TERMS OF USE

These terms of use (“Terms of Use”) are provided on behalf of Blue Oak Credit and its partners (“we”, “us”, “our”). By using blueoakcredit.com, including any pages thereof (the “Site”), you acknowledge that you have read, understand and agree to be bound by these Terms of Use, regardless of whether you are a registered user of our products or services (each a “Service” collectively, referred to as “Services”). If you do not wish to be bound by these Terms of Use, you should not access or use the Site or Services. If there is any inconsistency between these Terms of Use and another agreement you enter into that is applicable to Services offered on the Site then the other agreement will take precedence as it applies to the Service.

CHANGES TO THESE TERMS OF USE

We reserve the right, in our sole discretion, to modify these Terms of Use at any time. Changes to these Terms of Use will become effective immediately upon the posting thereof. Please review these Terms of Use often to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes will constitute your acceptance of the revised Terms of Use.

ELIGIBILITY

This Site is intended solely for users who are 18 years of age or older, and any registration or use of the Site by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Site, you represent you are 18 or older and that you agree to abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration and/or prohibit you from using or accessing our Services or the Site.

REGISTRATIONS AND APPLICATIONS

You may be presented with the opportunity to register for an account and apply for a loan through the Site. When you register for an account or apply for a loan, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to reject or cancel your account registration, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Site and our Services. We reserve the right to decline any application for a loan.

YOUR ACCOUNT

To access our Services, you will be required to register and create an account on the Site. You may not disclose your username or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You may be required to login to use certain parts of the Site.

YOUR CONTENT AND INFORMATION SHARING

By providing information or content on the Site, you expressly agree to all the following: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any information or content that you provide in connection with your use of the Site and our Services, subject to the privacy provisions described in our Privacy Policy. We have the right to review, delete, edit, modify, reformat, excerpt, or translate any of your contact information. You are solely responsible for the content and information you make available through or in connection with our Services.

All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with our Services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omissions in any information or content posted by a user.

We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using, or other Registration Information, or otherwise change the access means or methods for portions of the Service, the Service as a whole, or certain products and/or services.

You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service by use of your account/profile and/or Registration Information, except as permitted by law. You may not access and/or use anyone else’s Registration Information, or access, visit, and/or use the Service by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent, or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.

You are solely responsible for all access or visitation to, usage of, and/or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account/profile resides or is accessible. You acknowledge and specifically authorize that we may process transactions, including without limitation purchases and/or registration for additional merchandise, products, and/or services, including without limitation Content, that are initiated by use of your Registration Information.

If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us as described in our Privacy Policy.

We will not share or sell any of your information with any third party, except as specifically described in our Privacy Policy, which is incorporated by reference into these Terms of Use.

RESTRICTIONS ON USE

You agree to abide by all applicable laws and regulations in your use of the Site and our Services. In addition, you agree that you will not do any of the following:

  • Register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
  • Post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
  • Post or otherwise make available content that, in our judgment, is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type;
  • Post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
  • Use the information or content on our Site to send unwanted messages to any other user;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
  • Post or otherwise make publicly available on the Site any personal or financial information of any third party;
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use the Site or our Services in any manner that could damage, disable, overburden, or impair the Site;
  • Harvest or collect email addresses or other contact information of our users from the Site by electronic or other means, including via the use of automated scripts;
  • Post or otherwise make available any material that contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR INAPPROPRIATELY UTILIZE CONTENT OR USER CONTENT, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

INTELLECTUAL PROPERTY PROPRIETARY RIGHTS; COPYRIGHTS; TRADEMARKS

All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, “Content”), other than User Content, are the property of the Blue Oak Credit and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners, or other respective owners and are protected, without limitation, pursuant to copyright laws. No Content (other than your own User Content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast, or circulated to any third party without our express prior written consent.

“Blue Oak Credit” and all related logos (collectively, “the Trademarks”) constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. The use of any of the Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. You may not copy, imitate, or use them without our prior written consent. Any questions concerning any Trademarks, or whether any mark or logo is a Trademark, should be referred to us.

All right, title, and interest in and to the Website, any content thereon, our Services, the technology related to our Services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property.

COPYRIGHT COMPLAINTS

If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via customerservice@blueoakcredit.com or mail to PO Box 6392
Santa Rosa, CA 95406. In your notification, please:

  • Confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
  • Identify the copyrighted work or works you claim has been infringed;
  • Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material;
  • Provide your contact details, including an email address; and
  • Provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

LINKS TO THIRD PARTY WEBSITES

We are not responsible for the information practices employed by sites linked to or from our website. In most cases, links to third-party websites are provided solely as pointers to information on topics that may be useful to our users. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Our practices and policies with respect to the collection and use of personally identifiable information are governed by our Privacy Policy, which can be found here.

NO WARRANTY; ERRORS; DISCLAIMERS 

The Site and our Services are provided “as is” and without any representation or warranty, whether express, implied, or statutory. Any estimates or examples that we provide on the Site may be different than actual amounts. You agree that we may promptly correct any error that we discover, including any error in calculating your loan rates. If the error results in your receipt of an incorrect interest rate, APR, or fee, we will notify you and provide you with the correct rate. You agree to provide any additional consent necessary to correct any errors that occur.

