Terms & Conditions
Tuesday, November 9, 2010
CreditedLoans.Com mission is to give borrowers and lenders a better deal and better experience.
CreditedLoans.Com manages loans and mortgages between relatives and friends, offering consumers a unique product line that delivers a customer experience that most banks and lending companies cannot match. With interest rates that are typically two-to-three percentage points lower than what a bank charges, coupled with flexible repayment schedules, CreditedLoans.Com is a financial services company that allows consumers to take major steps toward achieving their personal dreams, with help from friends and family.
(Twenty Pages of “Terms & Conditions” to Follow)
I. Definitions
In these Terms of Use, the following words and terms shall have the following meanings:
“Agreement” and “this Agreement” means these Terms of Use and all Incorporated Documents, which may change from time to time.
“Borrower” means the person or persons, real or legal, obligated under executed Loan Documents to make or permit to be made payments for the benefit of the Lender. Under this Agreement, the word “Borrower” is deemed synonymous to and may be used interchangeably with the terms “Pryor” and “Debtor” herein and on the CreditedLoans.Com website. The term “Borrower” further includes Borrower’s assigns, transferees, heirs, descendants and all other successors in interest and those assuming Borrower’s obligations, debts, and legal duties, including those under the Loan Documents.
“CreditedLoans.Com” is affiliated with Bayshore Commercial Capital, a duly formed and authorized Florida corporation having its principal offices at Plantation, Florida, and any subsidiary or successor companies, affiliates, officers, employees, agents and the name under which CreditedLoans.Com conducts business, including on its website accessible on the Internet at www.CreditedLoans.Com.
“Communications” means any notices, e-mails, letters or any electronic or written contact with Borrower or Lender regarding Borrower’s and Lender’s account and/or their respective use of the Services of CreditedLoans.Com, as discussed herein.
“Client” means any party who is actively using CreditedLoans.Com Services as a
Lender or Borrower as part of a Loan.
“Effective Date” is the date when any Borrower or Lender to a specific Loan begins to actively use CreditedLoans.Com.
“EFT” means electronic funds transfers as defined and regulated under the Electronic Fund Transfer Act, 15 U.S.C. §1693 et seq. and 12 C.F.R. Part 205 (“Regulation E”).
“Lender” means the person or persons, real or legal, to whom the Borrower is indebted or obligated, as evidenced by any executed Loan Documents. Under this Agreement, the word “Lender” is deemed synonymous to and may be used interchangeably with the terms “Payee” and “Creditor” herein and on the CreditedLoans.Com website. The term “Lender” further includes Lender’s assigns, transferees, heirs, descendants and all other successors in interest, including those to whom Lender has negotiated any or all interests in the Loan Documents, whether or not for value.
“Loan” means the underlying transaction between Borrower and Lender for which the parties are seeking to use CreditedLoans.Com services.
“Loan Documents” mean any documents, including but not limited to promissory notes, mortgages, and security agreements, in electronic or paper format, created by or on behalf of Borrower and Lender as part of their utilizing CreditedLoans.Com services.
“Representative” means any person or other entity authorized by Lender or Borrower or by a court or administrative body of competent jurisdiction to represent the interests of a party or parties in the positions of Borrower or Lender, whether such authorization is granted at or after creation of the Loan Documents. The term “Representative,” as used herein, shall supplement, substitute or be deemed synonymous for the terms “Borrower” and/or “Lender” as may be applicable, such as where an existent Representative stands in the place of the respective party or parties. See Third Party Representative Policy.
“Services” means CreditedLoans.Com document preparation, recording, filing,
payment administration, document storage, credit reporting and account-management services, and any related products and services offered by CreditedLoans.Com, whether or not they are specifically described in this Agreement.
“Signature”, “Sign” and “Signing” are all intended to mean both traditional execution of paper documents as well as electronic signature of documents as defined under the Electronic Signatures in Global and National Commerce Act (“E-SIGN”), 15 USC §7001, et seq., See E-SIGN and Uniform Electronic Transactions Act (“UETA”) Disclosure and Policy.
II. CreditedLoans.Com Services and Policies.
CreditedLoans.Com acts, among other things, as a facilitator of and intermediary for private loans between individuals. These Services are split into two areas: Loan Documentation and Loan Servicing.
A. Loan documentation
After payment of the appropriate fee, CreditedLoans.Com will work with Lender and/or Borrower to customize loan documents for the parties’ needs, based on the terms of the loan the parties have agreed upon. These documents include promissory notes, and, at the request of the parties, documents to secure the debt, including mortgages and personal property filings. The terms of the loan are selected by the parties; CreditedLoans.Com does not participate in setting the terms of the loans between our peer to peer users. CreditedLoans.Com IS NOT A LAW FIRM AND DOES NOT GIVE LEGAL ADVICE TO ANY USERS OF ITS WEBSITE OR SERVICES.
B. Loan Servicing
CreditedLoans.Com also provides servicing of loan payments. For a fee, CreditedLoans.Com will act as the intermediary for payments between Borrowers and Lenders, including but not limited to the following: use of EFT to collect and transfer funds between Borrowers’ and Lenders’ accounts; sending payment reminders to Borrowers; processing of paper check payments; preparation of year end reporting showing a breakdown of all payments received and how they were applied; and payment recovery efforts through contact by CreditedLoans.Com Customer Service Department and external third party service
please be aware that you hereby authorize CreditedLoans.Com to use electronic check conversion whereby your check is used as a source of information to initiate a one-time EFT from your account. CreditedLoans.Com also reserves the right to report payment history to national credit bureaus for accounts that are serviced CreditedLoans.Com. Once servicing begins, Clients are not permitted to opt out of credit reporting for the duration of the loan.
C. Refund Policy
CreditedLoans.Com offers a 100% refund of your purchase, minus any third-party fees incurred. This refund is valid at any time prior to activation of loan servicing. For more information, please see www.bayshorecredit.com or call Client Services at (xxx) xxx-xxxx.
D. Privacy of Non-Public Personal Information
The confidentiality of the personal information of our Clients is a top priority for CreditedLoans.Com. Our Privacy Policy discusses how CreditedLoans.Com handles this information and how it is protected.
E. Pricing Policy
CreditedLoans.Com reserves the right to change the pricing of its products and services without notice.
III. Modification of this Agreement
IV.
CreditedLoans.Com may amend and/or revise this Agreement at any time. Existent Borrowers, Lenders and Representatives will be notified at least seven (7) days in advance of the effective date of any changes by Communications addressed to each of them concerning the amended and/or revised terms, and any Borrower’s and Lender’s continued use of the Services thereafter will constitute acceptance of the amended and/or revised terms. Changes shall be deemed acceptable to all parties unless a party elects to terminate this Agreement as provided herein. Amended and/or revised Terms of Use will, however, take immediate effect upon posting to the CreditedLoans.Com website as to those persons not yet registered with CreditedLoans.Com, specifically those who have not yet affirmatively assented to a prior version of the Terms of Use, or as to other new visitors to and users of the CreditedLoans.Com website.
