Please read these terms carefully. If you do not agree to them you must not use the Site or Service.
IMPORTANT: If you submit an application for a loan request that requires a credit check in order for funding to be accomplished, you are providing written consent under the Fair Credit Reporting Act for Simple Cash and its lenders with whom you are matched to obtain consumer report information from your credit profile or other information from our contracted Credit Bureau. You understand and agree that you are applying for credit, and are consenting to the use of your consumer report information by Simple Cash and its lenders to conduct anti-fraud security checks and evaluate your application for credit. You understand that your application may be matched with multiple lenders, each of whom may obtain consumer report information from your credit profile.
- Disclaimer of Warranties
THIS SITE IS PROVIDED BY TRUSTCARTITLELOANS.COM “AS IS.” TRUSTCARTITLELOANS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRUSTCARTITLELOANS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT TRUSTCARTITLELOANS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM TRUSTCARTITLELOANS.COM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- Your use of TRUSTCARTITLELOANS.COM service:
These Terms of Service are a legally binding contract; in order to use our Service you must be legally capable of entering into this contract.
You may use the Service only if you can form a binding contract with TrustCarTitleLoans.com. Any use or access to the Service by anyone under the age of majority in the State in which they reside is strictly prohibited and in violation of this Agreement. You must act in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are prohibited from using the Service if you have previously been removed from the Service by TrustCarTitleLoans.com.
Modification If there are changes to this Agreement, the date the changes are made will be posted at the top of the page and the posting date is the Effective Date of the revised Agreement.
The revised version will be effective at the time we post it. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
Collect and Transmit Information In order for us to provide the Service to you, when you provide us your information, we will share that information with potential lenders.
Your use of the Service and the features may require the collection and transmission of your personal information in order to provide you with the functionality of the Service. You authorize TrustCarTitle Loans.com to transmit your information to potential lenders in order to provide you with features such as personalized prequalified rates, quotes and offers from potential lenders.
Professional Advice We are not providing you any advice or recommendations about any specific Lender or service.
We encourage you to seek advice from a financial professional or other professional who may have more information about your specific financial needs and circumstances.
Nothing provided on the Site or through the Service should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, tax, or legal recommendations or advice or other professional advice). We are not liable to you for any advice provided to you by Potential lenders or other third parties you may link to from our Site. We encourage you to consult a financial service provider, tax or legal professional to help you make any decisions associated with the use of the Service or the products and services provided by Potential Lenders.
- Your Consent to Receive Telemarketing Calls and SMS Messages
By using our Service you agree to receive calls and SMS messages from us and our third-party lenders, including telemarketing calls, auto-dialed calls and texts and pre-recorded voice messages; you have the option to opt-out (but if you opt-out you may miss out on products, services, promotions, etc.)
Your mobile service provider may charge you for calls/messaging according to your plan and TrustCarTitlelLoans.com and/or third-party lenders are not responsible for those charges.
The calls you make to us and the calls we make to you may be monitored and/or recorded.
Your contact information will be shared with Potential Lenders who will need to contact you to complete the transaction you commenced.
You represent and warrant that you are the owner and/or primary user of any phone number you provide to us.
You agree to indemnify, defend and hold us and our third-party lenders harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to provide your accurate contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.
- Your Consent to Electronic Communication (E-Sign Consent)
Since we are an Internet-based company, in order to use our Service you must agree to receive all important information from us and our third-party lenders electronically (by us posting it on our Site or us or our third-party lenders sending you an e-mail), instead of receiving paper copies in the mail.
The information in this section lets you know what technology you need to be able to view, save and/or print the Communications we send you, and that by using the Service you are agreeing that you have these technological capabilities. This section also lets you know that you must keep your contact information up-to-date.
You also have the right to opt-out of receiving Communications from us and our Providers electronically, but if you do you may not be able to use our Service.
Option for Paper or Non-Electronic Records. You may request any Disclosures in paper copy by contacting the third-party lender directly. The lenders will provide paper copies at no charge. The lenders will retain all Disclosures as applicable law requires.
