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Terms And Conditions

Last Revised: July 21, 2023

AGREEMENT BETWEEN USER AND EPIC LOANS

Horizon Interactive, LLC (“Epic Loans or the “Company”), the owner and operator of this Website, provides its website visitors with access to its content, resources, tools, public forums, and other services through its network of websites located at EpicLoans.com (the “Website”). Epic Loans provides its services to all visitors and users of the Website subject to the following Terms and Conditions.

These Terms and Conditions govern your use of the Website. Access to, and use of, this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). This Website is offered to you conditioned on your unqualified acceptance without modification of the Terms of Service.

By using the Services, you are expressly agreeing to all of the Terms of Service. If you do not unconditionally agree with these Terms of Service or our Online Privacy Policy, you are not authorized to accessor use the Website and you must immediately discontinue your use of the Website and exit it.

Conditions of Use

THESE TERMS OF SERVICE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS,AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE WEBSITE YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS OF SERVICE MAY BE REVISED AT ANY TIME, NOTICE OF WHICH WILL BE PROVIDED BY UPDATING THE “LAST REVISED” DATE ABOVE. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN-CURRENT TERMS OF SERVICE TO WHICH YOU ARE BOUND.

Access to this Website is permitted on a temporary basis, and were serve the right to terminate your use of this Website for any reason or no reason including, without limitation, if we learn that you have violated these Terms of Service. We may also, at our sole discretion, withdraw or amend the Services without any notice to you. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all of this Website.

Linked Sites

This Website may contain links to other third party websites (the “Linked Sites”), which are not operated by the Company. Epic Loans has no control over the Linked Sites and accepts no responsibility for them or their contents, or for any loss or damage that may arise from your use of the Linked Sites. These Terms of Service are not applicable to the Linked Sites. Your use of the Linked Sites will be subject to each such Linked Site’s terms of use and service.

The Company is not a lender or loan broker: Please note the following if you are applying for a loan through a lender to which you were matched through the use of this website: The operator of this Website is not a lender, does not broker loans to lenders, and does not make personal loans or credit underwriting decisions. This Website does not constitute an offer or solicitation to lend. This Website will submit the information you provide to a lender or lenders. Providing your information on this website does not guarantee that you will be approved for a loan. The operator of this Website is not an agent, representative, or broker of any lender and does not endorse any particular lender. Epic Loans does not charge you for any service or product.

Online Privacy Policy

Our Online Privacy Policy sets out how we collect,share, and use your information and can be found here. By using this Website,you consent to the treatment of your information as described therein andwarrant that all data provided by you is accurate. Please review our OnlinePrivacy Policy before using the website

CONSENT TO USE OF ELECTRONIC COMMUNICATIONS

All website interactions and phone calls are recorded for marketing, compliance and quality assurance purposes.

By providing us with your name, email address and/or phone number, you expressly authorize us authorize us to contact you (including using autodialers, automated text and pre-recorded messages) via your telephone, cellphone, mobile device (including via Short Message Service (“SMS”) or wireless internet (“WAP Service”)) and email, even if your number is currently listed on any state, federal or company’s Do Not Call list. Standard phone and data charges will apply. Your consent to the above terms is not required as a condition of purchasing or receiving our services. You also consent to the recording and monitoring of all calls to and from us. You represent you are the owner or authorized user of the mobile device on which messages will be received, and that you are authorized to approve any applicable charges. You may opt out of receiving calls and/or messages to your telephone or mobile device at any time by notifying us. You may remove your information by replying with “STOP”,“END”, “QUIT”, “UNSUBSCRIBE”, or “CANCEL” to any SMS you receive or by emailing us at [email protected]. You may also click the “Opt-out” link on the bottom of the email to unsubscribe to email correspondence.

Only United States residents may use the SMS or WAP Service.

Prohibitions: No Unlawful or Prohibited Use

As a condition of your authorization to use this Website, you warrant that you will not do any of the following: commit or encourage a criminal offense; transmit or distribute a virus, trojan horse, worm, logic bomb, time bomb, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision could constitute a criminal offense and the Company reserves the right to report any such breach to the relevant law enforcement authorities.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

With the exception of third-party content as referenced above, the intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Epic Loans and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not, without the express written permission of Epic Loans, or with respect to third party content, its respective owner, permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer of Liability

You expressly agree that use of this Website is at your sole risk. The material displayed on this Website is provided on an “as-is” and “as available” basis, without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law Epic Loans and its suppliers, content providers and advertisers hereby expressly disclaim all conditions, warranties of any kind, including without limitation, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose with respect to the Website, any use of the Website, and any other website to which the Website is linked, whether express or otherwise implied by any source, including, but not limited to, statute, common law, or the law of equity.

WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS MAY SOMETIMES OCCUR.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BELIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITES, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO DISCONTINUE USE OF THE WEBSITE.

YOU (AND NOT THE COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Linking to this Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.

Copyright and Trademark Notices

Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary: all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Epic Loans.

