Terms of Service

Section 1. Who We Are?

“WhitePeakFinance.com,” “we,” “our,” or “us” means the party you’re contracting with, which is the entity listed on the same row as your state of residence:

Section 2. What We Expect From You

1. Show Your Agreement or Disagreement: It’s important you understand these Terms at all times because, by using our Site and Services, you’re showing that you continue to agree with them. We can change these Terms at any time. You must stop using our Site and Services if you disagree with anything in these Terms.
2. Represent That You’re Eligible: Our Services are only available to people who are at least 18 years old, can lawfully enter into contracts in their state of residence, and are a legal resident of the USA. You represent that you meet these base eligibility requirements, and agree that we may impose others.
3. Keep Your Account Safe: You agree that credentials are an adequate form of securing your account. You will not be able to use parts of the Site unless you register with credentials, or a username and password. Do not share these with others. You and you alone must keep these safe. You must contact us immediately if you need us to deactivate your account because you think it’s been compromised. Until you do, you are fully responsible for all harms, including charges, resulting from misuse of your credentials.
4. Follow the Law and Act Respectfully: We expect you to follow all laws and act respectfully when using our Site and Services. Respect other people’s rights. Don’t harm others. This includes respecting other people’s right to privacy. This also includes respecting trademarks, logos, and service marks (“Marks”) and information and content protected by copyright laws (“Content”) available through our Site and Services. You must not use - which means, for example, you must not modify, copy, distribute, send, display, publish, sell, license, or create derivative works of - Marks or Content without getting written permission. Access only those parts of the Site and Services you’re authorized to access. Use only as much of the Site and Services as needed for your personal, non-commercial use. We may take legal action against you if you violate system security, take advantage of system vulnerabilities, or otherwise try to disrupt our Site and Services.
5. Your Content: If you submit Content to our Site, including by posting it using a third-party service such as a social media application that links to our Site (“Your Content”), you represent that you own (or otherwise have the rights to submit and grant us a license to) Your Content, you represent that it is lawful and otherwise complies with these Terms, and you hereby grant to us a royalty-free, transferable, perpetual, worldwide license to use and commercially exploit Your Content.
6. Consent For Us To Contact You: When you provide us with your contact information, register for an online account, apply for a Service, or begin an application for a Service, you are expressly consenting to have us, or a third-party that we contract with to provide services on our behalf (“Contractor”), contact you -- using natural or automated methods (like on a device that automatically dials, or with a pre-recorded voice message) -- by telephone calls, texts, email, and postal mail, at any phone number, email, or physical address that you have provided us as well as any additional emails or physical addresses associated with you that we lawfully source from a public or non-public database. The consent you give in this section is valid even if your contact information is on a Do Not Call list. We, or our Contractor, can contact you about an application, about marketing, and about loan servicing, including, as just two examples, to remind you of upcoming payments and to discuss collections. Where allowed by law, we or our Contractor may contact other individuals for updated employment and contact information about you. You can change your contact preferences while logged into your online account or by contacting our customer service team.

Section 3. What You Can Expect From Us

1. Service Restrictions: Currently, we only offer Services to residents of the USA states.
2. Age Restrictions: Our Site and Services are not intended for anyone under the age of majority in their state of residence. We also do not knowingly market to or collect information from individuals under the age of 13.
3. Reasonable Accommodations: Please contact our customer service team if you have a disability and need accommodation to access our Site or Services. We appreciate your patience as we may need time to provide certain accommodations.
4. Site Security: No environment is 100% secure. The internet is no different. You provide our Site and Services with information about you through the internet. We use industry standard physical, technical, and administrative controls to protect your information. We make no promises that your information will be protected against unauthorized access, disclosure, alteration, or destruction due to breach of our physical, technical, or administrative controls. Although our Site is encrypted, communications (including emails) you send to us through our Site are not.
5. Cookies: We store information on your computer in the form of a "cookie" or similar file so we can adapt our Site to your preferences. Please see our Site Privacy Policy for additional information about cookies.
6. DMCA: Per 17 U.S.C. 512(c)(2), please send your Digital Millennium Copyright Act (“DMCA”) notices of claimed copyright infringement to our United States Copyright Office registered agent: support@whitepeakfinance.com UNRELATED MESSAGES WILL NOT RECEIVE A REPLY.
7. Linked Sites: For convenience, our Site could contain links that direct you to a third-party’s site or enclose a third-party site’s materials onto our Site using inverse hyperlinking or framing technology (“Linked Site”). We do not endorse, do not control, are not affiliated with, cannot make changes to, and are not responsible for Linked Sites, or any further links from those sites.
8. No warranties: THE SITE AND SERVICES, INCLUDING ALL INFORMATION AND CONTENT AVAILABLE THROUGH THEM, ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED , IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ALONE ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES AND EXERCISING JUDGMENT TO SATISFY YOUR NEEDS, INCLUDING, BUT NOT LIMITED TO, NEED FOR SECURITY (E.G., THE CONFIDENTIALITY, AVAILABILITY, AND INTEGRITY OF YOUR INFORMATION) AND CONFIDENCE IN INFORMATION AND CONTENT.
9. Limitation of Liability: FOR ALL CLAIMS ARISING OUT OF OR RELATING TO USE OR PERFORMANCE OF THE SITE OR SERVICES, (A) IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR INCOME, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION AND (B) OUR MAXIMUM LIABILITY WILL BE LIMITED TO THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS WITH RESPECT TO THE INCIDENT GIVING RISE TO THE CLAIM.

