Welcome to the www.BaySideLoans.com website (hereafter this "Site") which is provided by BaySideLoans.com. YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF, AND YOUR AGREEMENT TO, THE FOLLOWING TERMS AND CONDITIONS (THIS "AGREEMENT"):
YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.
Bayside Loans reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Website Use, at any time. It is your sole responsibility to check these Terms of Website Use periodically for any changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Notice: A short term loan provides the cash needed to meet an immediate short-term cash flow problem. It is not a solution for longer term financial problems for which longer term financing may be more appropriate. You may want to discuss your financial situation with a nonprofit financial counseling service in your community. You will be charged additional fees if you renew the loan.** Waterfront Marketing Services, LTD (D/B/A BaySideLoans.com)
Information Provided on Website
The contents of www.BaySideLoans.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of https://baysideloans.com belong or are licensed to BaySideLoans or its software or content suppliers. BaySideLoans grants you the right to view and use https://baysideloans.com subject to these terms. You may download or print a copy of information provided on https://baysideloans.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from https://baysideloans.com in whole or in part for any other purpose is expressly prohibited without our prior written consent. BaySideLoans neither represents nor warrants that your use of materials displayed at the Site will not infringe rights of third parties. While BaySideLoans uses reasonable efforts to include accurate and up to date information at the Site, BaySideLoans makes no warranties or representations as to the Site's accuracy. BaySideLoans disclaims any and all liability for the accuracy, completeness, or correctness of such information. In the course of using the Site, users may provide information about themselves which may be visible to certain other users. You understand that by posting materials on the BaySideLoans website or otherwise providing materials to BaySideLoans, you are granting to BaySideLoans a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Service. Furthermore, you understand that BaySideLoans retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that BaySideLoans will not be liable for any errors or omissions in any content.
Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor https://www.BaySideLoans.com or any portion of https://www.BaySideLoans.com, without BaySideLoans' express written consent, which may be withheld in BaySideLoans' sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search https://www.BaySideLoans.com, other than the search engines and search agents available through the Site and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of https://www.BaySideLoans.com or the Site.
- Use the Site for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
As a condition of your use of this Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any BaySideLoan customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the BaySideLoan network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.
While BaySideLoans uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. BaySideLoans assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
CONSENT TO ELECTRONIC COMMUNICATIONS:
The following terms and conditions govern electronic communications in connection with this Agreement. Each and every time you access and/or use this site, you agree to these terms and conditions. You agree that:
- Any disclosure, notice, record or other type of information that is provided to you in connection by us, including but not limited to, this Agreement, this Consent, Truth in Lending disclosures, change-in-term notices, loan agreements, fee and transaction information, statements, delayed disbursement letters, notices of adverse action, and transaction information (collectively, "Communications"), may be sent to you electronically by posting the information at our web site, www.BaySideLoans.com, or by sending it to you by e-mail by us or any vendor/servicer contracted through us at any time.
- We will not be obligated to provide any Communication to you in paper form unless you specifically request us to do so.
- You may obtain a copy of any Communication by contacting us at Legal@BaySideLoans.com or by calling us at: 1-888-229-4042. You also can withdraw your consent to ongoing electronic communications in the same manner, and ask that they be sent to you in paper or non-electronic form.
- You agree to provide us with your current e-mail address for notices at the address or phone number indicated above. If your e-mail address, telephone number(s), or residence address changes, you must send us a notice of the new address/telephone number(s) by writing to us or sending us an e-mail, using secure messaging, at least five (5) days before the change.
- In order to receive electronic communications in connection with this transaction, you will need a working connection to the Internet. Your browser must support the Secure Sockets Layer (SSL) protocol. SSL provides a secure channel to send and receive data over the Internet through HS encryption capabilities. Netscape 4.7+ and above and Microsoft Internet Explorer 5.01+ and above support this feature. You will also need a printer connected to your computer to print disclosures/notices. We do not provide ISP services. You must have your own Internet Service Provider.
- We may amend (add to, delete or change) the terms of this Consent to Electronic Communications by providing you with advance notice.
- You agree that you are able to view and/or electronically store the information presented at this website. You also agree to print and retain a copy of this Agreement and Consent to Electronic Communications for your records.
This site may contain links to sites maintained by third parties. BaySideLoans is not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites. Please note that other web sites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those web sites and web pages when visiting them.
Limitation of Liability and Disclaimer of Warranties
BaySideLoans uses reasonable efforts to ensure that the information on this site is accurate, but BaySideLoans does not guaranty such accuracy. BaySideLoans makes no representations regarding the use or results of any content on this site with respect to its accuracy, reliability or any other matter. NEITHER BaySideLoans NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. Without limiting the foregoing, neither BaySideLoans nor any other party involved in creating, producing or delivering this site shall be liable for any damage to your computer equipment or other property, or for any viruses that may infect your computer equipment or other property.
Everything on this site is provided "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Because some jurisdictions may not allow the exclusion of implied warranties or certain types of damages, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BaySideLoans FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liabilities
EXCEPT WHERE PROHIBITED BY LAW, NEITHER BaySideLoans, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF BaySideLoans HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, BaySideLoans´ MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.
By using the Site, you agree to defend, indemnify, and hold harmless BaySideLoans from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that BaySideLoans may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Website Use. BaySideLoans reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
AGREEMENT TO ARBITRATE ALL DISPUTES
Arbitration is a means for legal matters between two parties to be resolved by a neutral arbitrator rather than a court. All claims, demands, disputes or controversies between you and Bayside Loans (its employees, officers, directors, members, agents or assigns), including disputes regarding the scope and validity of this Arbitration clause, and any loan you have had in the past, any loan you may now have, or any loan you may acquire in the future, shall be subject to Arbitration as provided below herein. If your application is approved and you enter into a Loan Agreement with us, this Arbitration Clause is incorporated into the Loan Agreement and made part thereof. You agree that YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY. This Arbitration Agreement shall apply to all claims, whether under common law or pursuant to federal, state or local statute, regulation or ordinance, or for claims of fraud, misrepresentation or for collection of the loan, and you specifically waive your right to bring, join or participate in any class action lawsuit. All Arbitration claims shall be resolved by binding individual (not joint or class) arbitration by and finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. This agreement to arbitrate all disputes shall apply no matter by whom or against whom the claim is filed. This arbitration agreement is made pursuant to a transaction involving international commerce. Judgment upon the award may be entered by any party in any court having jurisdiction. You may obtain a copy of the rules and procedures by contacting the arbitration organization listed above.
NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
AGREEMENT NOT TO BRING, JOIN OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us, our employees, officers, directors, servicers and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above.
WHEN YOU ACCESS AND OR USE OUR SITE, YOU ARE AGREEING TO THIS WAIVER OF JURY TRIAL AND ARBITRATION PROVISION. IF YOU DO NOT WISH TO AGREE TO THESE PROVISIONS, DO NOT USE THE SITE.
This Site is not directed at children under the age of eighteen (18) and BaySideLoans does not knowingly collect personal information from any child under the age of eighteen (18) at this Site.
Content Submitted or Made Available for Inclusion at the Site
BaySideLoans´ policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments, questions or concepts that are offered or communicated to BaySideLoans through this site or otherwise shall be the property of BaySideLoans, and may be treated by BaySideLoans as non-confidential and non-proprietary. BaySideLoans shall have the unrestricted right to use and disclose such ideas, suggestions, know-how, comments or concepts for any purpose without compensation or obligation to any party.
Conduct of Site Visitors
Although BaySideLoans may from time to time monitor or review postings, transmissions, and the like on the Site, BaySideLoans is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. BaySideLoans retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing BaySideLoans to disclose the identity of anyone posting any such information or materials.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BaySideLoans shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Any and all offers or promotions advertised in this site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers or promotions. It is also essential that users check the laws and regulations of the state they reside in prior to participating in certain promotions advertised in this site.
BaySideLoans may give notice to its users by means of a general notice on this Site, electronic mail to a user's e-mail address on its records, or by written communication sent by first class mail to a user's address on its records.
None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United Stated Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify BaySideLoans against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if BaySideLoans does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which BaySideLoans has the benefit of under any applicable law), this will not be taken to be a formal waiver of BaySideLoans´ rights and that those rights or remedies will still be available to BaySideLoans. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and BaySideLoans regarding the subject matter of the same, and supersedes all other previous agreements.
If you have any questions or concerns regarding this site, please contact us by email at Legal@BaySideLoans.com or by calling us at: 1-888-229-4042.