Terms & Conditions

Introduction

You are visiting a website owned and operated by Affinity Next LLC, (“LoanPersona,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of this website, including any affiliated sites operated by LoanPersona and its subsidiaries, where these Terms are posted (collectively, the “Site” or “Website”), as well as the products, services, features, and content made available through them (collectively, the “Services”). By accessing, browsing, or using the Site or Services, you acknowledge and agree that you have read, understood, and consent to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. You further represent and warrant that, to the fullest extent required under applicable state and federal laws, you have been provided with and agree to any legally required disclosures and consents. Certain Services offered through the Site may be subject to additional terms, conditions, or disclosures. By choosing to proceed with any such Service, you confirm that you have read, understood, and agree to be bound by any such additional terms, which are incorporated into these Terms by reference.

Agreement

By accessing, browsing, or using this Website or any affiliated sites or Services, you expressly acknowledge and agree that:

Binding Agreement: You have read, understood, and agreed to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference.

Legal Disclosures and Consent: To the fullest extent required by applicable state and federal law, you acknowledge that you have been provided with all necessary disclosures, have received them in a legally sufficient manner, and consent to all required terms and practices described therein.

Eligibility You confirm that you are at least 18 years of age (or the age of legal majority in your jurisdiction), and that you are not prohibited by law from accessing or using any of the Services provided through this Website.

In addition, certain Services offered through the Website may be governed by additional terms and conditions specific to those Services. By proceeding with the use of such Services, you agree that you have reviewed, understood, and accepted any supplemental terms applicable to that specific Service. If you do not agree to these Terms in full, you must not access or use the Website or any Services provided herein.

Modification

We reserve the right, at our sole discretion, to update, modify, or replace these Terms at any time. Any changes will be posted to this Website, and the “Last Updated” date at the top of this page will reflect the date of the most recent revision. Unless otherwise stated, revised Terms will become effective seven (7) days after they are posted. In the event of material changes (such as updates that affect your rights or obligations) we may provide additional notice, such as by email or a prominent notice on the Website. We encourage you to review these Terms periodically to stay informed of any updates. Your continued access to or use of the Website or Services after the effective date of any changes constitutes your acknowledgment and acceptance of the modified Terms.

If you do not agree to any amended terms, you must discontinue your use of the Website and Services immediately.

Eligibility

The Services offered on this Website are intended solely for use by individuals who are at least 18 years of age and are legal residents of the United States. By accessing or using this Website, including applying for or utilizing any of its Services, you represent and warrant that:

• You are 18 years of age or older;
• You are a legal resident of the United States;
• You are legally capable of entering into a binding agreement; and
• You are not prohibited from using the Services under any applicable law or regulation.

Please note that not all Services described on this Website are available in all geographic locations or jurisdictions. Eligibility for specific Services is subject to final approval and determination by LoanPersona, its affiliates, and/or its lending and service partners. We reserve the right to deny or restrict access to the Website or any Service at our sole discretion, without prior notice, for any reason, including but not limited to violations of these Terms.

Authorization to Obtain Credit Reports and Verify Information

By submitting a loan request through this Website, you provide your express written consent under the Fair Credit Reporting Act (FCRA) authorizing LoanPersona and its affiliates, as well as any third-party lenders, service providers, or financial partners with whom your request is shared (collectively, “Authorized Parties”), to obtain and review information about you from one or more consumer reporting agencies. This includes, but is not limited to, your consumer credit report, credit score, and related credit information from agencies such as Experian, TransUnion, Equifax, Clarity Services, Array, or other recognized credit bureaus.

These Authorized Parties may use this information for the following purposes:

• To verify your identity and eligibility;
• To provide personalized loan quotes or offers;
• To conduct a creditworthiness assessment as part of a loan decision;
• To comply with applicable legal, regulatory, or underwriting requirements.

