Terms & Conditions
Effective: May 29, 2018
By accessing the NextDayFinancial.com website (the “Website”), you agree to be bound by these terms and conditions (the “Terms”). Please read these Terms carefully. If you do not agree to these Terms, please exit the Website immediately.
Loan Referral Service
NextDayFinancial.com is not a lender and does not make loans or credit decisions. NextDayFinancial.com does not guarantee that any Lender Partner will offer you a loan or that any loan offer will contain any specific loan terms or conditions. NextDayFinancial.com does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by Lender Partners through the Service are the best terms available in the market.
Once you submit a Request Form, NextDayFinancial.com shares your information with our Lender Partners. By submitting a Request Form, you understand and agree that you requesting loan offers from the Lender Partners. You are also agreeing that NextDayFinancial.com and the Lender Partners may contact you by any means (including email, telephone, SMS, and direct mail) so that they may assist in processing your Request Form or provide information to you about additional offers now or in the future.
Lender Partners who receive your Request Form review your information in real-time to determine whether your information meets the Lender Partner’s underwriting criteria. Lender Partners may use your Request Form information to perform a credit check. This credit check may be a formal credit inquiry which leaves a record on your credit report and may affect your credit score (a “Hard Check”). Or it could be an informal inquiry which will not affect your credit (a “Soft Check”). These credit checks may be performed through TransUnion, Equifax, or Experian (the “Big Three”) or they may be performed through other alternative credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau, or DataX) that track consumer transactions with lending institutions. By submitting your Request Form, you agree to allow Lender Partners to review, verify, and research your information in such a manner.
By Submitting your Request Form you agree to receive notifications, disclosures, and other documents and communications both from NextDayFinancial.com and from our Lender Partners. If you are connected to a Lender Partner, that lender may require you to execute an electronic loan contract. This electronic loan contract will be as binding as a loan contract in paper form. And your electronic signature will be as valid as a physical signature on a paper loan contract.
The lender may also require you to consent to receiving all notifications regarding your loan electronically. These electronic communications may include attempts to collect a debt.
Additionally, the lender may require you to access documents related to a loan, including your loan contract. By Submitting your Request Form you agree to this form of access.
The lender may allow you to withdraw your consent to electronic disclosures. Please contact the lender with whom you were connected to learn more about this process. Please note, however, that not consenting to receive electronic disclosures may affect your ability to receive a loan from a Lender Partner.
You represent that the information you provide to NextDayFinancial.com, and ultimately, the Lender Partners, through your Request Form is accurate and truthful. If the information in your Request Form is not accurate and truthful, NextDayFinancial.com may deny, suspend, or terminate your use of the Service.
Control over Features, Functions, and Access to the Service
NextDayFinancial.com may change any information, features, or functions of the Service without prior notice. NextDayFinancial.com may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that NextDayFinancial.com determines, in its sole discretion, violate these Terms, the rights of NextDayFinancial.com or any third party, or is otherwise inappropriate. NextDayFinancial.com is not responsible for any errors or delays in providing Service caused by errors in the Request Form information provided by you or by any technical problems beyond its reasonable control.
Disclaimers and Limitations
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” NextDayFinancial.com EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
NextDayFinancial.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK.
NextDayFinancial.com OR THE LENDER PARTNERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS 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 THE WEBSITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NextDayFinancial.com OR THE LENDER PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NextDayFinancial.com DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR LENDER. NextDayFinancial.com IS NOT AN AGENT OF YOU OR ANY PARTICIPATING LENDER. NextDayFinancial.com IS NOT INVOLVED WITH THE LENDER’S USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A DETERMINATION ABOUT WHETHER YOU MEET A PARTICULAR LENDER’S UNDERWRITING CRITERIA. THE LENDER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT NextDayFinancial.com WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT LENDER PARTNERS MAY KEEP YOUR REQUEST FORM INFORMATION, WHETHER OR NOT YOU ARE QUALIFIED FOR A LOAN WITH THEM.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF NextDayFinancial.com, THE LENDER PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
As a condition of using the Website or the Services, you agree to indemnify NextDayFinancial.com and the Lender Partners from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Website, including any claims alleging facts that if true would constitute a breach by you of these Terms.
