MoolaByPhone.com Terms & Conditions of Use
Effective: May 29, 2018By accessing the MoolaByPhone.com website (the “Website”), you agree to be
bound by these terms and conditions (the “Terms”). Please read these Terms
carefully. If you do not agree to these Terms, please exit the Website immediately.
Loan Referral Service
Our loan referral service (the “Service”) connects consumers with prospective
lenders participating in our network (the “Lender Partners”). To use the
Service, you must complete an online request form (a “Request Form”) that
requests personal information from you, including your name, address, telephone number, email
address, social security number, bank account information, and employment information. Our
collection and use of this information is subject to the Website’s Privacy Policy, which is incorporated into these Terms.
Credit Decisions
MoolaByPhone.com is not a lender and does not make loans or credit decisions.
MoolaByPhone.com does not guarantee that any Lender Partner will offer you a loan or that any
loan offer will contain any specific loan terms or conditions. MoolaByPhone.com does not
guarantee that the price, product, availability, rates, fees, or any other loan terms offered and
made available by Lender Partners through the Service are the best terms available in the
market.
Once you submit a Request Form, MoolaByPhone.com shares your information with our Lender
Partners. By submitting a Request Form, you understand and agree that you requesting loan offers
from the Lender Partners. You are also agreeing that MoolaByPhone.com and the Lender Partners
may contact you by any means (including email, telephone, SMS, and direct mail) so that they may
assist in processing your Request Form or provide information to you about additional offers now or
in the future.
Lender Partners who receive your Request Form review your information in real-time to determine
whether your information meets the Lender Partner’s underwriting criteria. Lender Partners may use
your Request Form information to perform a credit check. This credit check may be a formal credit
inquiry which leaves a record on your credit report and may affect your credit score (a
“Hard Check”). Or it could be an informal inquiry which will not affect your credit
(a “Soft Check”). These credit checks may be performed through TransUnion, Equifax,
or Experian (the “Big Three”) or they may be performed through other alternative
credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau, or DataX)
that track consumer transactions with lending institutions. By submitting your Request Form, you
agree to allow Lender Partners to review, verify, and research your information in such a manner.
If a Lender Partner determines that your Request Form meets its underwriting criteria, your browser
will be redirected to the lender’s website. You understand and agree that, once you have been
redirected to the lender’s website, MoolaByPhone.com has no further involvement in the loan
registration or decision process. Your interactions with the lender are subject to privacy policy,
terms of use, and other policies or terms enforced by that lender.
Electronic Disclosure
By Submitting your Request Form you agree to receive notifications, disclosures, and other documents
and communications both from MoolaByPhone.com and from our Lender Partners. If you are connected
to a Lender Partner, that lender may require you to execute an electronic loan contract. This
electronic loan contract will be as binding as a loan contract in paper form. And your electronic
signature will be as valid as a physical signature on a paper loan contract.
The lender may also require you to consent to receiving all notifications regarding your loan
electronically. These electronic communications may include attempts to collect a debt.
Additionally, the lender may require you to access documents related to a loan, including your loan
contract. By Submitting your Request Form you agree to this form of access.
The lender may allow you to withdraw your consent to electronic disclosures. Please contact the
lender with whom you were connected to learn more about this process. Please note, however, that not
consenting to receive electronic disclosures may affect your ability to receive a loan from a Lender
Partner.
Accuracy
You represent that the information you provide to MoolaByPhone.com, and ultimately, the Lender
Partners, through your Request Form is accurate and truthful. If the information in your Request
Form is not accurate and truthful, MoolaByPhone.com may deny, suspend, or terminate your use of
the Service.
Control over Features, Functions, and Access to the Service
MoolaByPhone.com may change any information, features, or functions of the Service without prior
notice. MoolaByPhone.com may deny you access to all or part of the Service without prior notice
if you engage in any conduct or activities that MoolaByPhone.com determines, in its sole
discretion, violate these Terms, the rights of MoolaByPhone.com or any third party, or is
otherwise inappropriate. MoolaByPhone.com is not responsible for any errors or delays in
providing Service caused by errors in the Request Form information provided by you or by any
technical problems beyond its reasonable control.
