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Terms of Use - Arbitration Agreement - Privacy Policy

 844-5 Call Loans .comtm and Check Loans brand loans are marks owned by Mossycup Financial LLC 
 All rights are reserved worldwide.  ​​​Copyright 2016.

844-5-Call-Loans and Check Loans are divisions of Mossycup Financial LLC

Call Loans Privacy Policy

Effective Date: June 1, 2016

Privacy Policy

844-5-Call-Loans.com and Check Loans (Call Loans) is strongly committed to respecting the privacy rights of its users. The following privacy policy (known as, 'Privacy Policy') was created to demonstrate our information gathering practices and to ensure the protection of your privacy.

If you do not agree with the terms of this Privacy Policy, please do not use or access the website. This applies whether the website is accessed via a personal computer, a mobile device or other technology hereafter developed or discovered.

By submitting your information to this website, you agree to this Privacy Policy in its entirety; you also acknowledge and warrant that you are at least 18 years old, a resident of the United States and are otherwise legally qualified to enter into and form contracts under applicable law.

Information We Collect

Personally Identifiable Information

Call Loans collects several types of information that may identify a particular individual ('personally identifiable information'). Call Loans collects personally identifiable information when you provide it to us through your use of this site, such as completing one or more steps of an application form to apply for a loan from a lender participating in our lender network. The types of personally identifiable information we collect include your name, telephone number, email address, date of birth, driver's license number and state, employment information, active military information, amount and frequency of pay checks, and information about your banking account. 

We NEVER ask for your social security number on our website!

Non-Personally Identifiable Information

Call Loans utilizes the use of cookies to assign a unique identifier to your computer. Cookies may be used to help save information on past user activities and other preferences, so that you are not required to re-enter information each time you visit this website, and to deliver content specific to your interests. No personally identifiable information is gathered by cookies. The types of non-personally identifiable information that we collect, either directly or through the use of 'cookies' include: IP addresses, Internet Service Provider (ISP), date/time stamps, number of clicks, user information regarding which pages and links our visitors access, and browser types and language.

Call Loans may share this non-personally identifiable information only in summary form with its partners for the purpose of aggregate web site statistical and trend analysis. This information is not associated to any personally identifiable information that can identify an individual person.

How We Use Your Information

Call Loans uses the information you provide to us through this site to deliver the products and services you request on this site, provide you with customer support, verify or review your application information to determine whether it meets eligibility requirements for making a loan to you, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you from us; display advertising tailored to your interests or background, perform data and statistical analysis on use of the website, enforce our Terms Of Use, and perform any functions otherwise described to you at the time we collect the information.

We may also review your financial information and social security number to verify your identity and protect against possible fraudulent transactions.

Disclosing Personally-Identifiable Information

Call Loans may share your personally identifiable information (including, without limitation, your financial account information and social security number) with no one, save for businesses that may purchase our business or businesses that we may acquire.  Those acquiring or acquired lenders may use your personally identifiable information to offer you a personal loan or to communicate with you about other business or promotional offers.

Any acquiring or acquired lenders with whom we share personally identifiable information may have their own policies which describe how they use and disclose your information. Those policies will govern the use, handling and disclosure of your information once we have transferred or shared it with those lenders as described in this policy or our Terms of Use.

Call Loans will disclose your personally identifiable information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement agency or other government agency; to establish or exercise our legal rights; to defend against legal claims; or otherwise required by law. We will disclose your personally identifiable information when we believe disclosure is necessary to investigate, prevent, or take action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property, or safety of our company, our employees, our website users, or others; or to enforce our website terms and conditions or other agreements or policies.

Your Choices About The Use Of Your Information And Opting Out

By submitting an application to this site, you certify that you are at least 18 years old and agree to both the Terms of Use and Privacy Policies that govern this site. You can choose not to provide us with certain personal information, however doing so may result in limited access to certain features and services provided on this site and affect your ability to obtain a loan.

If you wish to delete the personal information that we have collected from you, please send an email request to laura@844-5-Call-Loans.com. We will process your request, where possible and subject to the terms and conditions contained in this Privacy Policy, within a reasonable amount of time. Federal and State regulations and/or the need to administer our relationships others. In order to comply with these requirements, your information may be stored until the expiration of the applicable period. We will use reasonable commercial efforts to protect your personal information no later than three (3) months after receiving your request, unless a longer retention period is required by law. Any request to remove personal information will apply to information held by Call Loans, and not information already shared with with others under this Policy. The treatment of such information is governed by those parties' Privacy Policies, not by this Privacy Policy.

