Last Updated March 16, 2020
Read these terms thoroughly before accessing and/or using the website to be aware of your legal rights and obligations regarding Fit My Money (‘FitMyMoney’, ‘FitMyMoney.com’, ‘we’, ‘our’ or ‘us’).
We kindly inform you that you should check out these terms of service. they contain details about the arbitration agreement and/or other vital to your legal rights, remedies, and duties information. Further, we notify you that this arbitration agreement obliges you, with some limited exceptions, to subject any claims you have or may have against us to a conclusion by lawfully binding arbitration proceedings.
- you may only court any claims against us on a personal basis. that means you cannot do it as a plaintiff or a class member as part of any class action.
- you may only seek relief on an individual basis, and this includes injunctive, declaratory, or even monetary relief.
- lastly, you will not be able to fly any claims whatsoever against us and ask them to be resolved by a court of law or a jury.
Please don’t access and/or use the Site, if you don’t agree to comply with these Terms.
Loan Referral Service
We notify you that the Service provided by us is a loan referral. It creates a connection and links the customers/consumers to various Lender Associates available on our network. Do note that to use our Service, you as a user must provide or supply us with specific data. That personal information will find its place in the Loan Request Form and may but is not limited to include:
- Name and Address;
- Mobile and Stationary Phone Numbers;
- Email and Mail Addresses;
- Social Security Number (SSN);
- Bank-related Data;
- Prospective Employment Details.
Decisions Regarding Your Credit
For your information, fitmymoney.com is not a moneylender and does not function as one. We do not act as an observer or reviewer of your credit or loan applications. The company cannot and will not guarantee that any of the available on its network Lender Associates will supply you with a loan based on your Request Form.
Furthermore, fitmymoney.com cannot and does not guarantee that the presented by the Lender Partner terms and their prospective conditions will suit and meet your requirements. We cannot and will not assure you that their prices, fees, costs, rates, products, services, and availability, together with the provided by them loan terms, will be the best available for you on the market.
Upon filling out your loan Request Form, fitmymoney.com can convey some or all the data you’ve listed to its Lender Partners. By filling in the Request Form, you, as a user and client of the Service, conform to acknowledge that you are requesting a loan offer from the network Lender Associates.
In addition, you consent that fitmymoney.com and its Lender Partners can reach out to you using the provided user data. That includes emails, phone numbers, or direct mail, and all the contact will be done to assist and further advance your loan request process or to inform you of any new or additional offers provided by the Lenders, now or in the future.
Once our Lender Associates receive your submitted loan Request Form, they will strictly review it in real time. That’s to assess your eligibility for a loan by their underlying criteria. In addition, sometimes, the on-network Lenders may use information from the Request Form to conduct a credit check.
This credit check can be a formal inquiry, also known as a hard credit check. It can affect your credit score by leaving an impact on your credit report. On the contrary, an informal inquiry, known as a soft check, does not do that. These inquiries can or will be performed by the three main agencies.
These are TransUnion, Experian, and Equifax. Of course, that is not limited to them, and inquiries can be made to other major agencies. Such are Microbilt, DP Bureau, Datax, and other institutions that are capable of checking your credit score and transactions. You must know that by submitting your loan request, you confirm that the Lender Associates can verify your information with any of those mentioned above.
If one of our Lender Associates decides that your loan request and the written in-the-form information meet their requirements, you will get redirected to their platform. We will not have any involvement in your registration or loan processes there.
You acknowledge the fact that all your interactions with the lender and their site/app are subject to their Privacy Policies, Guidelines, and Terms of Service, and you consent that they can enforce them.
After you submit a loan Request Form, you attest to the truthfulness of the details you provided. Know that this information will be supplied to fitmymoney.com and its Associate Lenders, and it must be accurate and genuine. Remember that if by any means the details you have written in your form are fake, fitmymoney.com can deny, terminate or suspend your usage of the Service at any given time.
We reserve the right to change these Terms at any time. The change can be effective immediately after posting of the revised Terms on the Website. Your usage of the Website means you accept the changes.
2. The ability of terms acceptance
The Site is only intended for individuals aged sixteen years or older. If you are under 16, please do not visit or use the Website.
3. Website access
During the period these Terms are effective we hereby grant you permission to visit and use the Website provided you agree to these Terms and applicable law.
