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TERMS OF USE

BILL SMASHER (hereinafter BILL SMASHER or “us”) is not a lender, does not issue loans, or make credit decisions. Instead, Bill Smasher offers a simple application service to locate a participating lender in its network. Your participation in the service, and any information you submit through the service, will be governed by these Terms of Use and our Privacy Policy. Please read these Terms of Use and our Privacy Policy carefully.

These Terms of Use apply to your use of the services offered or made available by Bill Smasher. All future changes in a website operated by Bill Smasher will be incorporated by reference into the Terms of Use and will take effect as specified in the applicable update.

If you submit an application with Bill Smasher, the information you share with Bill Smasher will be shared with participating lenders in its network. If the lender accepts your application and approves you for credit, those credit terms will be set by that lender. Consequently, it is important that you read the lender’s credit terms carefully before you agree to them.

The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions, and we have provided them in the text of these Terms of Use. You will also find underlined words in these Terms of Use and on our website that hyperlink to relevant information.

  • Our Relationship with You
    • The company.The “BILL SMASHER” website is a website operated by Bill Smasher to connect participating lenders with consumers seeking a credit product such as a short term unsecured consumer loan. