Terms of Use

This website (the “Website”) is operated by New Credit America, LLC, an Oklahoma limited liability company. Please review these terms of use ("Terms of Use") before using this Website. By accessing or using the Website, you are acknowledging that you have read and understood these Terms of Use and are agreeing to be bound by these Terms of Use. If you do not agree to these Terms of Use completely, you are not authorized to use the Website and you should leave this Website now. All loans are made by Cross River Bank, member FDIC.

Eligibility

You must be at least 18 years of age to use this Website. Children under the age of 18 are not eligible to use this website. Use of or access to this Website by anyone under the age of 18 is unauthorized, unlicensed and in violation of these Terms of Use.

Changes to The Terms of Use

New Credit America reserves the right to amend these Terms of Use. If we do this, we will post the amended Terms of Use on the Website. You understand and agree that your continued use of the Website constitutes your agreement with the new Terms of Use.

Your Obligations

You agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. You also agree that you will provide accurate, current and complete information about you when asked to on the Website. You also agree that you will not impersonate, falsely state or otherwise misrepresent yourself or your age when entering information on the Website.

Consent to Electronic Transactions and Disclosures

New Credit America operates on the Internet only, and it is therefore a requirement that you consent to transact business with us online and electronically. In order to do business with us and Cross River Bank (“CRB”), a New Jersey bank that is the lender of all loans, you must give New Credit America your consent to receiving disclosures electronically, either through the Website or to an email address you provide to us. By agreeing to the Terms of Use, you agree to receive all documents, communications, notices, contracts, and agreements electronically, including IRS Form 1099 and any other IRS form.

Electronic Communications. You agree that all communications from New Credit America and CRB may be provided or made available to you electronically on the Website or by e-mail. If you consent, you still have the right to receive a free paper copy of any communication by contacting us in the manner described below. We may discontinue electronic Disclosures at any time in our sole discretion.

Scope of Consent. Your consent to receive Disclosures and transact business electronically applies to any and all transactions to which such Disclosures relate, whether between you and New Credit America or between you and CRB. Your consent will remain in effect until such a time as all relevant Disclosures have been made.

Telephone Consumer Protection Act (TCPA) Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from New Credit America, our affiliates and our agents, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Hardware and Software Requirements. To access and retain the communications electronically, you will need to use a computer with Internet Explorer 7.0 or above, Firefox 3.0 or above, or similar software, Adobe Acrobat and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.

Mobile Technology. If you access the Website electronically through a mobile device, such as a tablet or mobile phone, you must be able to print and save the communications. If your mobile device does not have this functionality, you must access the Website through alternate means that provide you with the ability to print and save communications.

Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post loan requests on this Website. If you have a pending loan request on our Site we will terminate it and remove it from our system. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified home address provided during application.

How to Contact Us regarding Electronic Disclosures.

You can contact us via email at support@NewCreditAmerica.com or by calling Support at (877) 373-2330. You may also reach us in writing to us at the following address:
New Credit America, PO BOX 9125, PORTLAND‎, OR‎ 97207-9125.

Attention: Compliance. You must keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to support@NewCreditAmerica.com or calling (877) 373-2330. You also agree to update your registered residence address and telephone number on the Website if they change.

Ownership of Content and Proprietary Rights; Restrictions on Use

All content on the Website and all intellectual property rights embodied therein, including but not limited to the design, text, graphics, pictures, images, data, articles, software, photos, and other files, and their selection and arrangement (the " Content"), is the sole and exclusive property of New Credit America and is protected by applicable law, including without limitation U.S. and International copyright laws and U.S. and International trademark laws. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior express written consent of New Credit America. Provided that you are eligible to use the Website, you are hereby granted a non-transferable, limited license to access and use the Website. You agree to use the Content and the Website only for lawful purposes. You are prohibited from any use of the Content or Website that would constitute a violation of any law, regulation, rule or ordinance or that could give rise to any civil or criminal liability. Any unauthorized use of the Website other than as specifically authorized herein is strictly prohibited and will immediately terminate the license granted herein. Nothing in these Terms of Use shall be construed as granting any license to any Content or any intellectual property rights belonging to New Credit America. The limited license to use the Website is revocable at any time without notice and with or without cause.

Trademarks

New Credit America and the New Credit America Logo are trademarks of New Credit America, LLC. Other trademarks are the properties of their respective owners. You may not use, copy, display, distribute, modify or reproduce any of the trademarks owned by New Credit America without the prior express written consent of New Credit America.

Submissions

All comments, ideas, feedback, suggestions, or other submissions communicated to New Credit America through the Website ("Submissions"), shall become the sole and exclusive property of New Credit America shall not be subject to any obligations of confidentiality with respect to the Submissions and New Credit America shall be entitled to use any Submission for any purpose, without restriction or compensation to the individual who provided the Submission.

Links to Other Web Sites and Content

This Website may contain links to sites controlled, owned, and operated by third parties (the "Third-Party Sites"). New Credit America cannot control and has no responsibility for the accuracy or availability of information provided on the Third-Party Sites is not responsible for the content of such sites. Links to Third-Party Sites do not constitute an endorsement or recommendation by New Credit America of such sites. Links to Third-Party Sites are provided for your convenience and you access them at your own risk.

Privacy

This Website contains a link to the New Credit America Privacy Policy. By using this Website, you are giving New Credit America consent to have your personal data transferred to and processed in the United States. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. Such listen and recording may be used for quality purposes.

LIMITATION OF LIABILITY

IN NO EVENT WILL NEW CREDIT AMERICA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF NEW CREDIT AMERICA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND ,TO THE EXTENT PERMITTED BY APPLICABLE LAW NEW CREDIT AMERICA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEW CREDIT AMERICA.

CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction

These Terms of Use shall be governed by the laws of the State of New Jersey, without regard its conflict of laws principles. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of the State of New Jersey, without regard its conflict of laws principles.

Indemnity

You agree to indemnify, defend and hold harmless New Credit America, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Website or any violation of these Terms of Use.

ALABAMA RESIDENTS

You must be 19 years of age.

ARIZONA RESIDENTS

Notice: You may request that the initial disclosures prescribed in the Truth in Lending Act (15 United States Code sections 1601 through 1666j) be provided in Spanish before signing any loan documents.

Aviso: Usted puede solicitar que las divulgaciones iniciales prescritas en la Ley Truth in Lending Act (15 Código de los Estados Unidos secciones 1601 hasta 1666j) sean proporcionadas en español antes de firmar cualesquiera documentos del préstamo.

Notice: Before signing any loan documents or otherwise committing to a loan, you may download and print copies of those documents from our website and keep them for your review.

CALIFORNIA RESIDENTS

Married registrants may apply for a separate account. AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING ON YOUR CREDIT RECORD MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS. BUT, WE WILL NOT SUBMIT A NEGATIVE CREDIT REPORT TO A CREDIT REPORTING AGENCY ABOUT THIS OBLIGATION UNTIL THE EXPIRATION OF ANY TIME PERIOD DESCRIBED.

IOWA RESIDENTS

NOTICE TO CONSUMER:
1. Do not sign this paper before you read it.
2. You are entitled to a copy of this paper.
3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.

KANSAS RESIDENTS

NOTICE TO CONSUMER:
1. Do not sign this agreement before you read it.
2. You are entitled to a copy of this agreement.
3. You may prepay the unpaid balance at any time without penalty.

MARYLAND RESIDENTS

This loan is being made under, and shall be governed by, the provisions of Subtitle 10 of Title 12 of the Commercial Law Article of the Maryland Code only to the extent that such provisions are not inconsistent with federal law (12 U.S.C. § 1831d) and related regulations and interpretations.

MASSACHUSETTS RESIDENTS

Massachusetts law prohibits discrimination based upon marital status or sexual orientation.

MISSOURI RESIDENTS

Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.

NORTH DAKOTA RESIDENTS

MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OF THE BROKER'S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.

OHIO RESIDENTS

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

UTAH RESIDENTS

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

WASHINGTON RESIDENTS

Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt are not enforceable under Washington law.

WISCONSIN RESIDENTS

NOTICE TO CUSTOMER: (a) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES. (b) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (c) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE.

Disclaimers

New Credit America cannot guarantee and does not promise any specific results from use of the Website to obtain a loan.

The Website may be temporarily unavailable from time to time for maintenance or other reasons. New Credit America assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. New Credit America is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.

This Website and the content contained herein are provided "as is," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. The New Credit America Parties do not warrant that the Website is free of viruses or other harmful components. Use of the Website is at your own risk.

New Credit America reserves the right to change any and all content contained in the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, or supplier does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by New Credit America.

Your eligibility for a loan is subject to the sole and exclusive determination of New Credit America.

The failure of New Credit America to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This Agreement supersedes any previous Terms of Use Agreement to which you and New Credit America may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. In the event of any dispute arising from your use of the Website or these Terms of Use, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.

Last Updated: March 5, 2015