Terms and Conditions

Terms and Conditions

You are visiting the Emergency Funds Access website owned and operated by Emergency Funds Access. Emergency Funds Access offers this Website to You (hereafter “You”) conditioned upon Your acceptance of all terms, conditions, policies and notices stated herein. These Terms and Conditions (hereafter “Terms”) applies to Emergency Funds Access, LLC and all websites owned and operated by Emergency Funds Access, LLC on which these Terms are displayed (referred hereafter as “Website(s)” or “Site(s)”, whether individually or collectively) as and shall be enforceable by Emergency Funds Access, LLC as well as its Network Partners, Marketing Partners and affiliates. You acknowledge that Emergency Funds Access’ Network Partners, Marketing Partners, Marketing Service Providers, and affiliates shall be considered third-party beneficiaries to all rights and benefits outline within these Terms and Conditions as we as the Privacy Policy and any claim or defense applicable to Emergency Funds Access shall similarly be available to Emergency Funds Access’ Network Partners, Marketing Partners, Marketing Service Providers, and affiliates.

These Terms also apply to Your use of any goods, facilities or services offered through the Websites (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Websites, You acknowledge that You understand, accept, and agree (i) to be bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference, as posted on the date of Your access, browsing, or use of the Websites; (ii) to the fullest extent required by the law of any state, that You have been provided with, have received, and are agreeing to all disclosure and consent requirements; and (iii) that You are of legal age and not prohibited by any law from accessing or using the goods and Services offered herein.

Certain Services may include additional terms; by agreeing to proceed with any such Services, You acknowledge that You have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service. You agree that the Service may include certain communications from Emergency Funds Access, LLC and its Marketing Partners to You via email or SMS, such as service announcements, marketing messages and administrative messages, and that these communications are considered part of the membership of Emergency Funds Access, LLC. Unless explicitly stated otherwise, any new features that amplify or enhance the current Service shall be subject to the Terms. By enrolling in the Service, You are agreeing to become a member of the Service and acknowledge the following Terms. Furthermore, You are providing consent to receive recurring SMS text messages on Your mobile phone for marketing purposes.

BY USING THE SERVICE, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO APPRISE YOURSELF OF JUDICIAL PROCESS FOR ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES AGAINST Emergency Funds Access, LLC., ITS MARKETING SERVICE PROVIDERS, NETWORK PARTNERS, MARKETING PARTNERS AND ITS AFFILIATES YOU MAY HAVE TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. THIS INCLUDES AGREEING TO RESOLVE ANY TELEPHONE CONSUMER PROTECTION ACT (TCPA) AND/OR DO-NOT-CALL (DNC) CLAIMS BY BINDING ARBITRATION.

Description of Products & Service

Unless explicitly stated otherwise, any new features that amplify or enhance the current Service shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS”. You are responsible for obtaining access to the Service and that access may involve other fees not paid to Emergency Funds Access (such as Internet service provider or airtime charges). You are responsible for those fees. You must provide and are responsible for all equipment necessary to access the Service.

By enrolling in the Service on our Website, You are agreeing to become a member of Emergency Funds Access, LLC Service and acknowledge the following Terms. Furthermore, You are providing consent to receive SMS text messages on Your mobile phone for marketing purposes from Emergency Funds Access as well as its affiliates and Marketing Partners. Please be aware that subscribing implies that You will receive recurring messages.

Opting-In/Opting-Out

Emergency Funds Access, LLC may advertise the opportunity to participate in the Service and receive alerts and information via SMS text message from Emergency Funds Access. By completing opt-in to the Service, You are providing Your E-SIGN signature and express written consent to Emergency Funds Access, LLC, its Marketing Partners, and parties calling on their behalf to individually contact You at the number provided at opt-in for non-marketing and marketing purposes via the use of automated, manual, prerecorded, or AI technology, until consent is revoked. These messages can be recurring or one time. You acknowledge that You have the right to withdraw consent at any time. You may opt-out at any time by messaging STOP.