Links to Third Parties
The Website may contain links to other websites operated by Lender Partners or other third parties. These links are provided for your convenience and reference only. NextDayFinancial.com does not operate or control in any respect any information, software, products, or services available on such third party sites. NextDayFinancial.com’s inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Any claim or controversy arising out of or relating to the use of the Website, to the use of the Service, or to any acts or omission for which you may contend NextDayFinancial.com is liable (a “Dispute”), will be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Los Angeles, California and judgment on the arbitration award may be entered into any court of competent jurisdiction. No arbitrator will have the power to award damages in connection with any Dispute in excess of actual compensatory damages and will not multiply actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH NextDayFinancial.com IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING NextDayFinancial.com’S SERVICE, YOU CONSENT TO THESE RESTRICTIONS.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and NextDayFinancial.com, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Los Angeles, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one year after such claim or cause of action arose or be forever barred.
SMS Terms & Conditions
By providing a mobile phone number you are opting in to communications via SMS from NextDayFinancial.com and the Lender Partners. These communications may include a follow-up SMS message containing a link to your completed loan Request Form, payment reminders from Lender Partners, and future offers.
For additional support: [email protected]NextDayFinancial.com
Message and Data Rates May Apply. Under no circumstances will NextDayFinancial.com be responsible for fees that your wireless carrier or other third parties may charge you for use of this service.
Messages may be delayed or undelivered for various factors. Carriers are not liable for delayed or undelivered messages.
These Terms constitute the entire agreement between you and NextDayFinancial.com. These Terms will be governed by the laws of California without regard to its conflict of law principles. 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 connects the intent of the original provision and the remainder of these Terms will remain in effect. Any failure by NextDayFinancial.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. NextDayFinancial.com may amend these Terms at any time by posting the amended terms on its website. All amended terms are automatically effective immediately upon posting.
You may direct any questions concerning these Terms to:
1125 E. Broadway #545
Glendale, California 91205
Safe & Secure
All Credit Considered
We’re putting you in control. The choice is yours with Next Day Financial!
APR Disclosure. Some states have laws limiting the APR (Annual Percentage Rate) that a lender can charge you. APRs range from 4.99% to 35.99%, or to the discretion of the lender, and vary by lender. Loans from a state that has no limiting laws or loans from a bank not governed by state laws may have an even higher APR. The Annual Percentage Rate is the rate at which your loan accrues interest and is based upon the amount, cost and term of your loan, repayment amounts and timing of payments. Lenders are legally required to show you the APR and other terms of your loan before you execute a loan agreement.
Material Disclosure. The operator of this website is not a lender, loan broker or agent for any lender or loan broker. We are an advertising referral service to qualified participating lenders that may be able to provide amounts between $100 and $15,000. Not all lenders can provide up to $15,000 and there is no guarantee that you will be accepted by an independent, participating lender. This service does not constitute an offer or solicitation for loan products which are prohibited by any state law. This is not a solicitation for a particular loan. We do not endorse or charge you for any service or product. Any compensation received is paid by participating lenders and only for advertising services provided. This service and offer are void where prohibited. We do not control and are not responsible for the actions of any lender. We do not have access to the full terms of your loan. For details, questions or concerns regarding your loan please contact your lender directly. Only your lender can provide you with information about your specific loan terms, current rates and charges, renewal, payments and the implications for non-payment or skipped payments. The registration information submitted by you on this website will be shared with one or more participating lenders. You are under no obligation to use our service to initiate contact with a lender, apply for credit or any loan product, or accept a loan from a participating lender. Loan transfer times and repayment terms vary between lenders. Repayment terms may be regulated by state and local laws. Some faxing may be required. Be sure to review our FAQs for additional information on issues such as credit and late payment implications. These disclosures are provided to you for information purposes only and should not be considered legal advice.
Exclusions. The services offered by this website might not be available in every state. The states serviced by this website may change from time to time, without notice.
Credit Implications. The operator of this website does not make any credit decisions. Independent, participating lenders that you may be matched with may perform credit checks with credit reporting bureaus or obtain consumer reports, typically through alternative providers to determine credit worthiness, credit standing and/or credit capacity. By submitting your information, you agree to allow participating lenders to verify your information and check your credit. Consider seeking professional advice regarding your financial needs. Late Payments of loans may result in additional fees or collection activities, or both. Each lender has their own terms and conditions, please review their policies for further information. Nonpayment of credit could result in collection activities. Each lender has their own terms and conditions, please review their policies for further information. Every lender has its own renewal policy, which may differ from lender to lender. Please review your lender’s renewal policy.