ALTHOUGH WE WILL USE REASONABLE EFFORTS TO PROVIDE AN ACCURATE SITE/SERVICES, ALL ASPECTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE SITE, SERVICES, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU, AND ANY OTHER SERVICES AND RELATED MATERIALS AND/OR SERVICES PROVIDED TO YOU BY ANY OF THE PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND WORKMANLIKE EFFORT; (II) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR SERVICES OR ANY ASPECT THEREOF; (III) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (IV) THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY PARTY; AND (V) THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE PARTIES MAKE NO WARRANTIES. THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

You agree that all access and use of the Site and its contents and your use of the Services is at your own risk. Neither we, nor any third party involved in creating, producing, or delivering the Site and/or Services, has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Site and/or Services, or any aspect thereof.

WE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS, OR DELAYS IN THE OPERATION OR TRANSMISSION OF SERVICES, OR ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE SITE OR SERVICES, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify, defend and hold us harmless from and against any and all third-party actions, suits, claims and/or demands and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your submitted content, violation of applicable law, negligence and/or willful misconduct, use or misuse of any aspect of the Services or Site, or your violation of these Terms of Use. You are required to reasonably cooperate in the defense of any such claim or demand. We and any third party involved in creating, producing or delivering the Site or Services reserve the right, at our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not, in any event, settle any such matter without our prior written consent and any such third party.

TERMINATION OR SUSPENSION OF THE SERVICE, YOUR USE OF THE SERVICE, AND/OR THE AGREEMENT:

  1. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend, and/or restrict the Service, your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.
  2. Even if the Service, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement is terminated, discontinued, suspended, or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content or User Content, and therefore copies of all information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service, may be retained and/or remain viewable by us, our licensors, vendors, service providers, and/or other third parties. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content or User Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.

COMMUNICATIONS TO YOU:

  1. The communications between you and us and/or you and any other user or third party utilizing the Service usually use electronic means, whether you access, visit, or use the Service, send messages, or whether we, other users, or other third parties post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, other users, and/or other third parties using the Service in electronic form including but not limited to e-mail; and (b) agree that all notices, documents, disclosures, and other communications that we, other users, and/or other third parties utilizing the Service provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so, applies to all of your interactions and transactions with us, other users, and/or other third parties utilizing the Service.
  2. You understand and agree that joining the Service may include receiving certain communications from us, other users, and/or third parties using the Service, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
  3. By providing your phone number, you agree to receive calls and/or texts for marketing purposes, or servicing and informational purposes related to your account, from Blue Oak Credit and its authorized representatives (including, but not limited to and any subsidiaries, affiliates and assigns.) This consent is not required to obtain goods or services from Blue Oak Credit. Message and data rates may apply.
  4. Blue Oak Credit does not knowingly or purposefully engage in the direct selling of customer phone number or other related short code data for the purposes of direct third-party marketing to Blue Oak Credit customers without customers’ express consent, including for the purpose of direct marketing campaigns banned by carriers and/or other similar campaigns.

MOBILE PARTICIPANTS:

You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit, and/or use the Service via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content or User Content for use with the Service (collectively, the “Mobile Participants”). We do not represent, warrant, or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other Devices, or via all carriers and service plans, or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parents, subsidiaries, and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant’s applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs, or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Service or your possession, access, visitation, and/or use of the Service, infringes such third party’s intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement, and/or discharge of such claim.

ELECTRONIC SIGNATURE ESIGN CONSENT 

You agree and understand that this is your electronic signature. All electronic signatures are the legal equivalent of your manual/ handwritten signature. You further agree your signature on this document and any subsequent documents is as valid as if you signed the document in writing. This is to be used in conjunction with the use of electronic signatures on all forms or webpages regarding any and all future documentation with a signature requirement, should you elect to have signed electronically.

Under penalty of perjury, your electronic signature, and all future electronic signatures, were signed by yourself with full knowledge and consent and are legally bound to the terms and conditions. To opt out of electronic signature, please call us at 1-800-568-8577.

MISCELLANEOUS

Your obligations under these Terms of Use are binding on your successors, legal representatives, and permitted assigns. You may not assign or transfer (by operation of law or otherwise) your right to use the Site or Services or any aspect hereunder, in whole or in part, without our prior written consent.

Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing and signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default pursuant to the Agreement.

SEVERABILITY

If any provision of this Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

YOUR RIGHTS

You may exercise the following rights, subject to legal limitations and applicable exceptions, via our Privacy Policy at blueoakcredit.com/privacy-policy/ or by calling 1-800-568-8577.

  • Right to Know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, and the categories of third parties with whom we have shared or sold your personal information (“Categories Report”). You may also request information about the specific pieces of personal information we have collected about you (“Specific Pieces Report”).
  • Right to Delete. You have the right to request that we delete personal information that we have collected from you.
  • Right to Opt Out. You have the right to opt out of the sharing of your personal information. To fully exercise the Right to Opt Out, you must submit an Opt-Out Sharing request through customerservice@blueoakcredit.com.

To the extent required by law, we will honor opt-out preference signals sent in a format commonly used and recognized by businesses, such as an HTTP header field or JavaScript object. We will process opt-out preference signals at the browser level.

QUESTIONS

Please contact us at 1-800-568-8577or customerservice@blueoakcredit.com and/or mail us at PO Box 6392 Santa Rosa, CA 95406 with any questions regarding these Terms of Use.