Opting in to receive marketing SMS text messages is not required to purchase any products or services from Emergency Funds Access, LLC. You may proceed without opting-in to receive said messages by sending an email request to [email protected]. By providing Your mobile phone number at opt-in and clicking “I Consent”), You agree that You are the subscriber to the relevant phone number given to Emergency Funds Access, its affiliates and Marketing Partners at opt-in, or that You are the customary user of that number on a family or business plan and that You are authorized to opt-in. You also consent to the use of an electronic record to document Your opt-in.

Fees

Participation in the Service does not involve any fees. However, standard message and data rates might apply as per Your wireless carrier’s policies. Please consult Your wireless carrier to understand the applicable text messaging fees that apply. Your carrier’s standard messaging rates apply to Your entry or submission message, our confirmation and all other subsequent SMS correspondence.

Your carrier may impose message or charge limitations on Your account that are outside of our control. All charges are billed and payable to Your mobile service provider. Please note that We will not assume responsibility for any fees levied by Your wireless carrier for using the Service. You are solely responsible for any such fees.

Modification

Modification to Terms. We reserve the right, in Our sole discretion, to change, modify, or replace these Terms at any time with or without notice for any reason or no reason at all by posting revised terms on this Website. You should visit this page periodically to review any changes. Your continued use of this Website after any such changes have been made constitutes Your acceptance of the revised Terms. If You do not agree to the new terms, in whole or in part, you must stop using the Website and the Service.

Modification to Service. We reserve the right, in Our sole discretion, to at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice for any reason at all. If a modification affects SMS subscriptions, scheduled campaigns, or billing, We may make a reasonable effort to notify users in advance via SMS, email, or a notice on the Website, except where modifications are required immediately due to carrier restrictions, legal compliance, or security concerns.

You acknowledge that mobile carriers and regulatory bodies may impose changes or limitations that affect SMS functionality, delivery rates, or marketing capabilities. Such modifications may be beyond Our control, and We shall not be liable for any impact on messaging performance.

Eligibility

The Services offered on this Website are not available to persons under the age of 18 or to persons who are not legal residents of the United States. By using this Website, apply for or using any of its Services, You represent and warrant that You are at least 18 years of age and are a legal resident of the United States. Not all Services are available in all geographic areas. Your eligibility for particular Services is subject to final determination by Emergency Funds Access, LLC, its affiliates, and/or its lending partners.

Termination

You agree that We reserve the right, at Our sole discretion, to terminate Your account and access to the Service, for any reason or no reason at all, at any time without notice and without future obligation. Termination of Your account includes, without limitation, (i) deletion of Your access to Your account (or any part thereof); and (ii) barring further use of the Service. You agree that all terminations shall be made at Our absolute discretion and that We shall not be liable to You for any termination of Your account or access to the Service.

While no cause is necessary for Us to terminate Your account, possible reasons for such termination shall include, without limitation: (i) breaches or violations of these T&C’s, other incorporated agreements, consents or guidelines including but not limited to the Privacy Policy provided within the Website; (ii) requests by law enforcement or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Service (or any part thereof); (v) unexpected technical or security issues or problems; and/or (vi) You have engaged in fraudulent or illegal activities.

Authorization to Obtain a Credit Report and Credit Score.

You understand and agree that by submitting Your loan request, You are providing written instruction under the Fair Credit Reporting Act authorizing Us and/or the lenders with whom Your request is shared to obtain Your consumer credit report, credit score, and/or other information from any consumer reporting agency in order to provide You with quotes and verify Your identity. These lenders may obtain Your credit report, credit score, and other information to make a final decision before extending a loan to You. Additionally, You understand and agree that providers may use third party services to obtain information relating to You and to verify any information that You provide including, without limitation Your social security number, address, phone number, bank account information and employment history.

Services Offered by this Website.

