PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
These terms of use (“Terms of Use” or “Terms of Use Agreement”) are provided on behalf of Momnt Technologies, Inc. and its affiliates (“Momnt”, “we”, “us”, “our”). By using https://www.momnt.com/ and/or http://paymomnt.com/, including any subdomain and any associated pages thereof (the “Site”), you signify that you have read, understand and agree to be bound by these Terms of Use, regardless of whether you are a registered member to receive products and services offered on the Site (“the Services”). In addition to these Terms of Use, as a registered member of the Services, you may enter into other agreements with us, banks and other lenders (“Lenders”), and other partners (“Providers”) that will govern your use of the Services. If these Terms of Use conflict with another agreement you enter into that is applicable to the Services, then the other agreement will control as it applies to the Services.
Unauthorized use of Momnt’s Websites and systems, including but not limited to unauthorized entry into Momnt’s systems, misuse of passwords, posting of objectionable or offensive content or your unauthorized use of legally protected third party content, or misuse of any information posted to a site, is strictly prohibited.
You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.
If you use Momnt’s Website or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in Momnt’s systems, you shall indemnify, defend, and hold harmless Momnt and all of its direct and indirect subsidiaries, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting Momnt’s rights or your obligations under any other provision of these Terms and Conditions, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Momnt’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by Momnt of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through Momnt’s Website or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared Momnt customer account data.
You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with Momnt, and (ii) in circumstances where locations of the Website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
About Our Services
Applications for loans submitted through the Site may be funded by one of several Lenders, including Momnt. Momnt may originate loans in states where it has obtained appropriate state licenses or is otherwise authorized to make consumer loans under applicable state law. Momnt is not a broker. We use the information you provide us to allow our Lenders to offer loans that may be of interest to you. Information you provide will be enriched with other data sources, such as your credit report, to determine if you meet the eligibility criteria for a loan. After we analyze the information you provide and if you are eligible to apply for a loan, then we may display loan options that may interest you. You will then have the opportunity to select one of these options. If you do not meet the eligibility criteria for a loan, then we may not provide you with any options. When you apply for a loan, you agree to provide current, complete and accurate information. If any information you provide is untrue, inaccurate, or incomplete, we have the right to reject any application you have submitted or terminate any agreement we have with you.
Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
- Overload of system capacities
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
- Interruption (whether partial or total) of power supplies or other utility of service
- strike or other stoppage (whether partial or total) of labor
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Mount
Collection of Information and Verification
We may require that you furnish us with identifying information. We use this information as detailed under our Privacy Policy. You agree that we may verify your identity and the information you provide us with third parties, including third-party service providers. The terms and conditions of any loan available from a Lender, including Momnt, may vary depending on information available, including your complete credit report. You may be required to provide further information so that the Lender, including Momnt, is able to comply with its legal obligations, including but not limited to anti-terrorism laws and anti-money laundering laws. You agree that any information you provide us will be governed by these Terms of Use.
Privacy Policy
The Site, Content and the Services are provided for use “as is,” without warranty of any kind. Momnt does not warrant that the Site, Content or Services will be accurate, error-free or uninterrupted. Momnt does not warrant that the Site, Content or Services will provide specific results To the maximum extent not prohibited by law:
Copyright, Trademark and Service Mark Notices
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Site (collectively, “Content”) is owned by, or licensed to Momnt. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws, as applicable. Except as expressly stated herein, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Momnt’s prior written permission. Nothing on the Site should be construed as granting any license or right to use any Content.
Disclaimers and Liability
The Site, Content and the Services are provided for use “as is,” without warranty of any kind. Momnt does not warrant that the Site, Content or Services will be accurate, error-free or uninterrupted. Momnt does not warrant that the Site, Content or Services will provide specific results
To the maximum extent not prohibited by law:
- Under no circumstances shall Momnt be liable for any damages whatsoever arising out of your reliance on or use of the Site, Content, Services or any other items located on the Site.
- Momnt disclaims, to the extent allowed by applicable law, all warranties of any kind, whether statutory, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, related to your access to and use of the Site and the Services.
