Terms of Service

Effective date: ____________________ | Version: 1.0

DRAFT — PENDING COUNSEL REVIEW

Please Read This First

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

By using our Services or submitting our form, you agree that:

The full terms are in section 13. Please read it.

These Terms of Service ("Terms") are a contract between you and WeLead LLC, a Wyoming limited liability company doing business as BorrowExperts, registered at 30 N Gould St, Ste N, Sheridan, WY 82801 ("BorrowExperts", "we", "us"), governing your use of borrowexperts.com and any BorrowExperts-branded page or form (the "Services"). By accessing or using the Services, or by submitting any form, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

We are an advertising and matching service. We are not a lender.

  • We are not a bank, credit union, lender, loan broker, credit repair organisation, credit counsellor, or financial adviser.
  • We do not make credit decisions, approve or deny applications, set interest rates, fees or terms, or fund loans.
  • We do not charge consumers any fee. Our Services are free to you. We are compensated by the lenders and lead purchasers we transmit enquiries to ("Marketing Partners"). See our Advertiser Disclosure.
  • Submitting our form is an enquiry, not a loan application, and does not mean you have been approved or pre-approved for anything.
  • We do not guarantee that you will be contacted, matched, offered a loan, or approved, or that any offer will be on any particular terms.
  • Any rates, terms, payment amounts or examples shown on the Services are illustrative only, are not offers, and are not personalised to you. Actual terms are set solely by the lender and depend on your circumstances and creditworthiness.

To use the Services you must be at least 18 years old (or the age of majority in your state, if higher), a legal resident of the United States, and legally capable of entering into contracts. The Services are not offered in [EXCLUDED STATES — to be completed from the 50-state licensing review].

By submitting an enquiry you represent that:

  • All information you provide is true, accurate and complete, and relates to you
  • The telephone number you provide is your own number and you are authorised to give consent for it
  • The Social Security number you provide is your own, and you are not submitting another person's Social Security number or other identifying information
  • Any bank account and routing number you provide is for an account you own, and you are authorised to provide it
  • You are not providing information on behalf of another person without their authority
  • You are requesting to be contacted about loan products

You authorise us to transmit, sell and share the information you submit to Marketing Partners as described in the Privacy Policy, and you acknowledge that they will contact you.

Consent to be contacted is not a condition of using the Services or of receiving results. If you do not wish to be contacted by automated means, you may still contact lenders directly.

Some Marketing Partners require your bank routing and account number so that they can verify your account and, if you go on to take a loan with them, fund it. Where that is the case we collect those details later in our form and pass them to the Marketing Partner with the rest of your enquiry.

We never debit your account, take a payment from you, or charge you a fee. Our service is free to you, and we are paid by the Marketing Partners. We will never ask you to pay anything to obtain a loan or to improve your chances of an offer. If anyone contacts you claiming to be BorrowExperts and asks you for a payment, a gift card, or a fee of any kind, it is not us — please report it to us at [PRIVACY EMAIL].

We do not ask for, and you should never give us, your online banking username, password or one-time security code.

[COUNSEL: please confirm this section, and advise whether any additional disclosure or authorization is needed at the point bank details are collected — in particular whether we need an ACH or NACHA-style authorization even though we never originate a debit ourselves.]

We do not obtain a consumer report, perform a credit check, or make any inquiry on your credit file. Any credit score information you give us is self-reported by you. Marketing Partners may perform their own soft or hard credit inquiries under their own terms and disclosures, and a hard inquiry may affect your credit score. That is their action, not ours.

You may not:

  • Submit false, fraudulent, or another person's information
  • Use the Services for any unlawful purpose
  • Use automated means to access, scrape, harvest or copy the Services
  • Attempt to gain unauthorised access to any system, or interfere with the operation of the Services
  • Reverse engineer, decompile, or attempt to derive the source code of the Services
  • Reproduce, distribute or create derivative works from any part of the Services without our written permission
  • Use our name, logo or trade marks, or bid on them in paid search, without our written permission

The Services and all content, design, text, graphics, logos and software are owned by us or our licensors and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to access the Services for your personal, non-commercial use.

The Services contain links to and transmit information to third parties we do not control. We are not responsible for the content, products, services, acts or omissions of any Marketing Partner or other third party, including any loan they offer, any communication they send you, any decision they make, or their handling of your information. Your dealings with them are solely between you and them.

By providing your email address and telephone number you consent to receive communications from us electronically in accordance with our Electronic Communications and E-SIGN Consent. To opt out, see section 5 of the Privacy Policy and our Do Not Call Policy.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure or error-free, that information on the Services is accurate, complete or current, or that you will be matched with any Marketing Partner or receive any loan offer. Nothing on the Services is financial, legal, tax or credit advice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED [ONE HUNDRED US DOLLARS ($100)].

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You will indemnify and hold harmless BorrowExperts, its affiliates, and their officers, directors, employees and agents from any claim, demand, loss, liability, damage or expense (including reasonable legal fees) arising from your use of the Services, your breach of these Terms, your submission of false or unauthorised information, or your violation of any law or third-party right.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

13.1 Agreement to arbitrate

You and BorrowExperts agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, or any communication you receive as a result of using the Services — including claims under the Telephone Consumer Protection Act — will be resolved by binding individual arbitration administered by [AAA / JAMS] under its [Consumer Arbitration Rules], and not in court, except as provided in 13.4.

13.2 Class action waiver

You and BorrowExperts each waive any right to bring or participate in a class, collective, consolidated or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is held unenforceable as to any claim, that claim must proceed in court and is severed from arbitration.

13.3 Informal resolution first

Before starting arbitration you agree to send written notice of the dispute to [LEGAL NOTICE ADDRESS / EMAIL] and to attempt in good faith to resolve it for 60 days.

13.4 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief for infringement or misuse of intellectual property.

13.5 Opt-out

You may opt out of this arbitration agreement by sending written notice to [OPT-OUT ADDRESS / EMAIL] within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms.

13.6 Severability and survival

This section survives termination of these Terms.

[COUNSEL: this clause is a primary defence against TCPA class exposure. Please confirm enforceability given our consent flow — in particular whether the "clickwrap" presentation on the form is sufficient to bind, whether the arbitration provider and rules named are current and appropriate, and whether mass-arbitration protections should be added.]

These Terms are governed by the laws of [STATE — Wyoming is the default given the entity, but counsel should confirm; a state with more developed consumer-contract case law may be preferable for the arbitration clause], without regard to conflict of law rules. Subject to section 13, the courts located in [COUNTY, STATE] have exclusive jurisdiction.

We may amend these Terms. Material changes will be posted with a revised effective date and, where required, additional notice. Continued use after the effective date constitutes acceptance. We archive prior versions; the version in force when you submitted an enquiry governs that enquiry.

These Terms and the documents referenced in them are the entire agreement between you and us regarding the Services. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them. Sections 8, 10, 11, 12, 13 and 14 survive termination.

WeLead LLC d/b/a BorrowExperts
30 N Gould St, Ste N, Sheridan, WY 82801
Email: [LEGAL EMAIL]
Telephone: [PHONE]