Online Marketplace for Lenders and Other Providers. This Website functions as an online marketplace for You to find third party lenders and other providers that may be of interest to You. By clicking “I Accept” or “Next” any other button indicating Your consent, You are certifying that all of the information You have provided is Your loan request form is true, accurate, and complete. Lenders and non-lenders (hereafter “Network Partners”) that participate in our network may use specific criteria, or filters, to identify the consumers with whom they would like to connect with. The Network Partners also specify the prices they will pay us for the opportunity to present an offer to a consumer that meets the Network Partner’s criteria.

When You submit Your loan request, Emergency Funds Access, LLC transmits the information You entered in the loan request form through our network in real time, presenting the information to Network Partners electronically until one Network Partner, often the highest bidding, accepts Your loan request. You will then be directed to that Network Partner’s website where they may present You an offer for a loan or other products that may be of interest to You. If no Network Partner accepts Your loan request, we may present You with an offer to submit another loan request or an offer for a different product. We also may share Your contact information with third-party marketers and service providers that may contact You by email or text message/SMS (please note data and messaging rates may apply) to offer You loans or other products that may be of interest to You.

Advertiser Disclosure. This Website provides its services to You free of charge but may receive payment from lenders and non-lenders for referring a lead to them. Your use of this Website’s services constitutes Your agreement with this compensation arrangement. This Website does not endorse or recommend the services or products of any particular Network Partner. You should rely on Your own judgment in deciding which available loan product, terms, lender and/or Network Partner most closely fits Your needs and financial situation. We do not guarantee that the loan terms or rates offered and made available by lenders are the best terms or lowest rates available in the market.

Request for Other Products and Services. Emergency Funds Access, LLC may also allow You to request products or services other than loans that are advertised on this Website based on Your interest. These non-loan related products or services may include debt consolidation or settlement, auto title loans, health insurance products, credit card products and/or any products or services that may be of interest to You. Emergency Funds Access, LLC will not transmit Your information to these non-loan related products or services without first obtaining Your express consent to do so and based on the qualifying questions You answer throughout Your loan request form.

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

Geographic Descriptions

The Service is controlled, operated and administered by “Emergency Funds Access” from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. You agree that You will not use the “Emergency Funds Access” Content accessed through https://emergencyfundsaccess.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Emergency Funds Access, LLC, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

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

When You voluntarily submit Your loan request, You understand and agree that we will share the information provided in the loan request form with lenders, providers, non-lending financial institutions, and third parties (also referred to as “Network Partners”). Network Partners may keep the information provided in Your loan request form, and other information provided to us or received by them in the processing of Your loan request, or other products or services that may be of interest to You. Marketing Partners may retain this information, whether or not You qualify for or take a loan with them, and whether or not You are qualified for the goods or services offered. You agree to notify any particular Marketing Partner directly if You no longer want to receive communications from them. In addition, Emergency Funds Access, LLC and its Marketing Partners may share the information You provide to them with state licensing authorities and government regulators.

Pursuant to contractual relationships between Network Partners and Emergency Funds Access, LLC, Emergency Funds Access, LLC may receive information from the Network Partner regarding the status of Your loan request, but not limited to, the amount or disposition of Your loan. Information specific to the Network Partner You may be connected with will be found in the Network Partner’s specific Privacy Policy. Please note that You are providing Your express written consent for Emergency Funds Access, LLC and the selected Network Partners to share this personally identifiable information for the following purposes: to provide the services and products that You seek, litigation, regulatory request(s), law enforcement requests, internal analytics, and/or for marketing purposes. You agree to use the Emergency Funds Access services for personal, non-commercial purposes. By using the Service, You acknowledge and agree to comply with these usage restrictions.

Consent to Receive Communications via E-mail, Telephone Calls and/or SMS Messaging.

When You submit Your information on our Website and consent to receive communications from us, please note that we may communicate toYou via postal mail, e-mail, telephone calls and/or SMS messaging where You have provided Your express consent to be contacted through those forms of communication. You may receive these communications directly from us, our affiliates or our Marketing Partners through or our e-mail and SMS messaging service providers (hereafter “Marketing Service Providers”) on behalf of , our affiliates or our Marketing Partners. You agree to receive communications from us and our affiliates electronically and that all agreements, notices, disclosures and other communications (hereafter “Disclosures and Communications”) that we can provide to You electronically satisfy any legal requirement that such communications be in writing. Network Partners may also be required by law to provide You with certain Disclosures and Communications. By submitting a loan request on or through this Website, You affirmatively consent and agree to receive all Disclosures and Communications required by law electronically.