In addition, you acknowledge and agree that these parties may use third-party identity verification services to validate the accuracy of the information you provide, including but not limited to your Social Security number, current and previous addresses, phone numbers, bank account details, and employment history. Obtaining a credit report does not guarantee approval for any loan or service, and your credit may be pulled by multiple parties depending on the number of lenders reviewing your application.

Services Offered by this Website

Online Marketplace for Lenders and Other Providers

This Website operates as a digital marketplace that connects consumers with third-party lenders, non-lender financial service providers, and other entities (collectively, “Network Partners”). By clicking “Submit” or any similar button indicating your intent to proceed, you represent and warrant that all information provided in your loan request form is accurate, truthful, and complete to the best of your knowledge.

Network Partners participating in our platform utilize proprietary filters, eligibility criteria, and bid strategies to identify the types of consumers with whom they wish to connect. These Network Partners also determine the compensation they are willing to pay LoanPersona in exchange for the opportunity to present offers to qualifying consumers. This compensation may influence the order or manner in which offers are presented to you.

Upon submitting your loan request, LoanPersona transmits your information in real time through our automated network, which may result in the request being connected to a Network Partner. If connected, you will be redirected to that Network Partner’s website, where you may be presented with a loan offer or other related product or service.

If your request is not accepted by any Network Partner, we may:

• Present you with an option to resubmit your request;
• Offer you information on alternative products or services; or
• Share your contact information with trusted third-party marketers or service providers who may contact you via email or text/SMS to present relevant offers (message and data rates may apply).

Tribal Lender Disclosure

By submitting your loan request, you may be matched with a tribal lender or marketplace lender. Tribal lenders operate under the authority of sovereign tribal nations and may claim exemption from state laws governing licensing and interest rate limitations. This means that loans offered by tribal lenders may carry higher rates and fees compared to state-licensed lenders, and may also require arbitration or dispute resolution in a tribal jurisdiction.

You are strongly encouraged to thoroughly review and fully understand the terms and conditions of any loan offer and to reject any offer you cannot afford or find unacceptable. By using this Website, you acknowledge and agree that you have read and understood this disclosure.

We Are Not a Lender

LoanPersona is not a lender, loan broker, financial institution, or agent of any lender or financial institution. This Website does not constitute an offer or solicitation to lend. We do not make credit decisions, originate loans, or guarantee approval or loan terms. LoanPersona collects and transmits your personal and financial information to Network Partners who may provide loan offers or related products. Your information may also be shared with non-lenders or intermediary providers to facilitate a connection with a lender. Submitting your information does not guarantee:

• That you will be connected with a lender;
• That you will be approved for a loan;
• That you will receive the loan amount requested; or
• That the loan will be available in your state or jurisdiction.

Loan amounts, terms, funding timelines, and lender availability may vary. If a lender does not operate in your state, you will not be connected with that lender. For any questions regarding a loan product or decision, you must contact the lender directly.

Advertiser Disclosure

LoanPersona provides this service free of charge to you. However, we may be compensated by lenders, non-lenders, and third-party providers for each lead or referral we deliver. Your use of this Website constitutes your understanding and agreement to this compensation structure. We do not endorse, recommend, or guarantee the products, services, or practices of any particular Network Partner. You are solely responsible for evaluating loan offers, determining suitability, and selecting the lender or provider that best fits your financial situation. We do not guarantee that offers presented are the best available in the market.

Requests for Other Products and Services

In addition to loan-related services, LoanPersona may offer or allow you to request additional products or services that align with your interests. These may include, but are not limited to:

• Debt consolidation or settlement services
• Auto title loans
• Credit card offers
• Health, life, or other insurance products
• Credit monitoring or repair services

By submitting your information, you consent to receiving offers and marketing communications for these ancillary services when applicable.

Not Professional Advice

The information, content, and services provided by LoanPersona are offered solely for your convenience and do not constitute financial, legal, medical, or professional advice. We make no representations or warranties regarding the suitability, reliability, or accuracy of any content or service. You should not rely on any information provided by this Website as a substitute for consultation with a qualified professional. Always seek advice from a licensed professional regarding your financial decisions. Never disregard or delay seeking professional advice because of something you have read or encountered on this Website. No fiduciary or professional-client relationship is formed between you and LoanPersona through the use of this Website or any of our Services.