You shall not: (1) use, create derivative works, modify, reproduce, transfer (by license, sublicense, sale, resale, download, etc.), display, distribute, or disclose the content (defined below), except as expressly authorized herein; (2) distribute display, copy, mirror, modify or frame any part of the Site or its content (as described below) with no prior written authorization; (3) launch or use any automated system (including “spiders”, “robots”, etc.) to access the Site; (4) disrupt networks or servers connected to the Site; (5) disable, circumvent or otherwise interfere with security-related features of the Site, the features preventing or restricting copying or usage of any content or those enforcing limitations on the Site’s usage.
5. Intellectual Property Rights
5.1. Content and marks
The (1) content on the Site including articles, text, documents, descriptions, brochures, products, graphics, photos, software, sounds, music, visual interfaces, videos user interfaces, interactive features, photographs, logos, trademarks, artwork, computer code, and services (i.e. the “Materials”) including the design, selection, structure, expression, “look and feel”, coordination and arrangement of such Materials; (2) and submissions from users, as defined below (i.e. the “Content”); and (3) the trademarks, logos, service marks are controlled, owned or licensed by FitMyMoney and are secured by applicable copyright or other intellectual property laws. The Site, its logo, and other marks are owned, operated and controlled by FitMyMoney and/or its affiliates. All other logos, service marks and trademarks used on the Site are the logos, trademarks or service marks of their respective owners. We reserve all legal rights expressly granted in and to the Site and its content.
5.2. Usage of content
The content performed on the Fit My Money website is provided to you for your personal use and information only and can not be copied, used, modified, distributed, broadcast, transmitted, sold, displayed, de-compiled, licensed, reverse engineered or exploited in any other way for any other purpose whatsoever with no prior written consent. If you print or download a content copy, you must keep all copyright and/or other proprietary notices contained therein.
6. Third-party sources and content
Some information may involve advice performed by the third parties as well as third party content. You agree that any content and/or advice is provided for information, entertainment, education purposes only and is not intended to constitute financial, legal, medical, tax planning or any other sort of advice from FitMyMoney. You consent that Fit My Money is not liable for any advice provided by the third parties. You take all the responsibility for your financial decisions and research. FitMyMoney.com is not liable or responsible for any actions and/or decisions you take or authorize third parties to take on your behalf on the basis of the information you get as a user of the Site.
6.1. The Site enables you to access, view, use and link the content from third party sources (defined below) that are not controlled or owned by the Site (‘Third Party Content’).
We may also enable you to interact and communicate with the third-party sources. ‘Third Party Source(s)’ means: (1) our customers and partners; (2) third party services and websites.
6.2. We don’t control any third party sources
6.3. We expressly disclaim (and take no responsibility) for all warranties referred to appropriateness, accuracy, safety, usefulness, Intellectual Property Rights (defined below) of any Third Party Content.
It’s up to you to choose whether to view, use or interact with a third-party source/content. Your usage, reliance upon or interaction with third-party source/content is at your sole risk and discretion.
6.4. You take sole responsibility and liability for your interaction with third-party content
You consent to waive any legal rights you may have against FitMyMoney and thus release FitMyMoney from any and all liability arising from your usage/interaction on any third-party source. If you have any complaints and/or queries referred to a third party source or its content, you consent to address them to the third party source directly.
7. User submissions
FitMy Money may allow the submission, publishing, sharing and hosting of content by you and other users (i.e. ‘User Submissions’). You understand that we do not guarantee any confidentiality with respect to any User Submissions whether or not they are published. You are solely responsible for the consequences of publishing, posting or uploading your User Submissions. The Site reserves the right to edit, censor, monitor, delete and/or remove any and all content posted on FitMyMoney.com at any time in our sole discretion with no further notice to you and for any reason. The Website has complete discretion whether to publish your User Submissions.
You warrant and represent that you own or have all the necessary permissions and rights to authorize and use the Site to use all Intellectual Property Rights (defined below) in and to your User Submissions and to enable inclusion and use thereof as contemplated by Fit My Money and its Terms. Unless the User Submissions are separately referred to all references herein to the content shall include references to User Submissions.
“Intellectual Property Rights” mean any and all titles, interests and rights whether foreign or domestic in and to any and all trademarks, copyrights, trade secrets, service marks, patents, know-how or similar Intellectual Property Rights as well as any and all moral rights of privacy, publicity and similar rights of any type under the regulations and laws or of any governmental, judicial or regulatory authority, domestic or foreign. You retain all of your ownership rights in and to your User Submissions.
7.3. License to user submissions
Submitting your User Submissions to FitMyMoney you hereby grant Us an irrevocable, worldwide, royalty-free, non-exclusive, transferable, sub-licensable and perpetual license to use, distribute, reproduce, prepare derivative works of display and perform the User Submissions connected to Our business including the absence of limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and you hereby waive any moral rights in your User Submissions to the extent allowed by law. You also hereby grant every user of the Site or other viewer a non-exclusive right to reproduce, use, prepare derivative works of the display, distribute and perform such User Submissions according to the Terms.
7.4. Prohibited content
You agree not to post, display, publish, submit, transmit or upload a User Submission that: (1) is protected by trade secret, copyrighted or otherwise subject to third party proprietary rights including publicity and privacy rights unless you are the owner of such rights; (2) is deceptive or unfair under the consumer protection laws of any jurisdiction; (3) impersonates another person; (4) is risky for a person’s/public health/safety, compromisable to national security or interferes with an investigation by law enforcement; (5) violates export control laws, promotes illegal drugs, relates to illegal arms trafficking or gambling; (6) is defamatory, unlawful, threatening, libelous, harassing, pornographic, hateful, ethnically or racially offensive or encourages behavior that would be considered a criminal offense, violates any law, gives rise to civil liability or is inappropriate; (7) involves terrorism or theft; (8) is otherwise fraudulent or malicious.
When you access and use the Site you acknowledge and understand that: (1) you may be exposed to User Submissions that are objectionable, offensive, inaccurate or indecent; (2) you will be exposed to User Submissions from different sources and that FitMyMoney is not responsible for the usefulness, accuracy, intellectual property rights, safety or relating to User Submissions. You hereby consent to waive any equitable or legal remedies or rights you may have against FitMyMoney with respect to (1) and (2) herein.
7.6 Complaints about content
We respect the intellectual property rights of others. Thus, FitMyMoney encourages you to contact us to report any content you believe violates your Intellectual Property Rights.
8. Information Description
FitMyMoney.com tries to be as accurate as possible. But we can’t and don’t warrant that the content available on the Site is reliable, accurate, error-free, complete or current. FitMyMoney reserves the right to make changes in or to the content or any part thereof in our sole judgment with no requirement of giving any notice prior to or after making such content changes. Your use of the content or any part thereof is made at your sole responsibility and risk.
FitMyMoney.com reserves the right to read, access, disclose and preserve any information that we get in connection with the Site and your use thereof as we reasonably believe is necessary to (1) enforce the Terms to investigate potential violations of them; (2) satisfy any applicable regulation, law, governmental request, legal process or subpoena; (3) respond to user support requests; (4) prevent, detect or otherwise address technical, security or fraud issues; (5) protect the safety, rights or property of FitMyMoney.
10.1. The Site may contain links and/or enable you to post content to third-party sites that are not controlled or owned by FitMyMoney.
10.2. FitMyMoney permits you to link to the provided website
(1) the hyperlink text must accurately describe the content as it appears on the site; (2) you link to but don’t replicate any website page; (3) you will not misrepresent your relationship with FitMyMoney or present any inaccurate information about FitMyMoney and will in no way imply we are endorsing any products or services unless you got our express prior consent; (4) you will not link from a site containing content that (a) infringes any privacy rights, intellectual property or other rights of any person or entity; (b) is controversial or offensive (both at our discretion); (5) you, as well as your website, comply with these Terms and applicable law.
12. Warranty Disclaimers
12.1. This section applies whether the services provided under the Site are for payment.
Applicable law may not permit the exclusion of some warranties, so to that extent, some exclusions set forth herein may not apply.
12.2. FitMyMoney is provided on ‘as available’ and ‘as is’ basis and with no warranties of any kind either implied or express.
FitMyMoney hereby disclaims all express or implied warranties, including title, implied warranties of merchantability, non-infringement, fitness for a particular purpose and those arising by statute or from a course of dealing or usage of trade. FitMyMoney perform no guarantee that the website is free of bugs, has no virus attacks or security breaches. The Site may occasionally be unavailable for upgrading, routine maintenance or other reasons. You consent that FitMyMoney will take no responsibility for any consequences to you or any third party that may arise from slow connections, technical problems of the internet, overload of our or other servers or traffic congestion. Fit My Money doesn’t endorse, warrant or guarantee any service, content or product that is advertised/featured on the Site by a third party.
12.3. FitMyMoney claims no warranty, endorsement or guarantee regarding any content appearing in a User Submission, and represents or warranties with respect, and disclaims all liability for any such content.
12.4. You acknowledge FitMyMoney will not take any responsibility for the User Submissions or conduct (including offensive, defamatory, negligent or illegal conduct) of any site user and the harm risk or damage from the foregoing rests solely with you.
12.5. Your website content usage/reliance or interaction with any third party featured on the Site is at your risk.
You consent that FitMyMoney is not and will not be liable for any damages/claims connected to or arising out of any dispute with any third party caused by your website usage.
12.7. Fit My Money endeavors to offer you valuable information about the services and products reviewed/featured on the Site.
To provide you with the free information we must seek revenue possibilities through other means. For instance, we can take a placement charge to those third parties featured on the Site and we may get commissions each time a user clicks through one or more such parties and/or actually purchases services/products offered by any of them. The revenues paid to FitMyMoney may not impact the information we perform about a certain third party featured on the Site.
13. Limitation of liability
FitMyMoney will not be liable for any exemplary, indirect, consequential, special or incidental damages of any kind or for any loss of profits, revenue data or reputation arising under these Terms or out of your use/inability to use the Site even if FitMyMoney.com has been advised of the possibility of such losses or damages to the fullest extent permissible by law.
You agree to indemnify, defend and hold harmless FitMyMoney, our respective officers, affiliates, directors, agents and employees from and against any and all obligations, claims, losses, damages, liabilities, expenses and costs (including attorney’s fees) arising from: (1) your user submissions; (2) your use or inability to use the Site; (3) your violation of the Terms; (4) your interaction with any Site user.
15. Term and termination
These terms remain effective until terminated by FitMyMoney. The Site in its sole discretion has the right to terminate the Terms and/or your website access or any its part thereof instantly at any time with or without cause. FitMyMoney won’t be liable to you or any third party for the Site (or any part thereof) termination. In case you object to any point of the Terms, any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to instantly discontinue the website usage. Upon these Terms termination you will cease the website use.
16. Independent contractors
You and FitMyMoney are independent contractors. No point in these Terms builds any joint venture, agency, partnership or employment relationship between you and the Site. You must not make or undertake any commitments, representations, warranties or obligations on behalf of FitMyMoney.
Arbitration and Solution of Any Occurred Conflicts
WE URGE YOU TO SPEND A FEW MINUTES AND READ THIS PART OF THE TERMS CAREFULLY. KNOW THAT IT WILL AFFECT YOUR RIGHTS, SO GETTING INFORMED ABOUT THEM IS VITAL.
a. Arbitration Related Arrangements
This section concerns the Dispute Resolution by Binding Arbitration, also known and further seen as an “Arbitration Agreement” included in these Terms.
By agreeing to these Terms and Conditions, you acknowledge the fact and confirm that all prospective altercations or claims that may or may not occur between you and fitmymoney.com will be solved solely through arbitration.
That includes matters related to these Terms, the provided Service, advertising, or any of our relationships, which will find solutions solely via arbitrations following the terms of the Arbitration Agreement, rather than in a court or jury, except for individual claims that qualify for a small claims court.
You may also bring forth any issues to the attention of the federals, the state, or any local agencies that may seek relief in your name as long as that’s allowed by law. Upon agreeing to these Terms, you and fitmymoney.com waive all rights to trial by jury.
That includes participation in a class action, as a neutral arbitrator will determine your rights rather than a specified judge or jury. Furthermore, any possible enforcement of this agreement will be governed by the interim Federal Arbitration Act.
b. Details Regarding Representative and Class Actions Prohibition and Non-Individualized Relief.
We inform you that the users of the Service (you) and fitmymoney.com confirm that prospective lawsuits or claims that are brought forth against each other will be held only on an individual basis. Know that by reading this, you consent that these claims will not be brought forth as a complainant or a class member in any representative action/proceeding.
An arbitrator may or may not merge more than one party’s assertions, and will not preside over any form of joint proceedings. That’s in power unless you and fitmymoney.com agree otherwise.
The Arbitrator of the proceeding is permitted to award relief to the individual that’s seeking it, only to the extent that’s necessary to supply the relief necessitated by a said party’s claims. An exclusion is made if you (the user) pursue a claim for public injunctive relief. Such will happen under the applicable law and to the needed extent for the enforceability of this provision.
c. Politics Concerning The Pre-Arbitration Claims and Their Resolution
We want to notify you that we take any of the user’s concerns seriously. Therefore, if you have any concerns regarding a claim or dispute, we prefer to resolve it amicably and efficiently without wasting your time. The majority of the issues related to users can be resolved quickly and to client satisfaction by contacting our support team at [email protected].
However, suppose the effort of the customer support team fails. In that case, you and fitmymoney.com agree that the party seeking arbitration must first notify the other side by a written Notice Dispute (“Notice”) via certified mail. The said Notice must describe the nature and basis of the claims and set forth specific relief requirements.
You can and should fly the Notice to fitmymoney.com at 1125 E. Broadway #545, Glendale, CA 91205. If the dispute is unresolved within 60 calendar days of receiving the Notice, either side may initiate arbitration.
While the proceeding is ongoing, any offers regarding compensations made by any of the involved parties will be kept secret. They will not be announced to the Arbitrator until they have chosen a fair amount on their own, if any is stated, to which you or fitmymoney.com is entitled.
d. Arbitration and Its Corresponding Procedures
Note that neither side has a written agreement related to using a different arbitral body or rules. Therefore, a neutral arbitrator will conduct any arbitration between you and fitmymoney.com. That will happen by the rules set by the AAA (American Arbitration Association), including their Consumer Arbitration Rules, with or without modifications, specified in this agreement.
The AAA website http://www.adr.org can further provide details about the AAA and its consumer arbitration page https://www.adr.org/consumer, which supplies data about their set Rules and fees for such disputes.
If any term of the AAA Rules contradicts any term of this Agreement, the latter terms will be in control. That’s unless the Arbitrator determines that applying them will conflict with other terms and possibly result in unfair proceedings.
The specific Arbitrator must also abide by the provision of these set Terms as a court would. They will decide all the issues, including impending matters, concerning the scope, enforceability, and even this Arbitration Agreement’s arbitrability.
Although the arbitration proceeding is technically less complicated than trials and other court proceedings, the Arbitrator can and will award the same damages and relief to an individual as the court would do. That will happen under the Terms of the applicable Law. Arbitration decisions are enforceable in the court, and by law, they may be reversed only for a particular reason.
If it is not agreed by fitmymoney.com and you, any arbitration hearing will be held at a convenient location for both parties. Into consideration will be taking their ability to travel and any relevant circumstances. Note that if the parties cannot agree, AAA or the set Arbitrator will decide instead of them.
Suppose your claim or dispute goes up to $10k. In that case, fitmymoney.com agrees that you may choose to have the proceeding conducted based solely on documents that are submitted to the Arbitrator via a telephonic hearing, in-person one, or provided by the AAA rules terms. On the contrary, if the sum is over $10k, the right to a hearing will be strictly set by the AAA Rules.
Regardless of the conduct of the arbitration, the Arbitrator will issue a written formal decision. That decision will supply a clear explanation of the essential findings they have come upon. It will include conclusions and awards or relief based on them.
e. Expenses Related to the Arbitration
Note that the payment of all fees related to the arbitration, including filing, administration, and arbitrator fees, will be governed by the AAA Rules unless otherwise specified in the Arbitration Agreement or by a separate agreement between the two parties.
If the sought relief is of value up to $75k, fitmymoney.com will pay for all Arbitration Fees. If the sum is larger than $75k, you can show the set Arbitrator that you cannot pay your portion of the fees, or if they determine so, you will not be asked to cover your Arbitration Fees. In such a situation, fitmymoney.com will pay for your portion of the arbitration costs.
In case you show the Arbitrator that the cost of the proceeding will be too expensive compared to the cost of litigation, fitmymoney.com will pay the necessary amount of Arbitration Fees. All payments related to the attorney’s fee will be strictly subject to the AAA Rules.
The process of arbitration, together with any conclusions by its arbitrator decision, ruling, or award, including all associated elements, will be strictly confidential for the benefit of both parties.
g. Severability Concerning Terms
Suppose any term or provision that is part of the stated Arbitration Agreement except for subsection (b) is deemed invalid or not enforceable by a court or a set Arbitrator. The parties agree to substitute such terms with one that is valid and can be enforced and which closely reflects the intention of the invalid Term. This way, the modified Arbitration Agreement will be fully enforced.
If any provisions or terms of subsection (b) are deemed invalid or unenforceable by the court or Arbitrator, then the entire Arbitration Agreement will become void. However, such terms and provisions will be considered invalid only involving lawsuits for a public injunction. The remaining terms and conditions in these Terms will remain effective.
h. Terms Regarding Any Prospective Modifications to the Agreement
Fitmymoney.com acknowledges the fact that if there are any future modifications or changes in the Arbitration Agreement (excluding changes to the address of the Notice). At the same time, you are a user of the Service and may refuse them by providing us with a written Statement in a fixed period of 30 calendar days at our Notice address.
Know that by rejecting these future modifications, you agree to settle any disagreements between you and us following the Arbitration Agreement as of the initial date on which you accepted these Terms (or any subsequent changes to them). This provision overrides any other one provided in these Terms.