Scope of Consent. This E-Consent applies to all interactions online concerning you and the third-party lender and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, the third-party lender may process your information and interact during all online interactions with you electronically. The lender may also send you notices electronically related to its interactions and transactions. Disclosures may be provided online at our or third-party lenders’ websites, and may be provided by e-mail.
Consenting to Do Business Electronically. Before you decide to do business electronically with the third-party lenders, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements directly to the third-party lenders.
Withdrawing Consent. Your E-Consent for our matching service and for our third-party lenders’ consideration of your matching request cannot be withdrawn because it is a one-time transaction. If you are matched with one or more third party lenders, you are free to withdraw your E-Consent with those third-party lenders at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining credit from the lender. Contact the third-party lender directly if you wish to withdraw this E-consent. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.
Change to Your Contact Information. You should keep third party lenders informed of any change in your electronic address or mailing address. You may update such information by logging into the third-party lender’s website or by sending the lender a written update by mail.
YOUR ABILITY TO ACCESS DISCLOSURES. BY SUBMITTING YOUR REQUEST, YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.
CONSENT. BY SUBMITTING YOUR REQUEST: (1) YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY; (2) YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH A MATCHED LENDER ELECTRONICALLY; (3) YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY
You agree that you will be personally liable for your use of the Service. You agree to defend, indemnify and hold harmless Trust Car Title Loans officers, directors, agents and employees, third-party lenders (and their officers, directors, agents and employees), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation. Trust Car Title Loans reserves the right but not the obligation, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Limitation of Liability
TRUSTCARTITLELOANS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TrustCarTitleLoans.com may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. From time to time, we also may change, move or delete portions of, or may add to or discontinue, temporarily or permanently, our Site and/or any of these Terms, with or without notice. We reserve the right to make changes to our Site and/or any of these Terms at any time. TrustCarTitleLoans.com will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Site and/or any of these Terms.
- Site Access
You may only use the Site if you live in the United States and are at least 18 years old. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site, without notice or penalty. Trust Car Title Loans does not charge users for use of the Site, and does not charge any fee to users upon successful completion of a personal loan.
- Applicable Laws and Jurisdiction
This Site and these Terms and Conditions are governed by the laws of the State of California without giving effect to any principles of conflict of laws. If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby.
- Dispute Resolution
Agreement on Dispute Resolution: In consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and Trust Car Title Loans agree that any controversy, claim, or dispute arising out of, relating to, or in regard to the use of this Site, or a breach of any of the Terms (individually and collectively referred to herein as a “Dispute”), shall be resolved solely and exclusively in accordance with the terms of this Dispute Resolution Agreement. You should review this Dispute Resolution Agreement carefully.
No Lawsuits Except for Small Claims Court Action and No Class Actions: In the event of a Dispute, except for the limited proceedings identified in and permitted by this Dispute Resolution Agreement, you agree that you will not file or participate in any lawsuit or other proceeding brought against Trust Car Title Loans, whether on an individual basis or as a class action, including any class arbitration or other proceeding brought in a purported representative capacity on behalf of the general public or other persons similarly situated.
Informal Dispute Resolution Requirements: You and Trust Car Title Loans agree to attempt to informally resolve any Dispute in accordance with these Informal Dispute Resolution Requirements. Before you commence an arbitration proceeding (“Arbitration”) against Trust Car Title Loans or exercise your Small Claims Court option as described herein, you agree to try to resolve the Dispute informally by contacting us by email at service@TrustCarTitleLoans.com. We will then communicate with you by telephone or email to try to resolve the Dispute. If the Dispute has not been resolved to your satisfaction within 30 days of the date you first contact us (“the Dispute Resolution Period”), at the expiration of Dispute Resolution Period, you may exercise your Small Claims Court option for a period of 30 days thereafter or commence Arbitration as set forth below. If the dispute has not been resolved to Trust Car Title Loans’s satisfaction by the end of the Dispute Resolution Period and you do not exercise your Small Claims Court option within 30 days thereafter, Trust Car Title Loans may commence arbitration.