Data Sharing with Lenders, Providers, Non-Lending Financial Institutions, and Third Parties

When you voluntarily submit your loan request or provide any personal information through this Website, you acknowledge and agree that LoanPersona will share the information you provide with third-party lenders, service providers, non-lending financial institutions, and other affiliated entities (collectively, “Network Partners”). These Network Partners may collect, store, and use the information you provide, including data from your loan request form and any other information obtained during the processing of your application or related services. Network Partners may retain this information regardless of whether you qualify for, accept, or ultimately receive a loan or other products and services.

By submitting your information, you expressly consent to LoanPersona and the selected Network Partners sharing your personally identifiable information for purposes including, but not limited to:

• Providing the products and services you request;
• Responding to litigation, regulatory inquiries, or law enforcement requests;
• Conducting internal analytics and performance assessments;
• Marketing and promotional communications

Your consent is a necessary part of using our Services and enables us to connect you with the appropriate providers efficiently and securely.

Consent to Receive Communications Electronically

By submitting a loan request on or through this Website, you expressly consent and agree to receive all legally required disclosures, notices, and other communications electronically, in accordance with the terms of our Electronic Consent (“E-Consent”). Network Partners and Affinity Next LLC are required by law to provide you with certain disclosures and communications related to your loan request or any services offered. These may include, but are not limited to:

• Information regarding the status of your loan request;
• Requests for additional information or clarification regarding your application;
• Federal and State Truth-in-Lending disclosures;
• Terms, conditions, agreements, and other contractual documents; and
• Privacy policies of LoanPersona and its Network Partners.

You acknowledge that electronic delivery is a valid and effective means of receiving these documents and that you have the right to receive any document in a non-electronic format upon request. If you wish to withdraw your consent to receive electronic communications at any time, or if you no longer want to receive communications from LoanPersona or its Marketing Service Providers, you may do so by:

• Contacting us via email at [email protected], or
• Using the opt-out mechanism provided in the communications you receive from us.

Consent to Receive Communications, Telephone Calls, and SMS Messaging

By submitting your information on our Website and providing your consent, you agree that LoanPersona, its affiliates, Network Partners, and designated Marketing Service Providers may contact you via telephone calls and/or SMS/text messages at the phone numbers you provide, including both landline and cellular numbers. This consent includes calls or messages made using automated dialing systems or pre-recorded messages, even if your number is listed on any federal, state, or local Do-Not-Call registry. Standard message and data rates may apply for SMS communications.

If you wish to withdraw your consent and opt out of receiving future communications from LoanPersona, and its Marketing Service Providers, you may do so at any time by:

• Using the opt-out mechanism provided in the communication you receive, or
• Contacting us directly via email at [email protected]

Copyrights and Trademark

All content on this Website—including, but not limited to, software, graphics, text, design elements, images, illustrations, databases, user interfaces, visual and audio components, structure, arrangement, products, and information (collectively, the “Content”)—is owned, controlled, or licensed by LoanPersona and/or its licensors. This Content is protected by U.S. and international copyright laws, trademark laws, patent laws, trade secret protections, and other intellectual property and unfair competition laws.

Except as expressly permitted by LoanPersona in writing, no part of this Website or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, distributed, modified, framed, mirrored, or otherwise used in any manner without the prior written consent of LoanPersona.

Privacy

Your privacy is important to us. LoanPersona employs industry-standard security measures and best practices to protect your personally identifiable information (“PII”) from unauthorized access, disclosure, alteration, or destruction. For detailed information about how we collect, use, and safeguard your information, please review our full Privacy Policy.

Disclaimers and Limitation of Liability

No Warranties

LoanPersona provides this website, including all information, content, functionality, products, and services available through it, on an “as is” and “as available” basis, without warranties of any kind—express, implied, or statutory. To the maximum extent permitted by law, LoanPersona expressly disclaims all warranties, including but not limited to: (i) implied warranties of merchantability; (ii) fitness for a particular purpose; (iii) non-infringement; (iv) accuracy, reliability, or completeness of any information; (v) availability or timeliness of service; (vi) any warranties arising out of course of dealing, usage, or trade practice.

No Responsibility for Third Parties

LoanPersona is not responsible for, and disclaims all liability related to: (i) the conduct, acts, or omissions of any network partner or third-party service provider; (ii) the accuracy or legality of any quotes, loan offers, or services provided by network partners; (iii) any failure by a network partner to contact you, approve you, fund a loan, or perform under any agreement; (iv) any dispute, transaction, or relationship between you and any network partner or other third party.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall LoanPersona, its affiliates, officers, employees, agents, network partners, or marketing service providers be liable to you or any third party for: (i) any indirect, incidental, special, consequential, exemplary, or punitive damages; (ii) damages for lost profits, lost data, business interruption, loss of goodwill, computer failure, unauthorized access to or loss of personal information; (iii) or any damages arising from or related to your access to, use of, or inability to use this website or any service offered through it. Without limiting the foregoing, the total liability of LoanPersona for any claim arising out of or relating to this website or these terms shall not exceed one hundred dollars ($100.00 USD).

Indemnification

As a condition of your access to and use of this Website and/or any services provided by LoanPersona, you agree to indemnify, defend, and hold harmless LoanPersona, its officers, directors, employees, agents, affiliates, subsidiaries, Marketing Service Providers, Network Partners, licensors, and service providers from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and legal costs, arising out of or relating to:

• Your use or misuse of the Website or any services provided through the Website;
• Your violation of these Terms and Conditions or any applicable law or regulation;
• Any content or materials submitted, posted, transmitted, or otherwise made available by you through the Website;
• Any misrepresentation, fraud, or negligence by you in connection with your use of the Website;
• Any interaction, transaction, or dispute between you and a Network Partner or any third party arising from your use of this Website.

Notice of Claim Requirement

Before initiating any legal action or arbitration concerning a dispute arising out of your use of this Website or services provided by LoanPersona, you agree to provide us with a written notice of your claim. Please send your notice by email to [email protected] and via certified mail to:

Dispute Resolution and Binding Arbitration

You agree that any dispute, claim, or controversy arising out of or relating to your use of this Website, the Services, the Content, or these Terms shall be resolved solely through final and binding individual arbitration, rather than in court. This arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Sheridan, Wyoming, unless otherwise agreed in writing.

You acknowledge and agree that:

• You are waiving your right to a jury trial;
• You may not participate as a plaintiff or class member in any class, representative, or consolidated proceeding.

Jurisdiction and Governing Law

This Agreement shall be governed by the laws of the State of Wyoming, without regard to conflict of law principles. If for any reason a Dispute proceeds in court rather than arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in State of Wyoming.

Time Limit to Initiate a Dispute

Any claim or cause of action you may have arising out of or related to the Website, Services, or Content must be initiated within one (1) year from the date the claim arose or the date on which you reasonably should have discovered it. Otherwise, such claim is permanently barred.

No Class Action

To the fullest extent permitted by law, you and LoanPersona agree that any dispute resolution will be conducted solely on an individual basis and not in a class, consolidated, or representative action. You understand and agree that you are waiving your right to participate as a plaintiff or class member in any purported class action, class arbitration, private attorney general action, or other representative proceeding.

DMCA Notice

In accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), if you believe that any content on this Website infringes upon a copyright you own or control, you may submit a properly formatted notice of claimed infringement to our designated agent at: Affinity Next LLC Email: [email protected]

California Consumer Notice

Pursuant to California Civil Code Section 1789.3, California users of this Website are entitled to the following consumer rights notice:

Miscellaneous

Section titles and headings in this Agreement are for reference only and have no legal or contractual effect. If you have any questions, concerns, or feedback about these Terms or the services provided, please contact us at: [email protected].