Copyright Infringement Policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2)(“DMCA”), Epic Loans will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any content on the Website has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Website containing the following elements as set forth in the DMCA:

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the content you claim to be infringing and which you request be removed from the Website or access to which is to be disabled along with a description of where the infringing content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number, and an email address;
  • a statement by you that you have a good faith belief that the use of the content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

The Company’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
EpicLoans.com
6360 NW 5th Way #302, Ft. Lauderdale, FL 33309
Email: [email protected]

Indemnity

You agree to indemnify, defend and hold harmless Epic Loans, its parents, subsidiaries, directors, officers, employees, consultants, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, but not limited to, legal fees) arising from your use this Website or your breach of any applicable law or the Terms of Service.

Variation

Epic Loans shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is held to be unenforceable (including any provision in which we limit or disclaim our liability) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. To the extent possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that most closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaints-handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting us by email at [email protected].

Waiver

If you breach these Terms of Service and the Company exercises its right to take no action, such exercise does not constitute a waiver of any of Epic Loans future rights, and the Company reserves the right to avail itself of any and all remedies available to it, including, but not limited to, termination of your access to the Website in any other situation where you breach the letter or spirit of these Terms of Service. You agree that the Company shall not be liable to you or any other party for any termination of your access to the Website. The provisions of these Terms of Service shall survive any termination of your access to the Website or Services.

Epic Loans expressly reserves the right to seek any remedy available at law or in equity for any violation of these Terms of Service, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.

GENERAL / MISCELLANEOUS TERMS

Governing Law, Jurisdiction, Venue. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida, U.S.A., without regards to any choice of law provisions. Should you properly opt out of Arbitration, you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to our relationship and your use of the Website. If you did not opt out of Arbitration, please see the Arbitration provision below for the applicable law and jurisdiction governing your arbitration. You and we agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.

Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Epic Loans as a result of this Agreement or use of the Website.

Applicability of Laws. Epic Loan’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Epic Loan’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or any information provided to or gathered by Epic Loans with respect to such use. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement. Unless otherwise specified herein, this Agreement, along with our Privacy Policy, any Notices and Disclosures on our Website, which are incorporated herein by reference, together constitute the entire agreement between the You and Epic Loans with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Epic Loans with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English despite having these terms in translated to other languages.

AMENDMENTS TO THIS AGREEMENT

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Dispute Resolution by Binding Arbitration – IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.

In the event of any controversy between you and Epic Loans, including but not limited to any demand, claim, suit cross claim, counterclaim,or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise (including but not limited to our designated servicers and any fulfillment provider working on your behalf) arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, our Privacy Policy, Website Disclaimers, use of the Website, the information on the Website, any referral services provided by Epic Loans, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, including any determination of the scope, enforcement or applicability of this provision to arbitrate, shall be resolved by binding arbitration in Broward County, Florida, or the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This provision to arbitrate is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without respect to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:

1.    The Arbitration shall be administered by the American Arbitration Association (“AAA”) (www.adr.org), the Judicial Arbitration Mediation Services (“JAMS”), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: EpicLoans.com, Attn: Legal Department, 6360 NW5th Way #302, Ft. Lauderdale, FL 33309.

2.    Commencement and Rules of Arbitration. If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a Demand of Arbitration in effect at the time the action is commenced. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website:http://www.adr.org/consumer. The AAA shall provide the parties a list of 5arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”),with the exception of Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: http:// https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards (“JAMS Rules”), with the exception of Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.

3.    The Arbitrator. The selected arbitrator shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service’s code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and Florida substantive law.

4.    The Arbitration Award. The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator will also determine the amount of reasonable attorneys’ fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.

5.    Waiver of Right to Bring Mass or Class Actions. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.

6.    Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

7.    Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys’ fees, if any, unless such fees are expressly provided for by applicable law. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.

8.    Arbitration Opt-Out. YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING EPIC LOANS WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR WEBSITE. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: EpicLoans.com, Attn: Legal Department, 6360 NW 5th Way #302, Ft. Lauderdale, FL 33309 or by email delivered to [email protected]. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.

9.    What does arbitration mean?

By agreeing to arbitration, we both acknowledge and agree that we are each: (i) waiving the right to pursue any other available dispute resolution processes, including, but not limited to, a court action or administrative proceeding, (ii) waving the right to participate in any class or mass action, (iii) waving the right to a trial by either a judge or jury, and (iv) giving up any right to appeal the arbitrator’s decision, except for a limited range of appealable issues expressly provided in the FAA. This section is considered by the parties to be an integral and non-voidable requirement and part of this Agreement, and the parties agree that prior to signing this Agreement including agreeing to this section they: (1) have had the opportunity to review such carefully, including with their own legal counsel if needed, (2) the parties understand the limitations on legal rights contained in this section including, but not limited to, the waiver of jury trial, the waiver of court proceeding and class actions, and (3) the parties consent and agree that this section is fair, reasonable, represents the intentions of each party at the time of entry into this Agreement, and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.