When you submit your information on Call Loans, you may receive email or text messaging. You will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. You may also opt out of receiving commercial emails by sending us an email at Laura@855-5-Call-Loans.com or by using the 'Unsubscribe' link (if available) on our site. Please allow for up to 10 business days for your request to be to processed. If you remove your information from our database it will no longer be used for secondary purposes, disclosed to third-parties, or used by us or third-parties to send promotional correspondence to you. If your information has already been shared with a third party, it may be necessary to contact the third party directly to opt out of receiving information from them.

California Privacy Rights

California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits users who are residents of California to request and obtain once a year, free of charge, information about the information (if any) that was disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information with in the preceding calendar year. If you are a California resident and would like to make a request, please submit your request in writing to Laura@844-5-Call-Loans.com.

Wireless Privacy Rights

We may use personal information you've provided on this site to administer the services you've requested, including wireless services that display customized content and advertising. In addition to any fee of which you are notified of, your wireless provider's standard message rates apply to our confirmation and all subsequent SMS correspondence. You may opt out from further SMS messages and remove your SMS information from our database by responding 'STOP', 'END' or 'QUIT' to the SMS certain text messages you received. If you remove your SMS information from our database it will no longer be used by us for secondary purposes, disclosed to third-parties, or used by us or third-parties to send promotional correspondence to you.

Security - How We Protect Your Information

Call Loans takes appropriate and reasonable security measures to help safeguard your personal and sensitive information. The information you enter into this website is protected using industry-compliant 256-bit encryption technology, keeping your information safe from unauthorized access, use, modification and disclosure. Transmission is also secured by secure socket layer technology (SSL). Please be advised that, although we take every reasonable technological precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure.

Changes to This Privacy Policy

Changes to this Privacy Policy will be posted on the Call Loans web site. The 'Effective Date' or 'Last Updated' date at the top of this policy will indicate when a change has been made. Any and all changes to this Privacy Policy are effective immediately upon posting. You should review this Policy each time you access the web site. The user's continued use of the website and/or continued receipt of "Call Loans" emails constitutes an affirmative acceptance by the user to the terms of the modified Privacy Policy.

Contact

If you have questions, comments or concerns regarding this Privacy Policy, please write to us via email at Laura@844-5-Call-Loans.com or on the Contact Us page (button above) of this website. 

Mossycup Financial LLC does business as 844-5 Call Loans.com and Check Loans.  

844-5-Call-Loans.com and Check Loans (all “Call Loans”) Website Terms of Use

By accessing Call Loans and using the services available on this site, applying for a loan and/or receiving a loan concerning Call Loans, you agree to be bound by the Terms of Use below. Please read these terms carefully. If you do not agree to these terms, do not access or use this website.


Text and Credit Information


By applying for, making inquiry about and/or receiving a loan I authorize Call Loans to receive and exchange credit information in connection with this request and be contacted by text.  I also authorize Call Loans to contact me via text on all approved loans.  

Loans

Call Loans is a lender.  To be considered for a loan, you must complete an online application form that requests specific information from you, including, but not limited to, your name, address, telephone number, email address, social security number, banking account information, and employment information. You must also appear in person at our office to obtain a loan if you are approved for a loan.  Call Loans' collection and use of this information is subject to this site's Privacy Policy below. By using this website or services offered on this website, you also agree to the terms and conditions set forth in the Privacy Policy. If you do not agree to these Terms of Use or the separate Privacy Policy, please do not use this site.  By submitting an application for a loan to us, you consent to allow us to access your credit report to determine if you are eligible for a loan with us.

Once a consumer submits the application form on this site, Call Loans does not share your information. By submitting the application form, you understand and agree that you are submitting an inquiry about a loan product to Call Loans. By submitting the application form, you are extending an express invitation to Call Loans to contact you or your references by any means (including, without limitation, email, telephone, text and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.

Call Loans will review your information in real-time to determine whether your information meets its loan qualification criteria. By submitting the application form, you expressly authorize Call Loans to, among other things, verify your social security number, perform a credit check, and review your information against national databases that track consumer transactions with lending institutions. By submitting the application form you also expressly authorize us to review your credit history for the purpose of evaluating you for credit.  We NEVER ask for your Social Security number online!  Do not provide your Social Security Number online!

If Call Loans’ determines that your application meets its loan qualification criteria, Call Loans will ask you to come to our office and provide identification, a social security card or visa, evidence/verification of employment and address, three items of collateral and contact information for 4 references who do not live with you.

Call Loans does not guarantee acceptance for any particular loan or specific loan terms and conditions.

Call Loans reserves the right to change any information, features and/or functions of the loan application or criteria without prior notice. Call Loans may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that Call Loans determines, in its sole discretion, violate these Terms of Use, the rights of Call Loans or any third party, or is otherwise inappropriate. Call Loans is not responsible for any errors or delays in providing loan services caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.

Disclaimers and Limitations

This website and the information, software, products and services associated with it are provided 'as is.' Call Loans expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website and any information, software, products provided herein, including without limitation the warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Call Loans makes no warranty as to the results that may be achieved by using this website and the information, software, products and services associated with it.

Use of this website and/or its services is at your own risk. Call Loans and/or its parent or subsidiary entities, legal entities or their advertisers or any of their officers directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers (“Group”) 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 this website and/or its services with the delay or inability to use this website, or for any information, software, products and services obtained through this website, or otherwise arising out of the use of this website, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Call Loans or its Group have been advised of the possibility of damages.

Call Loans makes no representation that materials on the site are appropriate or available for use in locations other than in Texas, USA. Those who choose to access Call Loans from outside this area do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

Indemnity

As a condition of using this web site and/or the services offered herein, you agree to indemnify Call Loans and its Group against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use.

Links to Third Parties

This web site may contain links to other web sites operated by participating lenders or other third parties. Such links are provided for your convenience and reference only. Call Loans does not operate or control in any respect any information, software, products or services available on such third party sites. Call Loans' inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Trademark and Intellectual Property

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the site, are registered and unregistered Trademarks of Call Loans or its parent or subsidiary legal entites. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any content on the site without the written permission of Call Loans.

Other Terms

These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and Call Loans. 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 matches the intent of the original provision and the remainder of these Terms of Use will remain in effect. Any failure by Call Loans to exercise or enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.  These Terms of Use apply to any entity which acquires or is acquired by Call Loans or its parent, subsidiary, legal, owner, members, shareholders or dba entities in any form. 


Law and Jurisdiction.  Subject to the Arbitration Agreement below, any Dispute in a court of law save for temporary restraining order, preliminary injunction or collection or enforcement of award by Call Loans or its Members, but including and not limited to requirements for arbitration or issues of standing, venue, personal and subject matter jurisdiction, or appeal (save for appeal to the Supreme Court of Texas) by a customer (and customer's heirs, assigns or designee, all "Group"), will be brought only and exclusively in the federal and state courts of Houston, Harris County Texas. Customer and its Group submits to personal and subject matter jurisdiction and venue in the federal and state courts in Houston, Harris County, Texas.  Customer and its Group will dismiss any other action brought in any other court at the request of Call Loans and/or any of its Members and will pay reasonable attorney’s fees and costs of the other Call Loans and/or its Members incurred in enforcing any dismissal. 

     
Call Loans may amend these Terms at any time by posting the amended terms on its web site. Your continued use of the site after any modification will act as an agreement to the Terms of Use as modified. All amended terms are automatically effective immediately, upon posting.

844-5-Call-Loans.com and Check Loans are trademarks of Mossycup Financial LLC.   All rights are reserved.   Mossycup Financial LLC does business as 844-5-Call-Loans.com and Check Loans.   



Arbitration Agreement

Creditor:

Mossycup Financial LLC
dba Check Loans
dba 844-5 Call Loans .com

2120 S. Wayside Drive – G Houston, Texas 77023

(all "Call Loans" or "Check Loans")


Customer:

Is  I and/or me, or the person using this website, making inquiry of Check Loans or receiving a loan from Check Loans

Please Read this Arbitration Agreement Carefully

By using this website, making inquiry of Check Loans or receiving a loan from Check Loans, I understand and agree that for any and all Disputes or Claims arising out of or relating to the Transactions described below,

I am giving up my right to go to court;


I am giving up or limiting my rights that might be available in a judicial proceeding such as the right to compel testimony and the right to appeal he decision on such Claims;

I am giving up my rights to join as a class representative or class member in any Class Action or Class Arbitration that I may have against you.

Definitions

Arbitration Agreement refers to this contract mandating Arbitration of Claims arising from or relating to the Transactions described below.