IV. Patriot Act Verification
Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When a Borrower or Lender sets up an account with CreditedLoans.Com, we will ask for the name, address, date of birth, social security number and other information for
each party involved with the transaction, which will allow us to verify the identification of the parties to the transaction. If a business is involved in the transaction, Bayshore Commercial Capital will ask for the legal name of the business and the address where the business is located. We may also ask for other information and documents to help us verify the identity of the business.
If you have any questions, please contact us at (xxx) xxx-xxxx or email us at support@globalcapitalcredit.org
V. Termination of CreditedLoans.Com and Website
A. Termination by Parties
1) Payment Processing services. Lender may terminate all payment processing services with CreditedLoans.Com without the written consent of Borrower. Lender must provide forty-five (45) days prior written notice to CreditedLoans.Com of Lender’s intent to terminate payment processing services;
2) Credit Reporting services. Once Lender or Borrower agree to have the loan serviced by CreditedLoans.Com and CreditedLoans.Com initiates credit reporting on that loan, they may not terminate the use of this service unless the loan is paid in full, forgiven or otherwise cancelled;
3) All other CreditedLoans.Com services. All other CreditedLoans.Com Services may be terminated at any time only upon receipt of written consent from both Borrower and Lender (“Termination Notice”). The Termination Notice must be received by CreditedLoans.Com at least thirty (30) days prior to the effective date of the termination. The Termination Notice may be emailed to CreditedLoans.Com at admin@globalcapitalcredit.org or by sending a letter to CreditedLoans.Com. Upon termination of this Agreement, any monies in process with CreditedLoans.Com, once cleared through CreditedLoans.Com bank account, will be immediately paid to the appropriate parties as provided in this Agreement, less any unpaid applicable fees due to CreditedLoans.Com from Borrower or Lender. The obligations of the parties to this Agreement shall survive even after termination. CreditedLoans.Com will not be liable in law or equity for a breach of any agreement between Borrowers, Lenders or Representatives relating to CreditedLoans.Com services.
B. Termination by CreditedLoans.Com
CreditedLoans.Com, in its sole discretion, reserves the right to terminate this Agreement, access to any or all portions of its website or access to the Services without notice for any reason and at any time. If the Refund Period as defined in CreditedLoans.Com Refund Policy has expired, CreditedLoans.Com may retain all fees collected prior to termination, regardless of the grounds for termination. Borrower and Lender will remain liable for all outstanding obligations to CreditedLoans.Com under this Agreement even after any such termination. An individual whose account is (or accounts are) terminated may be denied further access to the secure portion of the ANY BORROWER, LENDER OR REPRESENTATIVE RESULTING FROM CreditedLoans.Com TERMINATION OF ACCESS TO CreditedLoans.Com WEBSITE AND/OR SERVICES.
C. Prohibited Conduct
The following is a list of prohibited conduct under this Agreement. Borrower, Lender or Representative hereby agree not to engage in any such conduct during their use of CreditedLoans.Com website or Services. Any party found engaging in such conduct will, at the sole discretion of CreditedLoans.Com, be terminated:
• Multiple registrations by an individual without prior consent by CreditedLoans.Com, whether such registration was completed fraudulently, falsely or unlawfully, or by legitimate and lawful means such as the use of alternate but valid names, different contact information, separate bank-account numbers, and other pertinent data;
• Fraud, intentional or negligent misrepresentation, or any unlawful act relating to the use of CreditedLoans.Com website or Services;
• Intentionally providing CreditedLoans.Com with false or incorrect contact information;
• Failure to respond in a reasonable and timely fashion to Communications from CreditedLoans.Com;
• Tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services or CreditedLoans.Com website;
• Usage of the Loan Documents for any purpose other than for the transaction for which they were created; In any case in which CreditedLoans.Com, in its sole discretion, determines that a criminal or civil violation of local, state or federal law has occurred, in addition to terminating access to the Services and CreditedLoans.Com website, offending parties will be subject to damages and other penalties, including civil liability and criminal prosecution where available for any such conduct. CreditedLoans.Com will contact appropriate administrative and law-enforcement authorities in all such instances and shall cooperate fully with any investigation.
VI. Electronic Communications
Borrowers, Lenders and Representatives choosing to access CreditedLoans.Com Services via the internet hereby consent to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. The parties also consent to allow CreditedLoans.Com to respond to any inquiries by email regardless of the format of the original inquiry. This consent may be withdrawn at any time. After withdrawal of consent, all subsequent Communications will be sent by regular mail to the last known address on file with CreditedLoans.Com.
VII. Credit Reporting
CreditedLoans.Com reserves the right to report payments made through Bayshore Commercial Capital payment administration service to a credit reporting agency to help parties establish a credit history CreditedLoans.Com will, from time to time, add national credit bureaus at its discretion. The following restrictions apply to all clients who have their payments reported to a credit reporting agency:
1) Once payments are reported CreditedLoans.Com, the parties cannot choose to
cancel reporting at a later date.
2) Any decision as to the status of a payment (late, missed, etc.) is at the sole discretion of CreditedLoans.Com and all parties agree to hold CreditedLoans.Com harmless from any claim arising from CreditedLoans.Com assignment of a status to a payment.
3) Notwithstanding the above, parties may dispute an entry on the credit report – See CreditedLoans.Com Credit Reporting Dispute Resolution Policy
4) Payment of the loan must be made in accordance with the terms contained in the signed promissory note. No modifications or changes will be allowed.
VIII. Disclaimers
Legal Representation. All parties agree and acknowledge that CreditedLoans.Com is not a law firm nor is it authorized to practice law in any jurisdiction CreditedLoans.Com does not give legal advice in any form or practice law in any way, and Bayshore Commercial Capital makes no assurances or warranties, express, implied, or statutory that the Loan Documents or the terms of the Loan are legally enforceable in a specific jurisdiction by any competent court or administrative body.
Real Estate Title Reports. As part of CreditedLoans.Com preparation of Loan Documents for any Loan involving a security interest in real estate, CreditedLoans.Com obtains a report listing the current owner and the legal description of the subject property from a third-party provider. The purpose of this report is to
1) provide a legal description of the subject property so that CreditedLoans.Com can prepare the Loan Documents; and
2) to confirm that the party signing the mortgage is the current owner of the subject property. For an additional fee, CreditedLoans.Com offers more advanced title report/search options which provide more detailed information regarding the subject property. THESE REPORTS ARE SOLELY FOR CreditedLoans.Com USES AND THEY ARE NOT INTENDED TO PROVIDE INFORMATION REGARDING THE LEGAL STATUS OF ANY SPECIFIC PARCEL OF REAL PROPERTY. THESE REPORTS DO NOT PROVIDE ANY PROTECTION FROM LEGAL CLAIMS RELATING TO THE TITLE OF THE REAL ESTATE. LIEN POSITION CAN ONLY BE GUARANTEED IF CLIENT PURCHASES A FULL TITLE SEARCH AND TITLE INSURANCE ALONG WITH CreditedLoans.Com SERVICES. CreditedLoans.Com IS NOT RESPONSIBLE FOR ERRORS OF ANY KIND CONTAINED IN DOCUMENTS MAINTAINED BY MUNICIPAL AND STATE AUTHORITIES WHICH ARE SEARCHED AS PART OF THE TITLE REPORTS RECEIVED BY CreditedLoans.Com. BORROWERS AND LENDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE STATUS OF THE TITLE TO ANY PROPERTY THAT MAY BE USED AS SECURITY FOR A LOAN.
Priority of Liens. CreditedLoans.Com will not guarantee or warrant the priority or
position of any lien it records on real or personal property unless the parties purchase title insurance along CreditedLoans.Com Services.
UCC Financing Statements. CreditedLoans.Com does not research the status of title nor the presence of prior existing liens for any personal property used to secure private loan transactions. For an additional fee, CreditedLoans.Com offers UCC searches which will provide more detailed information regarding the private property being used as security.
Use of Loan Documents. Borrower and Lender hereby agree that the Loan Documents and any other services provided by CreditedLoans.Com are intended solely for the specific transaction between Borrower and Lender and are for the sole and exclusive use of Borrower and Lender. Any subsequent modifications by the Borrower or Lender to the Loan Documents are done at the sole risk of the party making the changes. CreditedLoans.Com will not be responsible for the legal validity of such changes or the affect such changes may have on the validity or enforceability of any Loan Documents which have been altered by the Borrower or Lender.
Compliance with state and federal laws. Borrower and Lender are solely responsible
for assuring that requirements under any state or federal laws that may apply to the Loan have been met, including the preparation and delivery of any disclosures, notices or other documents required by state or federal law.
Validity of Terms of Loan. Borrower and Lender are solely responsible for establishing the terms of the Loan and for determining if the Loan terms are in compliance with any applicable local, state or federal laws, including but not limited to laws relating to usury and income tax liability. CreditedLoans.Com makes no representation regarding the legal validity or enforceability of the terms of the Loan between Borrower and Lender and assumes no responsibility under this Agreement for enforcing or interpreting the terms of the Loan.
Provision of Loan Documents formalizing the Loan between the Borrower and Lender do not imply CreditedLoans.Com endorsement of, liability for or participation in the creation of the terms of the Loan, or any contract, agreement or other arrangement, whether lawful or illicit, reached by Borrower and Lender. Any dispute between or among Borrower and Lender and their respective successors in interest regarding sums due and paid, or for the compliance with other terms under the Loan Documents and any underlying agreement and similar matters is not the responsibility of CreditedLoans.Com. Borrower, Lender and their respective successors in interest jointly and severally shall indemnify and hold CreditedLoans.Com harmless from any liability, claim, demand, loss or expense by any party against CreditedLoans.Com as a result of or arising out of its performance of the Services described in Section I, above.
Disclaimer of Warranty. BORROWER AND LENDER HEREBY AGREE THAT CreditedLoans.Com PROVIDES THE LOAN DOCUMENTS “AS IS” AND, AS PERMITTED BY GOVERNING LAW, WITHOUT ANY WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY AS TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. IN NO EVENT SHALL CreditedLoans.Com BE LIABLE FOR
(I) DAMAGES CAUSED OTHER THAN BY INTENTIONAL MISCONDUCT OR (II) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, OR LOSS OF PRIVACY), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE CreditedLoans.Com WEBSITE OR ANY OF THE ASSOCIATED SERVICES, EVEN IF CreditedLoans.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Malfunction of Computer Equipment and Software. CreditedLoans.Com shall not be responsible for any failure in the Services due to malfunction or loss of equipment, software or Internet service providers used by Borrower, Lender or Representative; or from the malfunction or failure of equipment, software or services used by CreditedLoans.Com which are beyond the reasonable control of CreditedLoans.Com.
Use of Third Parties by CreditedLoans.Com. CreditedLoans.Com reserves the
right to use other companies to perform services for CreditedLoans.Com (“Third Party Service Providers”). Borrower, Lender and Representative hereby agree to cooperate fully with CreditedLoans.Com and any Third Party Service Providers to assure the accurate and timely preparation and execution of all Loan Documents and processing of loan payments.
Unauthorized Access or Interception of Data. CreditedLoans.Com will have no liability in connection with any unauthorized interception, alteration or use of data relating to the Services including, but not limited to, e-mail correspondence; any inability to use or access the Services or the CreditedLoans.Com website for any reason; any actions or transactions by an individual or party using Borrower’s, Lender’s and/or Representative’s name and password without authorization; or any cause over which CreditedLoans.Com does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or the parties’ respective internet service providers.
IX. Miscellaneous Provisions
Counterparts. This Agreement may be executed in counterparts and each counterpart shall have full force and effect against the party that executes the counterpart.
Choice of Law and Choice of Forum. This Agreement is governed by the laws of the
State of Florida without reference to that state’s conflicts of laws rules. Wherever applicable and after exhaustion of administrative remedies specifically designated in this Agreement, judicial actions taken relative to this Agreement shall be brought in a court of competent jurisdiction, either state or federal, within the Commonwealth of Florida.
Assignment. Unless otherwise expressly provided in this Agreement, Borrower and Lender may not transfer any rights or obligations under this Agreement without the prior consent of CreditedLoans.Com. In order for CreditedLoans.Com to continue Services in the event of such transfer, it may be necessary for CreditedLoans.Com to verify the transfer and its validity, the identity of the transferee, including relevant contact information, bank account information and other data necessary to permit CreditedLoans.Com satisfactory performance of the Services. Where such performance cannot reasonably be ensured, CreditedLoans.Com reserves the right to maintain this Agreement with the transferor only or to terminate this Agreement. CreditedLoans.Com reserves the right to transfer
any right or obligation under this Agreement without Borrower’s and Lender’s consent.
Severability. In the event any provision of this Agreement shall be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
Indemnification. CreditedLoans.Com obligations are expressly limited to those stated in this Agreement. CreditedLoans.Com will be responsible only for the exercise of ordinary care in carrying out its obligations under this Agreement and shall be released from all further liability. Borrower and Lender agree to indemnify and hold CreditedLoans.Com harmless from and against, and to pay on demand, all costs, damages, losses, judgments, attorney’s fees, expenses, obligations and liabilities of every kind and nature suffered or incurred by it or its agents relative to or arising out of this Agreement, except any liability resulting from failure of CreditedLoans.Com to exercise ordinary care in carrying out its
obligations under this Agreement.
Account Information. In addition to the terms listed above, Borrower and Lender further agree that CreditedLoans.Com may access and disclose information about their accounts when CreditedLoans.Com deems such action necessary or appropriate to comply with the law or legal processes, judicial or administrative, to protect CreditedLoans.Com systems and other Clients’ interests, or to ensure the integrity and operation of CreditedLoans.Com business and systems. Unless otherwise prohibited by law, such disclosure may include, without limitation, user profile information (e.g., name, e-mail address), transaction information, Internet Protocol (IP) address and traffic information, and history. Such disclosures will be made in compliance with CreditedLoans.Com Privacy Policy, as is incorporated herein.
Taxes. Borrower and Lender are responsible for determining what, if any, taxes apply to the disbursements and payments as a result of using CreditedLoans.Com Services and for collecting, reporting and remitting the correct tax to the appropriate tax authority or authorities. Borrower and Lender acknowledge that state and federal tax ramifications and liabilities for either or both parties may ensue from engaging in a Loan and Borrower and Lender should consult qualified professional advisors regarding potential taxation liabilities.
CreditedLoans.Com does not provide tax advice, is not obligated to determine whether taxes apply to a specific loan transaction or any underlying agreement, and is not responsible for collecting, reporting, or remitting any taxes arising from any transaction between Borrower and Lender.
Borrower or Lender Insolvency. Borrower and Lender understand and acknowledge
that insolvency, whether part of or outside formal bankruptcy proceedings, may impact the efficacy and terms of the Loan Agreement. Borrower and Lender understand and acknowledge that funds transferred by or to an insolvent party may, in some circumstances, be reached and retrieved from the recipient or recipient’s successor in interest by action of a bankruptcy court or a trustee in bankruptcy, whether such bankruptcy is voluntary or involuntary, and whether or not such funds were: initially transferred in good faith and for value; a “preference” or “priority” as defined under the United States Bankruptcy Code, 11 U.S.C. §101 et seq.; part of a fraudulent transaction or other transaction subject to reversal in bankruptcy proceedings; or whether the transfers of funds were or are otherwise reversible. CreditedLoans.Com assumes no responsibility for the continued performance of either party in the use of CreditedLoans.Com services in the event of either party’s insolvency, bankruptcy or other circumstances making performance under the Loan Agreement and this Agreement impossible or impracticable.
Account Use. By accepting this Agreement and using the Services, Borrower, Lender and Representative respectively represent and warrant that they have all the necessary legal authority and capacity to do so. In the event that either a Borrower or Lender is a corporation, partnership or other business entity, acceptance of this Agreement warrants that the individual signing on behalf of the business entity is a duly authorized agent of the business entity and that they have the authority to bind the business entity in legal agreements and contracts. The parties will not jointly or individually use the Services or the CreditedLoans.Com website for any unlawful, illicit, fraudulent or improper activity CreditedLoans.Com reserves the right to restrict or deny access to or interoperability with the secure, account-specific portions of the CreditedLoans.Com website and/or to delay or halt its duties under this Agreement, without notice, where substantive allegations or reasonable grounds exist to suspect that Borrower, Lender, Representative or any or all of them have been, are, or will be engaging in fraudulent, unlawful or other improper activity. Borrower, Lender and Representative agree and acknowledge they will cooperate fully with CreditedLoans.Com to investigate any suspected unlawful, fraudulent or improper activity.
Time and Date. Unless otherwise noted or as may be required by the user’s jurisdiction, CreditedLoans.Com records and measures the moment transactions are conducted using the CreditedLoans.Com website by reference to the Eastern Time zone of the ,Where a user initiates a transaction on a weekend day, national or local holiday or other non-business day, it is the policy of CreditedLoans.Com to consider the transaction date to be that day unless doing so would negate the efficacy of the transaction. In such circumstances, and as provided by applicable laws, CreditedLoans.Com will consider the next business day, whether in Florida (CreditedLoans.Com domicile) or the user’s jurisdiction, as appropriate, to be the transaction date so the intent of the user is upheld
and the transaction’s validity is preserved. Discrepancies regarding the effective transaction date will be resolved to the benefit of the user or users, unless otherwise noted, as a matter of CreditedLoans.Com policy and its commitment to quality customer service.
Use of Offline Processes. The Services are designed and intended by CreditedLoans.Com to be furnished to the full extent possible via the Internet or other electronic media. Where “offline” processes are employed prefatory to or in order to provide the Services, CreditedLoans.Com will undertake its best efforts to accommodate the needs of the particular client(s). However, CreditedLoans.Com reserves the right to limit the range of Services where such accommodation would prove impossible, impracticable, contrary to corporate policy, overly costly or otherwise unreasonably burdensome to CreditedLoans.Com and/or the counterparty of the party seeking such accommodation. CreditedLoans.Com reserves the right to charge additional fees for use of Offline Processes.
Marks. “CreditedLoans.Com” is a registered service mark of CreditedLoans.Com Enterprises Limited (VEL). All related logos, products and services described in this Agreement or the CreditedLoans.Com website are either service marks, trademarks, registered service marks and trademarks of VEL, or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VEL. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, copyrighted materials and/or trade dress of VEL and may not be copied, imitated, or used, in whole or in part,
without the express prior written permission of VEL.
Arbitration. CreditedLoans.Com reserves all rights in remedies at law or in equity for any claim it may have against Borrower, Lender or any party’s Representatives of either for real or prospective infringement on intellectual property rights. Any other controversy or claim arising out of or relating to this Agreement or the provision of Services, excepting those relating transactions covered by Regulation E (12 CFR 205, et seq.) or those initiated in and remaining subject to the jurisdiction of a Massachusetts court hearing small-claims matters, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, save for the complainant’s counterparty under the Loan Agreement where such counterparty chooses to consolidate his, her, their or its claim or controversy with those of the consenting complainant. Where practicable, the arbitration shall be conducted in Boston, Massachusetts and judgment on the arbitration award may be entered in any court having competent jurisdiction. Any party to this Agreement may seek any interim or preliminary relief from a court of competent jurisdiction in Broward County, Florida necessary to protect that party’s respective rights, remedies or property pending the completion of arbitration. Borrower and Lender agree and acknowledge that arbitration may replace their individual or collective recourse to courts of law and/or administrative bodies, and that the decision of the arbitrator or arbitrating body may be final and binding upon all parties.
No Third-Party Beneficiaries. Unless otherwise expressly provided herein or by operation of law, no provisions of this Agreement are intended or shall be construed to confer upon or give to any person or entity other than Borrower, Lender and CreditedLoans.Com any rights, remedies or other benefits under or by reason of this Agreement. Waiver. Failure by any party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Any waiver, amendment or other modification of any provision of this Agreement will be effective only if in writing, whether on paper or via appropriate electronic means as provided for in this Agreement and as permitted under the E-Sign Act and other applicable laws. Where appropriate, such waiver, amendment or other modification shall evidence the mutual agreement of all relevant parties. A party’s waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies for subsequent events.
CreditedLoans.Com. PRIVACY POLICY
CreditedLoans.Com. (CreditedLoans.Com) is firmly committed to protecting
the confidentiality and integrity of our customers’ information. If we collect information, we protect and preserve its integrity. Whenever we make use of our customers’ information, we utilize it with discretion and solely for lawful purposes. CreditedLoans.Com is a business built upon trust. We gain the confidence and reliance of our customers one at a time. Among the most essential duties we owe our customers is careful protection of private information. The information you provide deserves to be handled securely and discreetly. By the very nature of our business, CreditedLoans.Com is entrusted with a great deal of sensitive information about our customers, their finances, and sometimes even personal relationships. We recognize the uniquely private nature of this information and take great care to protect it.
Information practices.
Prevailing standards for businesses that collect personally identifiable information fall into four main categories: notice, choice, access and security. Stated differently, these information- gathering practices involve respectively
(a) disclosure of the company’s privacy policies,
(b) options and a voice about how one’s personal information is stored and used,
(c) an individual’s right to review, correct and contest data pertaining to him or her, and
(d) commitment to and assurances by the business that reasonable steps are taken to safeguard the information people have disclosed.
Notice. We will provide you with a copy of our current Privacy Policy annually and if we revise our policy to allow for disclosure to additional parties, we will provide you with an updated policy before any such disclosure is made. Since privacy is a dynamic and evolving concept, you can stay up to date with CreditedLoans.Com Privacy Policy by visiting our privacy web pages. If you want further information at any time, you can also contact us at privacy@globalcapitalcredt.org or by submitting an inquiry on our website.
Choice. If you want to make a change in how your information is employed and retained by CreditedLoans.Com, let us know. Log on to our secure website to modify your information or contact us at privacy@globalcapitalcredt.org, and we’ll adjust according to your wishes. Remember, however, that e-mails travel unprotected over the Internet so don’t send any information you want to remain confidential in your message.
Access. Curious about exactly what information you’ve provided to us? Want to supplement, update, or clarify your data, or challenge information you believe to be incorrect? If so, send an inquiry to privacy@globalcapitalcredt.org or log on to our secure website, which is the best and safest way to alert us of any potential discrepancy.
Security. Please occasionally revisit our privacy pages to keep informed about how CreditedLoans.Com stays current with the latest technological advances designed to ensure preservation of confidential information.
CreditedLoans.Com proudly adheres to these information-gathering precepts, incorporating them into our privacy procedures and overall business practices.
Furthermore, CreditedLoans.Com conducts business in accordance with the pertinent laws and regulations relating to our products and services, including the Gramm-Leach- Bliley Act (“GLB”). Under Title V of the GLB, an individual’s nonpublic personal information (“NPPI”) is afforded certain legal protections. Again, CreditedLoans.Com abides by and endorses the philosophy underlying the pertinent law. After all, it isn’t just an obligation: it’s also good business.
Whose privacy is protected?
CreditedLoans.Com business model is all about financial convenience and simplicity. Our customers are therefore both borrowers and lenders, individuals confident that we will safeguard their personal information with discretion.
Applicable laws employ definitional distinctions between a “consumer” and a “customer.” Such rules typically emphasize individuals’ privacy, rather than information pertaining to businesses or other entities. CreditedLoans.Com observes these distinctions too, although we of course respect the privacy of people and organizations alike. Generally, if you are an individual visiting our website because you’re simply contemplating CreditedLoans.Com services, then your privacy is protected under the status of a consumer. A specific type of
consumers, customers, are people who enter into more complex or enduring relationships with us. To take one example, if you request information from us or use our website to create a loan proposal for a friend or family member to review, then you may be entitled to protections as a “customer” even though you’re not yet obligated to create the proposed loan or in any way committed to a further relationship with CreditedLoans.Com. What all this means in practice is that CreditedLoans.Com will treat the information volunteered to us with utmost discretion. Our active customers, for example, can expect secure information storage and even annual notices regarding CreditedLoans.Com ’s Privacy Policy and the status of their information. As for those people who aren’t full-fledged CreditedLoans.Com customers, we will not share collected information except as permitted by law. Even after a relationship with CreditedLoans.Com ends, CreditedLoans.Com duties and commitment to both the borrower and lender endure. CreditedLoans.Com will continue to treat your information as though you actively remain our customer. CreditedLoans.Com will abide by applicable record-retention and privacy rules even after the loan has been repaid or otherwise has come to a close. At all times, CreditedLoans.Com will furnish pertinent information where compelled or in order to comply with relevant law, in response to a subpoena, court order and other judicial processes, or as required by competent regulatory authorities.
What principles guide CreditedLoans.Com ’s Privacy Policy?
Given the sensitive nature of your identity, contact details and financial data, CreditedLoans.Com fully appreciates how important it is to protect the information. We can also understand if you wonder why we request the information we do. Our Privacy Policy is informed by the following principles:
• CreditedLoans.Com respects customers’ reasonable expectations when it comes to ensuring the personal information of consumers.
• Collection, retention, ,age and dissemination of customer information is limited to legitimate business purposes of CreditedLoans.Com and its affiliates, and when lawfully permitted or necessary to comply with legal requirements or to complete a transaction requested by a consumer.
• Fair information-gathering practices guide CreditedLoans.Com approach to requests for information. Notice, choice, access and security are the four underlying components of our collection process.
• CreditedLoans.Com limits internal access to information to personnel having legitimate business reasons. As a company and individuals, we at CreditedLoans.Com take your privacy rights seriously.
• Technological innovations and evolving standards for protecting privacy are foremost among CreditedLoans.Com objectives. When we believe new products, procedures or services will enhance the security of your information, CreditedLoans.Com will adopt additional security measures appropriate to the dynamic online environment in which we operate.
• CreditedLoans.Com will disclose customers’ information to unaffiliated third parties only for appropriate business purposes including companies that assist in our underwriting effort, when we have permission, are obliged by competent authorities or upon consent of the individual customer.
• To guard against “downstream” or third-party disclosure of your NPPI, entities such as your financial institution and our business partners may be required by CreditedLoans.Com to satisfactorily demonstrate compliance with applicable laws and regulations as well as compatibility with the CreditedLoans.Com Privacy Policy. If we learn or believe that a third party poses a risk to your NPPI, we may contact you (and, if appropriate, regulators and law-enforcement officials) to express that concern.
How broadly does privacy protection extend?
Privacy is rarely an absolute notion, and it probably shouldn’t be. Some people prefer an unlisted phone number, while the corner grocer gladly pays to have its number advertised. Entering a sweepstakes drawing which requests name and address is exciting for some people, yet intrusive for others. The point is clear: privacy is in large measure what the individual makes it. The question remains, however, as to how an individual’s personal information is safeguarded once it is characterized as private. CreditedLoans.Com collects certain sensitive information to help us serve your financial needs, provide customer service, offer new products and services, and fulfill contractual, legal and regulatory requirements. The type of information that we collect varies according to the products or services that you requests, and may include: (i) Information included on your application and related forms (such as name, address, social security number, bank account information, assets and income); (ii) Information about your relationships with us (such as products or services purchased and payment history); and (iii) Information from other non- CreditedLoans.Com sources (such as consumer credit reports). Recognizing this responsibility, we are committed in all instances to protecting the NPPI of our customers. In particular, CreditedLoans.Com takes a number of steps to comply with applicable laws regarding NPPI’s safeguarding. Keep in mind, however, that fully shielding NPPI is a mutual responsibility. Protect your CreditedLoans.Com account number, password and login information—they function as the keys to open and lock the door to your
important private information. Also remember that CreditedLoans.Com cannot guarantee the security and integrity of e-mails, which are subject to interception as they travel over the Internet. CreditedLoans.Com recommends you help ensure your own privacy by submitting confidential information over the secure online environment of our website established whenever you log in to CreditedLoans.Com. A word to customers creating a loan due to a medical emergency: Health information merits heightened privacy protection, often even more than financial data. If your loan is intended to help weather unexpected medical costs, and you’ve confided that fact to us, rest assured that CreditedLoans.Com will never divulge this matter in any manner which can be attributed to you personally, unless we are required to do so by law. CreditedLoans.Com suggests customers and website visitors periodically review this Privacy Policy for revisions. While we do exchange certain information with our customers’ financial institutions (for example, CreditedLoans.Com needs the routing number for direct deposit into a lender’s bank account), we do so with express permission or as necessary to process the transactions our customers request. In short, information is properly shared between two financial institutions on behalf of the individual, a person already trusting CreditedLoans.Com and the bank enough to be a customer of both institutions.
CreditedLoans.Com Permission Marketing Policy
CreditedLoans.Com delivers promotional and transactional emails to prospects and customers. Additionally, in order to provide you with innovative products and services that we believe may be of interest to you, we may from time to time share NPPI and other information we collect with affiliates of CreditedLoans.Com. If you would prefer that we not share information about you with our affiliates or send you promotional email, you may email us at If you decide that you no longer wish to subscribe to CreditedLoans.Com broadcast emails, please follow the instructions that are located at the bottom of those e-mail messages in order to unsubscribe (opt-out).
Updates
The version of the CreditedLoans.Com Privacy Policy posted online and related web pages supersedes all previously posted or issued versions of same as of the date specified. CreditedLoans.Com reserves the right to change this Privacy Policy at any time. Visitors to and users of the CreditedLoans.Com website are invited to return to the Privacy Policy and related pages periodically to check for revisions. Customers and others having pertinent relationships with CreditedLoans.Com may also be notified of changes to this policy by additional means including, but not limited to, e-mails, letters and telephone calls. We will provide customers with a copy of our current Privacy Policy annually and if we revise our policy to allow for disclosure to additional parties, we will provide our customers with an updated policy before any such disclosure is made.© 2008 CreditedLoans.Com All rights reserved.
ELECTRON IC SIGNATURE (E-SIGN) AND UNIFOR M ELEC -
TRON IC TRANSACT IONS ACT (UETA ) DISCLOS URE AND
CONSENT AGREE MENT
This disclosure is given in compliance with the Electronic Signatures in Global and National
Commerce Act (“E-SIGN”) 15 USC §7001, et seq., and the Uniform Electronic Transactions
Act, as adopted by the various States.
This disclosure relates to services provided by CreditedLoans.Com, including but not limited to electronic fund transfers, the use of electronic signatures, and the use and storage of “electronic records” as defined in the E-SIGN Act. Pursuant to the E-SIGN Act and UETA: You have the right to request a paper copy of any electronic records created or provided to you as part of CreditedLoans.Com. There is no charge for this service. You may request paper versions of these documents by either sending a written request to CreditedLoans.Com. CreditedLoans.Com, by emailing your request to admin@bayshore.com, or by calling our Customer Service Department at 1(xxx) xxx-xxxx during normal business hours (ET). By signing these Terms of Use, you are consenting to the use of electronic records as well as to the provision of disclosures and other communications via electronic means. You have the right to withdraw your consent at any time. To withdraw consent, you may send a written request to CreditedLoans.Com. CreditedLoans.Com, email your request to info@bccnow.com.com, or call our Customer Service Department at 1(xxx) xxx-xxxx during normal business hours (ET). If consent is withdrawn, you will be provided with paper versions of all documents and all subsequent communications will be done either by phone or by regular mail.
To access electronic records on CreditedLoans.Com website you need the following hardware and software:
• computer with minimum of Windows 95 operating system
• Internet access
• Adobe Acrobat 5.0 or higher
• Web browser (Internet Explorer 4.0 or Netscape Navigator 7.0)
ELECTRON IC FUNDS TRANSFER (EFT) DISCLOS URE
Electronic Fund Transfers. Upon selection by and due written authorization by Lender and
Borrower, CreditedLoans.Com will effect electronic fund transfers (EFTs) via the Automated Clearing House (ACH) system. Such transfers may include debits and credits, including recurrent and preauthorized periodic transactions, to Lender’s and Borrower’s bank accounts consistent with the Electronic Fund Transfer Act, 15 U.S.C. §1693 et seq. (EFTA), Regulation E, the Electronic Signatures in Global and National Commerce Act of 2000, 15. U.S.C. §7001 et seq. (E-Sign), the terms of the Terms of Use and this Agreement. Borrower and Lender acknowledge the following:
1) scheduled EFTs are limited to no more than two per month, absent extenuating circumstances
or CreditedLoans.Com consent
2) there is a three [3] business day clearing period for all EFTs
3) the dollar amount of individual EFTs is limited to no more than $75,000.00
4) that there is the possibility of liability to both Borrower and Lender for any unauthorized EFT
5) a duty on both Borrower and Lender to promptly report such unauthorized transfers to CreditedLoans.Com and, where applicable, to the party’s financial institution
6) the right of both Borrower and Lender to stop payment or disbursement of a preauthorized EFT by notifying CreditedLoans.Com at least three [3] business days prior to a scheduled transfer and CreditedLoans.Com established procedures to initiate such stoppages
7) the right to receive documentation of EFTs electronically, or in paper format where the party explicitly requests
8) CreditedLoans.Com shall not be responsible for late or missed payments, payments made to unintended recipients due to the provision of incorrect information by Borrower or Lender or for payments made in incorrect amounts owing to error or omission by either Borrower or Lender
9) Borrower and Lender shall immediately notify CreditedLoans.Com of any changes to their bank account information. CreditedLoans.Com shall make commercially reasonable efforts to ensure payments are made accurately, but CreditedLoans.Com will not be responsible for any costs or liabilities incurred by Lender or Borrower resulting from inaccurate or outdated bank account information.