Disclosures and Communications may transmit or convey information about action taken on Your request, portions of Your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of Emergency Funds Access, LLC and its Marketing Partners. You have the right to receive any document in non-electronic form and to withdraw Your consent to electronic delivery at any time by contacting Emergency Funds Access, LLC at [email protected]. By submitting Your loan request through this Website, You consent to be contacted by us, our Marketing Service Providers and/or each Marketing Partner that we transmit Your information to, and their affiliates and service providers, by (i) telephone at the numbers You have provided whether landline or cellular, even if Your phone number is on any federal, state, or local Do-Not-Call registry and You agree to receive pre-recorded calls and/or messages made with an automatic dialing system; (ii) by email at the email address You provided or at another address that may be associated with You that we receive from other parties and You agree that any such email will not be considered spam or unauthorized by any local, state, or federal law or regulations; and/or (iii) by SMS/text messaging to the mobile number that You provide, in which case data and message rates may apply. Consent is not required in order to purchase goods and services from Emergency Funds Access, LLC or the Marketing Partners that reach out to You. By submitting a loan request through this Website, You understand and agree that You have established a business relationship between You and Emergency Funds Access, LLC. By submitting Your information on our Website, You give us permission to retain all such provided information and to send SMS messages as well as make live or recorded calls to discuss, provide or remind You of any information in regards to Your submission, including incomplete loan requests, the delivery of loan request offers, deadlines, quality of service or other matters in connection with Your loan request or any other good or service. Additionally, by submitting Your information on this Website, You may also choose to give Your express consent to receive marketing and advertising material from Emergency Funds Access, LLC our Marketing Partners, and third-party advertising partners with whom we may also share Your information. Emergency Funds Access, LLC additionally partners with third-party email marketing providers with whom You may receive Emergency Funds Access, LLC marketing from if You have opted in to receiving such emails from the third-party.

If at any time You do not wish to continue to receive communications from Emergency Funds Access, LLC and its Marketing Service Providers, You may contact Emergency Funds Access, LLC to opt out (i) by sending us an e-mail to [email protected], (ii) mail us at Emergency Funds Access, LLC, 12724 Gran Bay Parkway West Bartram Park, Suite 410, Jacksonville, FL 32258, and/or (iii) text STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL from Your mobile phone number provided at opt in. Standard message and data rates may apply.

Please note that We are not accountable for delayed or undelivered messages. Participating carriers only. If Your mobile operator is not participating, You will not receive a reply to Your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate – check with Your mobile operator.

Privacy

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

In order to set up Your account, You are requested to provide Emergency Funds Access, LLC certain information. We may disclose Your information without prior approval if required to comply with legal obligations, such as a subpoena, court order, or other legal processes. As part of its Service, We collect the phone numbers of prospective members that access information via text message (SMS). By accessing or registering on our Website, You agree that the information You provide is accurate, current, and complete, and that its use is governed by our Privacy Policy. You consent to all actions we take with respect to Your information in accordance with our Privacy Policy.

We implement appropriate technical and organizational measures to protect Your information from unauthorized access, disclosure, alteration, and destruction. You may have the right to access, correct, or delete Your information. If You wish to exercise these rights, please contact us at [email protected].

User Conduct

You acknowledge, consent and agree that Emergency Funds Access, LLC may access, preserve, and disclose Your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the T&C’S; (iii) respond to Your requests for user service; (iv) protect the rights, property, or personal safety of Emergency Funds Access, LLC , its users and the public; or (v) subject to a legally issued subpoena or Court order.