Arbitration refers to a way of deciding disputes by a neutral person called an arbitrator. An arbitrator follows less formal procedures than a judge in court does. An arbitrator decides the dispute with a binding award, meaning the award has the same obligatory effect as a decision by a court. A court may enforce an arbitration award, but a court's review of an arbitration award is limited.

Claims refer to any and all claims, disputes, or controversies based on contract, tort, statute, or otherwise between you and me about our respective rights, duties, obligations and liabilities arising out of or relating to the Transactions described below. Claims also refer to questions about if something is a Claim, how to conduct the Arbitration, and the interpretation of this Arbitration Agreement.

Class Action refers to a lawsuit involving a large group of people with similar claims against the same persons or companies.

Class Arbitration refers to an Arbitration involving a large group of people with similar claims against the same persons or companies.

You and your refer to Creditor identified above, its employees, agents, successors, and assigns.

I and me refer to any and all individuals and entities identified above as "Customer(s)", their employees, agents, successors, and assigns.


Transactions refer to:

 Any and all past, present, and future transactions and agreements between you and me in which

I am or may become obligated to you and all related documents.

 The following specific transactions and agreements between you and me and all related documents:

Agreement to Arbitrate

At your or my election, any Claims between you and me that arise out of or relate to the Transactions are to be decided by neutral, binding Arbitration. Also, to the extent allowed by law, the validity, scope, and interpretation of this Arbitration Agreement is to be resolved by neutral, binding Arbitration.

Waiver of Class Action and Class Arbitration

If you or I choose to arbitrate a Claim, you and I agree that no trial by jury or by judge and no other judicial proceeding, including Class Action proceedings, take place. You and I also agree that Claims are to be heard and decided by one arbitrator only, only on an individual basis, and not as Class Arbitration.

Arbitration Providers and Their Rules

For the Arbitration, you or I may choose one of the following arbitration providers with its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), and the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.adrforum.com). You can get a copy of the rules of these arbitration providers by contacting them or by visiting their respective websites.

Place of Arbitration and Costs

The Arbitration hearing must be carried out in the federal judicial district where I live, unless you and I agree otherwise. If Arbitration begins, you shall advance any filing, administrative, commencement, service, or case management fees and arbitrator or hearing fees up to a total amount of $ $350.00 . I understand and agree that I may have to repay you later for part or all of the amount you have advanced. Each of us is responsible for the fees of our own attorneys, experts, witnesses, and other costs of Arbitration. The arbitrator may decide, however, who is finally responsible for these fees and costs as provided by law.

Arbitrator's Authority

The arbitrator must be a lawyer or a former judge. The arbitrator shall follow substantive law in making an award. The arbitrator has the authority to order specific performance, compensatory damages, punitive damages and any other relief allowed by applicable law. Other than the grounds for review under the Federal Arbitration Act, the arbitration award is final and binding on all parties. Any court having jurisdiction may enforce the arbitration award.

Preservation of Remedies

You or I can do the following without giving up the right to require Arbitration:

To seek remedies in small claims court for Claims within that court's jurisdiction, unless these Claims are transferred, removed, or appealed to a different court. If so, either you or

I can require the transfer of these Claims to Arbitration;

To seek judicial provisional remedies;

To exercise self-help remedies and to take measures that do not involve a court or Arbitration, including, but not limited to, setting off against a deposit account and repossessing property; and

To exercise foreclosure against any real or personal property, collateral, or other security.

Governing Law

The Federal Arbitration Act (9 U.S.C. § 1 et. seq.) governs this Arbitration Agreement, and not any state law concerning Arbitration, including state law arbitration rules and procedures.


General Terms

This Arbitration Agreement


Is made under Transactions involving interstate commerce;

Is the entire agreement between you and me on Arbitration, replacing all previous written and oral negotiations and agreements between you and me on Arbitration, and it may be changed only by a signed written agreement between you and me.

If any part of this Arbitration Agreement is not enforceable, the rest is enforceable; but if the waiver of class action rights is unenforceable, this entire Arbitration Agreement is unenforceable.

The paragraph headings are solely for convenience and not for interpreting this Arbitration Agreement; therefore, they have no legal meaning.


Waiver Of Right To Trial By Judge Or By Jury


By signing this Arbitration Agreement, you and I understand and agree that

You and I have a right to have Claims decided by a trial by judge or by jury, but if you or I so elect, you and I prefer to have them decided by an arbitrator;

We are obligated by all the Arbitration Agreement terms; and

We explicitly and knowingly give up our rights to trial by judge or by jury to the extent that you or I elect to have Claims decided by Arbitration, unless the law says otherwise.