Your Right to File an Action in Small Claims Court in California: For all Disputes that fall within the dollar limits of Small Claims Court in in the California county in which you reside, you and Trust Car Title Loans agree you have the right to resolve that Dispute by filing an action against us in Small Claims Court in that county within 30 days of the expiration of the Dispute Resolution Period and pursuing that action to judgment in lieu of participating in Arbitration as described below.
Arbitration Requirements and Waiver of Right to Court Action and Jury Trial: If you and Trust Car Title Loans are unable to resolve the Dispute through the Informal Dispute Resolution Requirements set forth above and the time set forth above for you to file an action in Small Claims Court has expired, the Dispute shall be shall be resolved solely and exclusively through individual (non-class) binding arbitration before one arbitrator. The arbitration shall be commenced and conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules including Supplementary Procedures for Consumer-Related Disputes (“AAA Arbitration Rules”) except in any instance in which the AAA Arbitration Rules conflict with this Dispute Resolution Agreement, in which case this Dispute Resolution Agreement shall control. You and we further agree that either of us may commence Arbitration, the arbitrator shall be appointed as provided in the AAA Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and Trust Car Title Loans waive any rights to use any other available procedures, including a court action, to resolve any Dispute, and waive any right to a jury trial for any Dispute.
Discovery; Arbitration Location; Arbitration Fees; Authority of Arbitrator: Consistent with the expedited nature of arbitration, each party will, within forty-five (45) days of the written request of the other party, provide the other party with copies of documents on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. The place of the arbitration shall be in Los Angeles County, CA, unless the parties agree otherwise in writing. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether a Dispute is subject to arbitration. The arbitrator has the authority to decide all issues of arbitrability, including where a party raises a defense to arbitration. The arbitrator may determine how the costs and expenses of the arbitration shall be allocated between the parties, but attorney’s fees shall not be awarded or considered a cost or expense of the arbitration. The arbitrator shall have no right or authority to award attorney’s fees or any exemplary or punitive damages.
Applicability of Federal Arbitration Act: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and you and Trust Car Title Loans agree that the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16 shall apply to its construction, interpretation, enforceability and enforcement.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting and selling Trust Car Title Loans products and services available in the United States. Trust Car Title Loans grants you a limited, royalty free license (the “License”) to access and make personal use of this Site pursuant to the Terms stated herein. This License does not include any:
- RESALE OR COMMERCIAL USE OF THIS SITE OR ITS CONTENTS;
- COLLECTION AND USE OF ANY PRODUCT OR SERVICE LISTINGS, DESCRIPTIONS, OR PRICES;
- DERIVATIVE USE OF THIS SITE OR ITS CONTENTS;
- DOWNLOADING OR COPYING OF ACCOUNT INFORMATION FOR THE BENEFIT OF ANOTHER MERCHANT; OR
- USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Trust Car Title Loans without its prior express written consent. You may not use any metatags or any other hidden text utilizing the Trust Car Title Loans name or trademarks without its prior express written consent. Any unauthorized use terminates the License granted by Trust Car Title Loans. You are granted a limited, revocable, and nonexclusive License to create a hyperlink to the home page of Trust Car Title Loans so long as the link does not portray Trust Car Title Loans or its product or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Trust Car Title Loans logo or other proprietary graphic or trademark as part of the link without its prior express written consent. You may not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
This Agreement is effective unless and until terminated by Trust Car Title Loans. Trust Car Title Loans may terminate this Agreement at any time and may do so immediately without notice, and may deny you access to the Site if, in its sole discretion, you fail to comply with any Term of this Agreement. Upon any termination of this Agreement by Trust Car Title Loans, you must promptly destroy and cease all use of all copies of all Content and other materials downloaded or otherwise obtained from this Site.
The following Sections survive any termination of this Agreement: Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution.