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Terms and Conditions

Last updated 24 April 2017

These Terms and Conditions are applicable to you when using the Peak Financial ® website (hereinafter "Service") or loan connection service (hereinafter "Service").

Terms & Conditions and Terms of Use

When using this Service, you agree to be bound by the terms and conditions below. Please read these carefully. If you do not agree to these terms and conditions, please do not access or use this Service. This Service is operated by Peak Financial ®.

Services and Products on offer

You understand and agree that Peak Financial ® is not a lender and is not the creditor for or issuer of the products featured on this Service. Additional services or products shown on this Service after you have received a loan are offered by and remain the sole responsibility of the respective product vendors and service providers.

Credit Authorization

You acknowledge, agree, and authorize that (a) Peak Financial ® will obtain consumer and related information about you from one or more consumer reporting agencies for the purposes of connecting you with lenders and/or service providers, (b) your information may be sent to lenders and/or service providers on your behalf, (c) your information may be used in order to make sure you are who you say you are, and to determine how much debt you currently have in order to determine your debt-to-income ratio, (d) such lenders and/or service providers may obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian and Equifax, (e) and your information may be used by lenders and/or service providers to make prequalification and other credit decisions.

Security

Every endeavor is made to protect your personal information however, we cannot guarantee that personal information will not be intercepted or decrypted by others. We accept no responsibility for such interception or decryption.

Cookies

This Service utilizes "cookies" and web server logs to collect information regarding the usage of this Service. This may include the date and time of visits, the pages viewed, time spent at our Service, and the website visited just prior and just following our website. None of this information is associated with you as an individual. "Cookies" are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies are small pieces of data that are stored by a user's web browser on the user's hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that website by the same user or to use the information to streamline the user's transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

Service Use

This Service is a free service to you. We may receive compensation from Suppliers for goods, facilities and services that we may provide to them under separate contact. Such goods, facilities or services may or may not relate in any way to your use of our Service. You agree to any such compensation arrangement whether or not related in any way to your use of our Service.

Limitation of Liabilities and Warranties

THIS SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". Peak Financial ® DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Peak Financial ® MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS SERVICE AND/OR Peak Financial ® SERVICES IS AT YOUR OWN RISK. Peak Financial ® AND/OR ITS PARTICIPATING LENDERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE AND/OR Peak Financial ® SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Peak Financial ® OR ITS PARTICIPATING LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Peak Financial ®, ITS PARTICIPATING LENDERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

As a condition of your use of this Service, you agree to indemnify Peak Financial ® and any company that provides services in the operation of this Service, from and against any and all damages, liabilities, losses, costs or expenses (including attorneys' fees) arising out of, relating to or resulting from your use or attempted use of this Service.

SMS Marketing

You understand and agree that by voluntarily opting-in to mobile marketing and submitting Your information on this Service to register for the Company's services that You authorize and willingly request the Company, other interested third parties and affiliates, to send SMS Messages to Your mobile device. You further understand and expressly agree that based on Your individual carrier and plan, SMS Message and data rates may apply, and that You are solely responsible for such charges. You further understand and agree that by expressly authorizing and willingly requesting the Company other interested third parties and affiliates to send you SMS Messages, you thereby waive your right to file a claim with the FTC, FCC, or any other federal or state agency with regard to such contact. You warrant to Company that You are a minimum of eighteen (18) years of age and that You own or are authorized to use the mobile device to which such SMS Messages may be sent, and that You are authorized to approve any applicable charges. You expressly authorize the Company, other interested third parties and affiliates to send SMS Messages to Your mobile device even if your contact information is listed on a corporate, state, or federal Do-Not-Contact registry. You understand and agree that You must follow the opt-out procedures indicated in a given SMS Message if You choose to no longer receive SMS Messages from that individual sender. All requests to unsubscribe from receipt of SMS Messages from Company are added to Company's Do-Not-Contact list within ten (10) days of receipt. If You unsubscribe from receipt of SMS Messages from the Company, You may continue to receive SMS Messages from third parties with which You have already subscribed. Requests to unsubscribe from receipt of SMS Messages from third parties must be communicated directly to such third parties. Notwithstanding the foregoing, You understand and expressly authorize Company, its affiliates, and other interested third parties to again send You SMS Messages should You resubmit Your information on this Service to register for Company's services.

Peak Financial ® has partnered with 3rd party marketing partners to provide the following SMS Alert Programs. You will be given the opportunity to opt-in to one of these SMS Alert Programs, so please review the appropriate SMS program terms before voluntarily opting-in.

DV Marketing Inc. SMS Alerts & Reminders SMS Terms & Conditions

Upon opt-in, users will receive recurring monthly messages from the following short codes: 68753 & 23329

Message Frequency Varies, maximum 9 messages per month. Message and data rates may apply

To opt out at any time, reply to the text with the word STOP. For help, reply to the text with the word HELP.

For additional support: info@eloanconnect.com

Messages may be delayed or undelivered for various factors. Mobile carriers are not liable for delayed or undelivered messages.

Ad Heavens SMS Alerts & Reminders SMS Terms & Conditions

Message Frequency Varies, maximum 9 messages per month. Message and data rates may apply

To opt out at any time, reply to the text with the word STOP. For help, reply to the text with the word HELP.

Messages may be delayed or undelivered for various factors. Client, carriers and any service providers utilized by Client to send messages are not liable for delayed or undelivered messages.

For additional support: support@adheavens.com

Disputes and Resolution

If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable.

Opt-Out of Arbitration/Class Action Waiver. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first register on this service.

YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.