- Additionally, the inclusion or offering of the Services on the Site does not constitute an endorsement or recommendation of any third party or its products or Services by us. All such information, products and services by any third party are offered and provided “as is,” without warranty of any kind.
Indemnity
You agree to indemnify, defend and hold harmless Momnt and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“Momnt Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs)
and damages arising out of or relating to your use of the Site or the Services, your violation of any third-party right or law, or your violation or alleged violation of these Terms of Use. You must not settle any such claim or matter without the prior written consent of Momnt. The Momnt Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Limitation on Damages
Momnt’s liability, if any, shall be limited to direct and foreseeable damages, which shall not exceed the amount provided below. Under no circumstances shall Momnt be liable for indirect, incidental, consequential, special, statutory, punitive or exemplary damages such as, but not limited to, loss of revenue, anticipated profits or lost business; loss of or damage to data; or emotional distress. Notwithstanding any other provision of these Terms of Use, in no event shall Momnt’s total liability exceed $100.00. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses, or fails in its essential purpose, or if we knew or should have known about the possibility of your damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claim related to these Terms of Use or to the Services.
Links to Third-Party Websites
The Site may contain links to other websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the website or the services offered by the website, its contents, or its sponsoring organization. Your use of any such third-party website may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Site, you agree that Momnt is neither responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website. If you choose to link to a Website not controlled by Momnt, Momnt makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Momnt warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Momnt does not guarantee the authenticity of documents on the Internet.
Errors and Delays
You agree that Momnt is not responsible for any errors or delays in responding to any request or referral from or caused by, including but not limited to, an incorrect email address, mailing address, or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers and Limitations
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION, DISPUTES RELATING TO THE SITE, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) AS EXPLAINED BELOW.
Any Dispute, whether based in contract, tort or otherwise, shall be resolved by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association and the Federal Arbitration Act in Title 9 of the United States Code. Arbitration hearings will be held in the city where Momnt is headquartered. A single arbitrator will be appointed by the AAA and will be an attorney or a retired judge with experience and knowledge in financial transactions. Any issue concerning whether or the extent to which a Dispute or other claim is subject to arbitration, including but not limited to issues relating to the validity or enforceability of these arbitration provisions, shall be determined by the arbitrator. All statutes of limitation or other defenses relating to the timeliness of the assertion of a Dispute or claim that otherwise would be applicable to an action brought in a court of law shall be applicable in any such arbitration, and the commencement of an arbitration under this Terms of Use Agreement shall be deemed the commencement of an action for such purposes. No provision of this paragraph shall restrict the ability of any person to exercise all rights and remedies available under applicable law or this Terms of Use Agreement; provided, however, that the exercise of those rights or remedies is subject to the right of any other person to demand arbitration as provided herein. The commencement of legal action by a person entitled to demand arbitration does not waive the right of that person to demand arbitration with respect to any counterclaim or other claim. No person entitled to demand arbitration hereunder shall be permitted to assert a dispute or claim that is on behalf of any other person. Similarly, an arbitration proceeding under this Terms of Use Agreement may not be consolidated with other arbitration proceedings. Judgment upon the award rendered in arbitration shall be final and may be entered in any court, state or federal, having jurisdiction. Be aware that:
- Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
- The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
- The arbitrators do not have to explain the reason(s) for their award.
- The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
- The rules of the arbitration forum in which the claim is filed and any amendments thereto, shall be incorporated into this agreement
IF A DISPUTE OR CLAIM IS NOT SUBJECT TO ARBITRATION FOR ANY REASON, THEN THE DISPUTE OR CLAIM SHALL BE DECIDED IN A COURT OF COMPETENT JURISDICTION WITHOUT A JURY. YOU AND Momnt WAIVE ALL RIGHTS TO A TRIAL BY JURY.
The terms and conditions of this Terms of Use Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Any issue relating to the Services you obtain from Momnt, a Lender, Provider or any other third party which you access through the Site shall be governed by the laws specified in that agreement for that specific loan or service if a separate, applicable agreement governs
You also agree that any Dispute or cause of action arising out of or related to the Site, Services or Content must be commenced within one year from the later of: (1) the date when the dispute or cause of action accrues; or (2) through the exercise of reasonable diligence, the date when you should have known about the accrual of the cause of action. Otherwise, such cause of action shall be permanently barred.