Disclaimers and Limitations
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED
“AS IS.” MoolaByPhone.com EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION,
SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
MoolaByPhone.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE WEBSITE
AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THE WEBSITE OR THE
SERVICE IS AT YOUR OWN RISK.
MoolaByPhone.com OR THE LENDER PARTNERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS,
AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE
PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE
OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MoolaByPhone.com OR THE LENDER PARTNERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
MoolaByPhone.com DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR LENDER.
MoolaByPhone.com IS NOT AN AGENT OF YOU OR ANY PARTICIPATING LENDER. MoolaByPhone.com IS NOT
INVOLVED WITH THE LENDER’S USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A
DETERMINATION ABOUT WHETHER YOU MEET A PARTICULAR LENDER’S UNDERWRITING CRITERIA. THE LENDER IS
SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT MoolaByPhone.com WILL NOT BE
LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THE SERVICE. YOU UNDERSTAND THAT LENDER PARTNERS MAY KEEP YOUR REQUEST FORM INFORMATION, WHETHER OR
NOT YOU ARE QUALIFIED FOR A LOAN WITH THEM.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE
DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF
MoolaByPhone.com, THE LENDER PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Indemnity
As a condition of using the Website or the Services, you agree to indemnify MoolaByPhone.com and
the Lender Partners from and against any and all liabilities, expenses (including attorney’s fees)
and damages arising out of claims resulting from your use of the Website, including any claims
alleging facts that if true would constitute a breach by you of these Terms.
Links to Third Parties
The Website may contain links to other websites operated by Lender Partners or other third parties.
These links are provided for your convenience and reference only. MoolaByPhone.com does not
operate or control in any respect any information, software, products, or services available on such
third party sites. MoolaByPhone.com’s inclusion of a link to a website does not imply any
endorsement of the services or the site, its contents, or its sponsoring organization.
Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Website, to the use of the
Service, or to any acts or omission for which you may contend MoolaByPhone.com is liable
(a “Dispute”), will be settled exclusively by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration Association in effect
at that time. The arbitration will be conducted in Los Angeles, California and judgment on the
arbitration award may be entered into any court of competent jurisdiction. No arbitrator will have
the power to award damages in connection with any Dispute in excess of actual compensatory damages
and will not multiply actual damages or award consequential, punitive, or exemplary damages, and
each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as
an agreement to the joinder or consolidation of an arbitration under this agreement with an
arbitration of disputes or claims of any non-party, regardless of the nature of the issues of
disputes involved.
BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH MoolaByPhone.com
IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS
ACTIONS. BY USING MoolaByPhone.com’S SERVICE, YOU CONSENT TO THESE RESTRICTIONS.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any
instance of any lawsuit between you and MoolaByPhone.com, you agree that jurisdiction over and
venue of any suit will be exclusively in the state and federal courts sitting in Los Angeles,
California. You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the services must be filed within one year after such
claim or cause of action arose or be forever barred.
SMS Terms & Conditions
By providing a mobile phone number you are opting in to communications via SMS from
MoolaByPhone.com and the Lender Partners. These communications may include a follow-up SMS
message containing a link to your completed loan Request Form, payment reminders from Lender
Partners, and future offers.
For additional support: [email protected]
Message and Data Rates May Apply. Under no circumstances will MoolaByPhone.com be responsible for
fees that your wireless carrier or other third parties may charge you for use of this service.
Messages may be delayed or undelivered for various factors. Carriers are not liable for delayed or
undelivered messages.
Other Terms
These Terms constitute the entire agreement between you and MoolaByPhone.com. These Terms will be
governed by the laws of California without regard to its conflict of law principles. If any part of
these Terms is determined unenforceable pursuant to applicable law, then the invalid and
unenforceable provision will be deemed superseded by a valid and enforceable provision that most
closely connects the intent of the original provision and the remainder of these Terms will remain
in effect. Any failure by MoolaByPhone.com to exercise or enforce any right or provision of
these Terms will not be deemed a waiver of such right or provision. MoolaByPhone.com may amend
these Terms at any time by posting the amended terms on its website. All amended terms are
automatically effective immediately upon posting.
Questions
You may direct any questions concerning these Terms to:
MoolaByPhone.com
1125 E. Broadway #545,
Glendale, California 91205