Foreign Users

Emergency Funds Access, LLC makes no representation that materials in this Website are appropriate or available for use in other locations. If You access this Website from outside the United States, please understand that this Website may contain references and/or links to products and services that are not available or are prohibited in Your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Emergency Funds Access, LLC; (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of resident; (iii) under no circumstance shall Emergency Funds Access, LLC be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

Representations and Warranties

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

You expressly understand and agree that: Your use of the service is at Your sole risk. No advice or information, whether oral or written, obtained by You from Emergency Funds Access, LLC or through or from the Service shall create any warranty not expressly stated in the Terms. We do not warrant or represent: (i) the completeness or accuracy of the information published on the Website; (ii) that the material on the Website is up to date; or (iii) that the Website or any other Service on the Website will remain available.

We reserve the right to discontinue or alter any or all of our services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website service, or if we stop publishing the website.

Disclaimers and Liability

THIS WEBSITE DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE.

EMERGENCY FUNDS ACCESS, LLC, ITS CONTRACTORS, MARKETING PARTNERS, AFFILIATES, SUPPLIERS, CONTENT PROVIDERS, SUBSIDIARIES, AND OTHER SIMILAR ENTITIES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE WEBSITE OR ITS CONTENTS; (B) OUR PERFORMANCE OF OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES.

Emergency Funds Access, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY NETWORK PARTNER, MARKETING PARTNER OR AFFILIATES’ ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH NETWORK PARTNER, MARKETING PARTNER OR AFFILIATE MAY PROVIDE, FOR ANY NETWORK PARTNER, MARKETING PARTNER OR AFFILIATES’S CONTACTING OR FAILURE THEREOF TO CONTACT YOU, FOR ANY NETWORK PARTNER, MARKETING PARTNER OR AFFILIATES’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY NETWORK PARTNER, MARKETING PARTNER OR AFFILIATES.

YOU AGREE THAT Emergency Funds Access, LLC ITS MARKETING SERVICE PROVIDERS, AND NETWORK PARTNER, MARKETING PARTNER OR AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Emergency Funds Access, LLC, NETWORK PARTNER, MARKETING PARTNER OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ANY CLAIM TO PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES, INCLUDING DAMAGES INTENDED TO PENALIZE, PUNISH, OR DETER MISCONDUCT, REGARDLESS OF THE NATURE OF THE ALLEGED LOSS OR LEGAL THEORY ASSERTED.

IN PARTICULAR AND WITHOUT LIMITATION, TOTAL LIABILITY OF Emergency Funds Access, LLC FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($10,000.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

Emergency Funds Access You agree to indemnify, defend, and hold harmless Emergency Funds Access, LLC, its officers, agents, employees, Marketing Service Providers, and Network Partners, Marketing Partners and affiliates from and against any and all claims, complaints, demands, or lawsuits, including liabilities, costs, or expenses (including attorney’s fees) and damages made by any party due to or arising in any way from Your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by You of these Terms.

No Resale of Service

Emergency Funds Access, LLC Service is non-transferable. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree to use the Emergency Funds Access, LLC Service for personal, non-commercial purposes. By using the Service, You acknowledge and agree to comply with these usage restrictions.

Errors and Delays

You agree that Emergency Funds Access, LLC is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by You or other technical problems beyond our reasonable control.

Links to Third Party Websites

This Website may contain links to websites maintained by third parties, whose information practices may be different than Ours. Such links are provided for Your convenience and reference only. Visitors should consult such sites’ privacy notices as We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites.

Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When You leave this Website, You agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of Your access to or use of third-party technologies or programs available through that website.

We do not make any representations or warranties as to the security of any information (including, without limitation personal information) You might be requested to provide. We cannot ensure that You will be satisfied with any products or services that You access from a site that links to or from the Website, since these sites are owned and operated independently. We are not responsible for the content of linked sites and does not make any representations regarding the content or accuracy of materials on such sites.

We have not taken any steps to confirm the accuracy or reliability of any of the information contained in such sites and strongly encourage You to make whatever investigation You feel necessary or appropriate before proceeding with any online or off-line transaction with any of these sites. If You decide to access linked sites, You do so at Your own risk.