This Terms of Use Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and Momnt and supersedes all prior or contemporaneous oral or written agreements or other communications between you and Momnt with respect to the subject matter hereof. If a conflict arises between these Terms of Use and any terms incorporated by reference, the latter incorporated terms shall control.
You acknowledge that in agreeing to these Terms of Use, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in these Terms of Use, and you hereby waive any claimed reliance on same. If any provision of these Terms of Use is found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified to render it enforceable with respect to the Dispute and to reflect, to the maximum extent possible, the parties’ intent when the provision is considered in the context of these Terms of Use. Such provision, as modified, shall be enforced with respect to the underlying claims in the Dispute at issue, and that any finding of invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of the remaining provisions of these Terms of Use.
Terms Applicable to All Services
By submitting any form through the Site, and separately for each such request you submit, you are indicating that you desire to be contacted by Momnt, and you are providing express written consent that Momnt or a third party on Momnt’s behalf may deliver telephone calls or text messages to you, including to your cellular telephone number, for any purpose, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the telephone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate DoNot-Call (“DNC”) List. You understand that you are not required to consent to receive these communications as a condition of using the Services
Please note that a completed form you submit to Momnt through the Site may not be an application for credit. Rather, it may be an inquiry for Momnt to present conditional offers. (Any application for credit will be specifically labeled to indicate such purpose.) You understand that Momnt may keep the information provided on such form and any other information provided or received in the processing of your form, whether or not you may qualify for a product or thereafter complete a formal application.
By using the Services and saving your information on the Site or submitting a form through the Site, you represent that all the information you provide is true, accurate, current, and complete. You further acknowledge that you will not authorize anyone else to use your account to access the Services. You shall not sell, transfer, or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and not to share your account credentials with any third party or otherwise allow anyone else to log into the Site as you. You are responsible for all activities that occur under your registered member account, as accessed through the Site. If you believe that your account is no longer secure or that a third party has accessed your account without your permission, you agree to notify us immediately.
When you “submit” information, create an account, or otherwise register for Services through the Site, you understand and agree that you have established a business relationship with Momnt. Accordingly, you agree that Momnt may send your information to certain affiliates and third parties as provided in the Privacy Policy, and you agree that Momnt, its affiliates, and persons calling on Momnt’s behalf may contact you using information you provided with information and offers of services available through Momnt and the Site. You also provide Momnt permission to retain all such information that you provided and to make live or recorded calls to discuss, provide or remind you of any information regarding your submission.
In addition, certain state and federal laws require that the information you provide us must be securely maintained and cannot be removed, purged, or destroyed by Momnt until the expiration of certain prescribed time periods. Momnt may also maintain and share information provided by you and about you by third parties for internal marketing and analytic purposes, subject to applicable law
Services offered by Lenders and Providers may only be made to residents of states where Lenders are authorized to make such loans or Providers are authorized to provide Services. A Lender’s participation in and offering of its products on the Site does not constitute an offer by any Lender or by Momnt to provide the Services outside of its authorized jurisdiction(s), and to the extent you seek or receive information from a Lender or Provider regarding any prospective service that would be outside of the Lenders’ or Providers’ authorized jurisdictions, that information shall be considered for informational purposes only. Lenders shall have the right to discontinue, suspend, or terminate the offering of any loan product or Service in any specific state through the Site at any time, without prior notice.
Termination
You may terminate your relationship with us by notifying us in writing using the information in the “Contact Us” section below. We may terminate your use of the Site or the Service on any grounds, without notice, and without liability to you or any third party. If your use of the Site is terminated, you will still remain liable for any obligations you have incurred in connection with your use of the Site. We have the right to bar you from accessing the Site without incurring any liability to you or any third party.
Contact Us
We may send you notices, statements, or any other type of communication by regular mail or email, by posting it on our Site, or by any other reasonable delivery method. You also agree that we may post changes to these Terms of Use or other matters through links on our Site. Any written notices to us should be sent via mail or overnight delivery service to:
Momnt Technologies, Inc.
P.O. Box 28619
Sandy Springs, GA 30328
You may contact us by email at support@momnt.com.