10) the necessity of occasional adjustment entries in either the Borrower’s or Lender’s accounts, including a reversal of a debit or credit, as a result of inaccurate or mistaken transfer
11 CreditedLoans.Com potential liability pursuant to the EFTA and other applicable laws and regulations.
From time to time, it may be necessary for CreditedLoans.Com to verify the parties’ bank account information. Borrower and Lender each grant CreditedLoans.Com the right to validate the authenticity of their respective bank accounts and shall provide written authorization on behalf of CreditedLoans.Com if required by their respective lending institution. Neither Borrower nor Lender will request that CreditedLoans.Com effect fund transfers exceeding that party’s transfer limitations or the available balance of the nominated checking account (including any overdraft allowances by the party’s bank). If there are insufficient funds in Borrower’s checking account to cover a requested transaction, or if Borrower’s bank rejects a payment for any other reason, CreditedLoans.Com may charge the Borrower an Insufficient Funds Fee (“NSF fee”). In case of insufficient funds, Borrower will receive prompt notification and thereafter CreditedLoans.Com will attempt to present Borrower’s payment for a second time (along with the NSF fee, where applicable) according to the schedule set forth in that communication and absent timely objection by the Borrower. If, upon second presentment, the account still does not contain enough funds to cover the original request plus the NSF fee, Borrower will receive notification that the CreditedLoans.Com account
is in arrears and, where appropriate, has been disabled, and the Lender will be notified of Borrower’s inability to pay the authorized amount. Borrower and Lender acknowledge that CreditedLoans.Com is not responsible for any problems or delays in the ACH, EFT or banking systems or for other problems or delays associated with such systems beyond its control. While CreditedLoans.Com shall attempt to expedite EFT transactions on behalf of Borrower and Lender, it will not be responsible for any costs or liabilities incurred by Borrower or Lender owing to delays beyond the time periods ordinarily required for funds clearance or to otherwise complete an ACH or EFT transaction. In the event CreditedLoans.Com makes an EFT from Borrower’s account and is subsequently unable to collect those funds for any reason (including, without limitation, insufficient funds or fraud), the payment will be reversed and CreditedLoans.Com will withdraw such funds from the recipient’s account. Both Borrower and Lender expressly authorize such reversal consistent with the EFTA and customary and prevailing ACH rules. CreditedLoans.Com further reserves the right to use any and all other legal rights and remedies to recover amounts not collected via reversal of the payment as well as to recover other fees paid or losses incurred by CreditedLoans.Com resulting from the reversed transaction. While a Borrower is free to select EFT repayment methods, Borrower acknowledges and Lender agrees and acknowledges that Lender shall not condition an extension of credit for Borrower’s benefit solely on the basis of Borrower’s assenting to preauthorized, recurrent EFT payments as the sole means by which repayments may be made. Where applicable, relevant account information may be sent to a credit-reporting agency and/or a collection agency for further action. In addition, CreditedLoans.Com will report instances of fraud, misrepresentation or other unlawful activity to appropriate administrative, judicial and law-enforcement agencies.
ELECTRON IC FUNDS TRANSFER (EFT) DISCLOS URE CreditedLoans.Com
CREDIT REPORT ING DISPUTE RESOLUTION
POLICY AND CREDIT REPORT INFOR MAT ION DISCLOS URE
Credit Reporting Dispute Resolution Policy
I. Dispute of credit reporting information by client
A. Notice of dispute
An individual who uses CreditedLoans.Com to administer payments on a loan transaction (“Consumer”) may dispute an entry on their credit report from a CreditedLoans.Com account by notifying CreditedLoans.Com either by mail or by other means available to the Consumer. The Consumer shall provide the following information as part of any dispute of information provided by CreditedLoans.Com:
1) Name of Consumer
2) Name of Counterparty
3) A brief description of the disputed information
4) Address of Consumer or other means for CreditedLoans.Com to contact Consumer with results of investigation
B. Investigation of disputed information
Upon receipt of a notice of dispute from a Consumer, CreditedLoans.Com will, free of charge, conduct a reasonable investigation and make a determination of the status of the disputed information within three (3) business days of receipt of the notice of dispute from the Consumer. Said investigation shall include but is not limited to all relevant information provided by the Consumer. The determination shall be one of the following three options:
1) the dispute is frivolous or irrelevant and the information provided is accurate;
2) the disputed information is inaccurate; or
3) more information is necessary to make a final determination regarding the disputed information.
C. Notification of determination
Once a determination has been made regarding the disputed information, CreditedLoans.Com will notify the Consumer by mail or, if authorized by the consumer for that purpose, by other means available to CreditedLoans.Com within five (5) business days of the receipt of notice of dispute from the Consumer as to the determination regarding the disputed information. If CreditedLoans.Com determines that the dispute is frivolous or irrelevant: CreditedLoans.Com shall notify the Consumer by mail or, if authorized by the consumer for that purpose, by other means available to CreditedLoans.Com. Said notice shall include:
• the reasons for the determination; and
• identification of any information required to investigate the disputed information. If CreditedLoans.Com determines that the disputed information is inaccurate: Bayshore Commercial Capital shall notify the Consumer by mail or, if authorized by the consumer for that purpose, by other means available to CreditedLoans.Com within five (5) business days of the receipt of notice of dispute from the Consumer and will immediately notify all credit reporting agencies (“CRA”) to which CreditedLoans.Com provided said information and request that they delete or modify the information as appropriate. If CreditedLoans.Com determines that more information is necessary to complete its investigation: CreditedLoans.Com will notify the Consumer, and the Consumer’s Counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information.
D. Additional information request
Upon receipt of the additional information, CreditedLoans.Com shall make a final determination on the disputed information, considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by CreditedLoans.Com under this section. Notice of said determination shall be forwarded to the Consumer as described above.
II. Dispute of credit reporting information by Credit Reporting Agency
A. Investigation of disputed information
Upon receipt of a notice of dispute from a CRA, CreditedLoans.Com will, free of charge, shall conduct a reasonable investigation and make a determination of the status of the disputed information within three (3) business days of receipt of the notice of dispute from the CRA. Said investigation shall review all relevant information provided by the CRA, including information given to the CRA by the consumer. The determination shall be one of the following three options:
1) the dispute is frivolous or irrelevant and the information provided is accurate;
2) the disputed information is inaccurate; or
3) more information is necessary to make a final determination regarding the disputed information.
B. Notification of determination
Once a determination has been made regarding the disputed information, CreditedLoans.Com will notify the CRA by mail or, if authorized by the CRA for that purpose, by other means available to CreditedLoans.Com within five (5) business days of the receipt of notice of dispute from the CRA as to the determination regarding the disputed information.
If CreditedLoans.Com determines that the dispute is frivolous or irrelevant:
CreditedLoans.Com shall notify the CRA by mail or, if authorized by the CRA for that
purpose, by other means available to CreditedLoans.Com. Said notice shall include:
• the reasons for the determination; and
• identification of any information required to investigate the disputed information.
If CreditedLoans.Com determines that the disputed information is inaccurate:
CreditedLoans.Com shall notify the CRA and the Consumer by mail or, if authorized
by the CRA or the Consumer for that purpose, by other means available to CreditedLoans.Com, within five (5) business days of the receipt of notice of dispute from the CRA and will immediately request that CRA delete or modify the information as appropriate.