Notice to Claim

For all disputes You may have, whether pursued in court or arbitration, You must first give Emergency Funds Access, LLC an opportunity to resolve the dispute by providing written notification to and via postal mail to Emergency Funds Access, LLC, 12724 Gran Bay Parkway West Bartram Park, Suite 410, Jacksonville, FL 32258. In Your written notification, include (i) Your name, (ii) Your address, (iii) a written description of Your claim, (v) Your telephone number, and (v) a description of the specific relief You seek. If Emergency Funds Access, LLC does not resolve the dispute within 30 days after it receives Your notification, You may pursue Your dispute as set forth below.

Release and Discharge

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

Dispute Resolution and Binding Arbitration.

Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. EACH PARTY WAIVES JOINING OR CONSOLIDATE CLAIMS IN BINDING ARBITRATION BY OR AGAINST THE OTHER PARTY OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

All disputes shall be subject to binding arbitration including, but in no way limited to: (i) tort claims; (ii) counterclaims; (iii) claims brought as class actions; (iv) claims arising from documents, SMS text messages, or emails executed or sent in the past or future; (v) disputes as to whether a matter is subject to arbitration; (vi) claims brought pursuant to the TCPA or DNC (v) or claims concerning any aspect of the past, present or future relationships arising out of or connected with Your interactions with Emergency Funds Access, LLC, ITS MARKETING SERVICE PROVIDERS, NETWORK PARTNERS, MARKETING PARTNERS AND ITS AFFILIATES .

Arbitration shall be conducted under and governed by the American Arbitration Association (AAA) Consumer Arbitration Rules (the “Arbitration Rules”) of the American Arbitration Association (the “AAA”) and the Federal Arbitration Act. All arbitration hearings shall be conducted in Palm Beach County, Florida. Expedited procedures of the Arbitration Rules shall be applicable to claims of less than $100,000. A judgment upon the award may be entered in any court having jurisdiction.

Notwithstanding anything foregoing to the contrary, any arbitration proceeding demanded hereunder shall begin within ninety (90) days after such demand thereof and shall be concluded within one hundred twenty (120) days after such demand. These time limitations may not be extended unless mutually agreed by the parties except where a party hereto shows cause for extension and then such extension shall not exceed a total of sixty (60) days. The defending party shall be entitled to recover attorney’s fees if the arbitrator finds a lack of good faith basis in claimant’s claim

Waiver of Class Action Lawsuits:

If, AND ONLY IF, A COURT OF COMPETENT JURISDICTION FINDS THE ARBITRATION CLAUSE PROVIDED ABOVE ARE UNENFORCEABLE AND THAT YOUR CLAIM MAY PROCEED VIA JUDICIAL PROCESS, THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS ACTION, EXCEPT WHERE SUCH CLASS WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEY’S FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, OTHER INCORPORATED AGREEMENTS, CONSENTS OR GUIDELINES INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY PROVIDED WITHIN THE EMERGENCY FUNDS ACCESS, LLC’S WEBSITE); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

Governing Venue if “Arbitration” or “Waiver of Class Action Lawsuits” Provisions Unenforceable

If, and only if, a court of competent jurisdiction finds that the “Arbitration” clause and “Waiver of Class Action Lawsuits” clause provided above are unenforceable and that Your claim may proceed via judicial process, You hereby irrevocably agree to exclusively submit to the jurisdiction of any state court sitting in Mississippi for purposes of all legal proceedings arising out of or relating to this Agreement. Each party hereby irrevocably waives any right to file or remove to federal court any action or proceeding arising out of any dispute, claim or controversy, connected with or relating to Your interactions with Emergency Funds Access, LLC (“Disputes”). Each Party irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue of any such proceedings brought in a state court in Mississippi, and any claim that any such proceedings brought in a state court in Mississippi have been brought in an inconvenient forum. These waivers are to the fullest extent permitted by law.