Section 4. What Happens If There Are Disputes

Hopefully, there will never be a dispute that we can’t resolve with you. These terms will help guide the parties if there is one.

1. Binding Arbitration and Class Action Waiver: You and we agree to try for 60 days to resolve a dispute informally. If that doesn’t happen, you and we agree to not bring a lawsuit to court in front of a judge or jury and instead submit the dispute to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA") for a neutral arbitrator to decide under certain confidentiality rules and, except for a limited right of review under the FAA, this decision will be final. This means class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other court proceeding aren’t allowed. Combining individual proceedings is also not allowed, unless We All consent. THIS SECTION 4.1 DOES NOT APPLY IF (1) YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT AND (2) THE DISPUTE INVOLVES THE EXTENSION OF CONSUMER CREDIT.
1. Disputes Covered—Everything Except IP. You and we agree to define "dispute" as broadly as possible. It includes any claim or controversy between you and us relating to the Site and Services, your WhitePeakFinance.com account, marketing, communications, our loan servicing, your loan payments, our collection practices, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
2. First, Mail a Notice of Dispute. If you have a dispute and our customer service team can’t resolve it, send a Notice of Dispute by postal mail to:
   
   White Peak Financial LLC,
   ATTN: Legal,
   WHITE PEARK FINANCIAL, LLC
   881 BAXTER DRIVE STE 100
   SOUTH JORDAN UT 84095
   
   Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. If the dispute hasn’t been resolved in 60 days, you or we may submit the dispute to formal arbitration.
3. Small Claims Court. Instead of mailing a Notice of Dispute, you may sue us in small claims court in Travis County, Texas, U.S.A. if you meet the court’s requirements.
4. Arbitration Procedure. The AAA will conduct arbitration under its Rules. For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, send a dispute form (containing the same information in the Notice of Dispute you sent to us) to the AAA and mail us a copy. In a dispute involving $25,000 or less, hearings will be telephonic unless the arbitrator decides to hold an in-person hearing. Any in-person hearing will take place in the county of our principal place of business in Travis County, Texas. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
5. Arbitration Fees and Payments. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. If the arbitration rules require us to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.
6. Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA Rules.
7. Must File Within One Year. Any dispute (except intellectual property disputes—see above) must be filed within one year from when it first could be filed or it will be forever barred.
8. Rejecting Future Arbitration Changes. You may reject any change we make to Section 4.1. (except address changes) by sending notice, via postal mail, within 30 days of the change to:
   
   White Peak Financial LLC,
   ATTN: Legal,
   WHITE PEARK FINANCIAL, LLC
   881 BAXTER DRIVE STE 100
   SOUTH JORDAN UT 84095
   
   If you do, the most recent version of Section 4.1. before the change you rejected will apply.
9. Severability. If any part of Section 4.1 is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, Section 4.1 will be unenforceable in its entirety.
2. Law: You agree to submit to the laws of the state listed below and applicable federal law without regard to conflicts of laws principles.



If you are a resident of	The business you're contracting with is	The laws that these Terms will be interpreted under are the laws of the following state (and applicable federal law)
Utah	White Peak Financial LLC	Utah



3. Court Proceedings: You and we (A) agree that any matter that isn't required to be resolved by arbitration under Section 4.1 will be resolved exclusively in state or federal court in Travis County, Texas and (b) consent to personal jurisdiction and venue in those courts for such matters.

Questions?

Call us at 1-833-732-3454