If CreditedLoans.Com determines that more information is necessary to complete its investigation: CreditedLoans.Com will notify the CRA and the Consumer, and the Consumer’s Counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information.
C. Additional information request
Upon receipt of the additional information, CreditedLoans.Com shall make a final determination on the disputed information, considering all information provided by all parties, within twenty five (25) days of receipt of the notice of dispute from the CRA. Notice of said determination shall then be forwarded to the CRA as described above.
Use of Credit Report Information
By signing the Terms of Use, you agree to allow CreditedLoans.Com to access your credit report no more than once every calendar year. These reports are obtained solely for CreditedLoans.Com s internal uses and information contained in any credit reports obtained by CreditedLoans.Com will remain strictly confidential and shall not be shared with any other party (See CreditedLoans.Com Privacy Policy). Under the Fair Credit Reporting Act 15 U.S.C. 1681(b), CreditedLoans.Com has permissible purpose for obtaining credit reports as a loan servicer and for a legitimate business need. If you have any questions, please feel free to contact CreditedLoans.Com: E-MAIL us at admin@globalcapitalcredit.org , or CALL toll-free: x.xxx.xxx.xxxx or write to CreditedLoans.Com.
ERROR RESOLUTION POLICY
CreditedLoans.Com provides this error-resolution notice in compliance with the Federal Reserve’s Regulation E, which governs electronic fund transfers (EFTs). You may recognize EFTs by other names, notably direct deposits and direct debits. Since you have selected EFTs in conjunction with your Loan transaction, the Federal Reserve requires that you be given initial and annual notices of your rights regarding error solution procedures involving your account and any EFTs relating to it which you believe may have been made incorrectly or contain an error. Please bear in mind that customer service is a top priority for us. Timeframes noted below are therefore the maximum periods allowed: CreditedLoans.Com objective of course remains to respond as promptly and accurately as possible to your inquiries. Please retain this notice for your records and future reference. Further information regarding EFT error resolution is also available in the CreditedLoans.Com Terms of Use, to which you have previously indicated your consent. To review, print or electronically save the Terms of Use, visit www.bayshorecredit.com.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS:
LOG IN to CreditedLoans.Com secure website at: www.CreditedLoans.Com
or E-MAIL us at: admin@globalcapitalcredit.org
or CALL toll-free: 1.800.716.3370 or WRITE CreditedLoans.Com. at:
Address
Address
You should contact CreditedLoans.Com as soon as you can if you think there is a
problem with your account, that your confirmatory e-mail or statement is wrong, that an EFT was made incorrectly or in error, or if you simply need more information about an EFT or other transfer noted on a confirmatory e-mail or statement. We must hear from you
no later than sixty (60) days after we sent the FIRST confirmation in which the potential problem or error appeared. If you contact us regarding an error, please be sure to do the following:
1) Tell us your full name and CreditedLoans.Com account number;
2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information;
3) Tell us the exact dollar amount of the suspected error.
Please do NOT include sensitive information such as complete bank-account numbers if you wish to contact us via e-mail. CreditedLoans.Com recommends confidential communications sent electronically instead be made by logging in to your account on our secure website. If you contact us orally, we may require that you also send CreditedLoans.Com your complaint or question in writing (including via e-mail or on our secure website) within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we receive contact from you, and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to pursue such an investigation, we may credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Such credits will be discretionary and made in good faith, taking into account the rights, obligations and expectations of both you and your counterparty under the terms of your Loan Agreement. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For errors involving new accounts or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation (including via e-mail or as a message in your online account on our secure website). You may request copies or summations of documents and information used in our investigation. However, you are advised that given CreditedLoans.Com largely automated business methods and processes, our investigation may be conducted primarily or entirely by electronic means. Consequently, documentation provided to you may be in similar format or replicated from CreditedLoans.Com electronic investigation.
ERROR RESOLUTION POLICY THIRD PARTY REPRESENTA -TIVE POLICY
Lenders and Borrowers may designate individuals to act on their behalf in association with using CreditedLoans.Com Services (hereinafter “Representative”).
Definition of Representative. “Representative” means that person, real or legal, duly and demonstrably authorized by a Borrower, Lender or by a court or administrative body of competent jurisdiction to represent the interests of a party or parties in the positions of Borrower or Lender, whether such authorization is granted at or after creation of the Loan Documents. The term “Representative,” as used herein, shall supplement, substitute or be
deemed synonymous for the terms “Borrower” and/or “Lender” as may be applicable and as used in the Terms of Use, such as where an existent Representative stands in the place of the respective party or parties.
Confirmation of Representative’s Authority. Before a Borrower or Lender may utilize a Representative to act on their behalf, Representative and the party they seek to represent must complete all portions of the attached Representative Confirmation form and return it to CreditedLoans.Com.
Duties and Responsibilities of Representatives. By serving as a Representative, a
party agrees to and acknowledges the assumption of responsibility for representing the individual and/or collective interests of the authorizing party or parties, as the case may be, regarding the Loan Documents, whether by act or omission, as well as in all Communications with CreditedLoans.Com. Representative shall adequately and accurately convey any pertinent information regarding the Loan Agreement’s administration to the relevant authorizing party or parties not already communicated by CreditedLoans.Com. In addition to Communications with Representative, CreditedLoans.Com reserves the right to communicate with any Borrower or Lender including, but not limited to, substantially identical Communications made to any or all of them and independent Communications to one party or some parties only.
Communications with Representatives. A Representative will be recognized by CreditedLoans.Com as having authority to receive Communications and to represent any and all authorizing parties unless and until CreditedLoans.Com is expressly notified of revocation of such authority by Borrower, Lender or both (including multiple members of these defined terms), or by competent governmental officials, as may be applicable. Such authorization does not, however, preclude Borrower and Lender from representing or communicating on behalf of themselves. Absent express notification to CreditedLoans.Com revoking Representative’s authority, as described below, where applicable and feasible,
Representative’s instructions shall govern in the event of conflicting directions by any or all authorizing parties to CreditedLoans.Com. CreditedLoans.Com further reserves the right to refrain from any action where the parties’ instructions are or appear to be contradictory and CreditedLoans.Com shall not be liable for any losses suffered by any party as a result of using a Representative. Further, Borrower, Lender and Representative shall hold CreditedLoans.Com harmless from any and all claims arising from any disputes between any Borrower, Lender or Representative resulting from the use of a Representative to represent a particular party’s interests.
Termination of Use of Representative. Any party that authorizes a Representative to act on their behalf may terminate said authorization by contacting CreditedLoans.Com either by email at admin@globalcapitalcredit.org , or in writing at CreditedLoans.Com, Attn: Customer Service Dept., CreditedLoans.Com.
- Build a better credit report
- Build healthier consumer habits
- Develop a better understanding of personal credit
- Increase your credit limits
- Become prequalified for future loans
- Help repair the economic crisis
