile Application

If you access your Account using an application on your Device (a “Mobile App“), then your use of that Mobile App is subject to the terms and conditions imposed by the persons listed below.

      • The Mobile App developer, whether that developer is us or a third party.

      • The third party that provides the platform for downloading and updating the Mobile App (the “Mobile App Venue“).

It is your responsibility to review a Mobile App Venue’s terms and conditions and to determine what usage rules apply to your use of a Mobile App (the “Usage Rules“). These Usage Rules may depend on the Mobile App Venue, your Device, and your method for downloading the Mobile App.

 

The Account features available from a Mobile App (“Mobile App Services“) may be more limited than the Account features available when you access your Account from your personal computer. Additionally, we make no representation or warranty that any Mobile App will compatible with any specific mobile Device or operating system or with any hardware, software, or equipment installed or used on your mobile Device. For example, the Mobile App that we are currently developing will be supported by only iTunes and Google Play; other Mobile App Venues will not be supported.

 

When you download or use a Mobile App on your Device, you are responsible for the fees your carrier charges for your use of its wireless network. The functionality of a Mobile App will depend on the connection and speed of the wireless network. During a time of poor connection or speed, a financial transaction you attempt to conduct from a Mobile App may be affected. Please contact our Customer Support Group to verify whether an attempted transaction has been completed.

 

You acknowledge and agree that we and our affiliates, agents, and assignees are not liable to you for any financial or other loss you may sustain by failing to complete a financial transaction with us on a Mobile App, whether that failure was caused by compatibility or inoperability problems, wireless network outages, or some other issue.

 

Finally, although your use of a Mobile App is subject to the Usage Rules, your use of the Account will continue to be subject to the Terms of Use. The Terms of Use govern your use of the Account no matter how you access the Account, whether from a Mobile App or from a personal computer.

 

D. User-Generated Content

By using the Site and submitting, uploading, or posting any comments, ideas, suggestions, information, files, images, or other materials to us or the Site, or by submitting any materials through third party services such as by tagging us on a social media site (collectively “User-Generated Content“), you represent and warrant that you own the User-Generated Content or possess the necessary rights and licenses to use the content. Additionally, you grant to us a royalty-free, irrevocable, unlimited, and fully transferable right and license to use the User-Generated Content – including your name, persona, or likeness – without compensating you or incurring any other obligation to you. We take no responsibility and assume no liability for any User-Generated Content, including any loss or damage that may result from the content being transmitted to or made available on the Site.

 

By using the Site and submitting User-Generated Content, you agree to avoid posting, uploading, transmitting, distributing, storing, creating, or publishing any of the User-Generated Content listed below.

 

      • Content that is defamatory, libelous, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise reasonably objectionable.

      • Content that is illegal or unlawful, that constitutes, encourages, or provides instructions for a criminal offense, or that otherwise violates or creates liability under a criminal law.

      • Content that infringes on or violates any patent, trademark, trade secret, copyright, or other intellectual property right of another person.

      • Content that espouses a political or religious opinion if that opinion denigrates a class of people or a differing view or belief.

      • Content that depicts an opinion, statement, or claim as reflecting your honest view or actual experience if that depiction is false.

      • Content that attempts to deceive or trick a user of the Site or the Services.

      • Content that contains non-public personal information of another person, including the person’s residential address, home or mobile phone number, personal email addresses, social security number, or credit card number.

      • Content that constitutes an unsolicited commercial message (i.e., spam), multi-level marketing invitation, or chain message.

      • Content that transmits corrupted data, destructive code, or software designed to automate the functionality of the Site or Services without our authorization.

      • Content that, in our judgment as the owner and operator of the Site, violates the Terms of Use.

 

E. Disclaimer of Warranty

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.

 

F. Additional Disclaimers

WE DO NOT WARRANT THAT ANY CONTENT ON THE SITE, OR ANY DOCUMENT OR FEATURE OF THE SITE, WILL BE ERROR-FREE OR UNINTERRUPTED. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.

 

THE CONTENT IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT THAT THE FILES, DOCUMENTS, OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES.

 

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. WE DO NOT VERIFY THE ACCURACY OF ANY FINANCIAL INFORMATION PROVIDED TO US BY THIRD PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND FOR ANY LINKED SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICES OR FROM YOUR DOWNLOAD OF MATERIALS OR CONTENT FROM THE SITE. IF A JURISDICTION PROHIBITS THE ENFORCEMENT OF ALL THE WARRANTY DISCLAIMERS CONTAINED IN THE TERMS OF USE, THEN THE REMAINING WARRANTY DISCLAIMERS SHALL BE FULLY ENFORCEABLE TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

G. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS SHALL BE NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR YOUR INABILITY TO ACCESS THE SITE – EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A SIGNED WRITING, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SITE OR ITS CONTENT – WHETHER IN CONTRACT, TORT, OR OTHERWISE – SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS WITH RESPECT TO THE INCIDENT GIVING RISE THE CAUSE OF ACTION. THE FOREGOING LIMITATION APPLIES TO THE EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

H. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, directors, officers, employees, agents, contractors, successors, or assigns from and against all third party claims, damages, and expenses, including reasonable attorneys’ fees, arising from or relating to your breach of the Terms of Use. We reserve the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such third-party action or claim.

 

I. Waiver, Severability, and Integration

We do not waive any right or provision under the Terms of Use if we fail to exercise that right or enforce that provision in one or more past instances.

 

If any provision of the Terms of Use is held to be unenforceable by an arbitrator or a court of competent jurisdiction, then remaining provisions of the Terms of Use shall not be affected and shall be fully enforceable.

 

Except as expressly stated in the Terms of Use, the Terms of Use constitute the entire agreement between you and us concerning your use of the Site. Any other written or oral agreements or understandings previously existing between you and us concerning such use are hereby superseded and cancelled.

 

J. Intellectual Property

CreditNinja® is a registered trademark of KMD Partners, LLC. Without our prior written consent, you may not copy, reproduce, publish, or otherwise use, in whole or in part, any materials, downloads, trademarks, copyrights, graphics, designs, logos, or text (collectively “Content“) from the Site. You may not frame the Content, utilize framing techniques to enclose the Content, or deep link to the Content.

 

Your license to use the Site includes only personal use, not commercial use. You agree that you will not remove or alter our registered trademark or modify any of the pages or downloaded materials from the Site, other than as needed to use our Services as a consumer.

 

K. Copyright Infringement

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the federal Digital Millennium Copyright Act (“DMCA“). This section describes our notice and takedown procedures, listing the information that should be contained in any copyright infringement notice sent to us and identifying our designated agent for receipt of such notice.

 

1. Infringement Notice

If you believe that the Site copies or reproduces your work in a way that constitutes copyright infringement, or if you believe that your intellectual property rights have been otherwise violated, please provide our designated agent a written notice containing the information listed below.

        • Identification of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

        • Identification of the material or activity that you claim is infringing on your copyrighted work or that you believe we should take down or disable, together with information reasonably sufficient for us to locate the allegedly infringing material or activity.

        • Information reasonably sufficient for us to contact you or other complaining party, such as an address, telephone number, or email address.

        • The following statement: “I have 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.”

        • The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

        • A physical or electronic signature of the person or entity owning the exclusive right that has been allegedly infringed or of a person authorized to act on behalf of such owner

2. Designated Agent

Deliver any written infringement notice to the designated agent listed below.

 

CreditNinja
Attn: Stephen J Schaller, General Counsel
222 South Riverside Plaza, Ste 2200
Chicago, Illinois 60606
[email protected]