DMCA Notice

Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if You believe that anything on this Website or service offered herein infringes any copyright that You own or control, You may file notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at Emergency Funds Access, LLC, 12724 Gran Bay Parkway West Bartram Park, Suite 410, Jacksonville, FL 32258. or [email protected]. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, Your letter, with Your personal information redacted, may be forwarded to the Chilling Effects Clearinghouse for publication.

California Consumer Notice

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

General Information

Entire Agreement.

These Terms and Emergency Funds Access, LLC’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent and constitutes the entire agreement between You and Emergency Funds Access, LLC with respect to subject matter herein, governs Your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Emergency Funds Access, LLC with respect to the Website.

Waiver and Severability of Terms.

The failure of Emergency Funds Access, LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a Court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the Court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

No Right of Survivorship and Non-Transferability.

You agree that Your Emergency Funds Access, LLC account is non-transferable and any rights to Emergency Funds Access or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.

Statute of Limitations.

You agree that any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred unless specifically barred by applicable law, in which case you agree to the shortest period allowed by applicable law.

Miscellaneous

The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, shall not limit or otherwise affect in any way the meaning or interpretation of these Terms, and have no legal or contractual effect. If You have questions, comments, concerns or feedback regarding these Terms or our Services, please contact us at [email protected].

IMPORTANT ACKNOWLEDGMENT – PLEASE READ!

The following statement provides information about Loans, APR, and Loan Payment Terms. Please read it carefully.

ARE THERE ANY FEES?

“Emergency Funds Access” services will always be provided free of charge, but that is not to say that the lender will give You a loan for free. Your lender will charge You fees and/or interest and must provide You with full disclosure of their loan terms upon approval. Always read through the terms before signing Your loan agreement.

WHAT IF I NEED TO MAKE A LATE PAYMENT?

Late Payment penalties differ from lender to lender. Lenders may be forgiving if You contact them directly, though some may automatically add a fee if it is in their agreement. For more information, please contact the lender directly if You have any issues repaying Your loan.

WHEN DO I REPAY THE LOAN?

Loan repayment terms differ by lender. Thus, it is important to check the loan agreement from Your lender for information on the lender’s repayment terms.

IMPORTANT CUSTOMER INFORMATION

Personal loans differ from other types of loans, such as home mortgages or automobile loans. Specifically, personal loans allow You to spend Your money in a number of different ways, whether it’s to help pay off medical expenses, make home improvements, repairs to Your vehicle or consolidate Your debts. A personal loan is paid back to the lender over a set period of time.

WHAT IS A PERSONAL LOAN FOR?

People get personal loans to help with home repairs, unexpected expenses, holiday shopping, and more. A loan from one of our lenders can help You get the funds You need! Just fill out our Online Form.

APR INFORMATION

Annual Percentage Rate (APR) is a measure of the cost of credit, expressed as a nominal yearly rate. It relates to the amount and timing of value received by the consumer to the amount and timing of payments made. “Emergency Funds Access” cannot guarantee any APR since we are not a lender ourselves. In most cases, an APR can generally run between 5.99% and 35.99% for qualified borrowers. Loan products often have minimum repayment term and a maximum repayment term. Before accepting a loan from a lender within our network, please read the loan agreement carefully as the APR and repayment terms may differ from what is listed on this site. In addition, You may be connected with a tribal lender in accordance with our Tribal Lender Disclosure.”

Tribal Lender Disclosure. When You submit a loan request on this Website, You may be connected to a tribal lender or marketplace lender. Tribal lenders may claim exemptions from state licensing and usury caps, based on tribal immunity or bank preemption. Please note that the rates and fees offered by these lenders may be higher than those offered by state-licensed lenders. In addition, with tribal lenders, You may be required to agree to resolve any disputes in a tribal jurisdiction. You are urged to read and understand the terms of any loan offered by any lender, regardless of its lending model, and to reject any particular loan offer that You cannot afford to repay or that include terms that are not acceptable to You. By submitting Your loan request, You agree that You have read and understand this above statement.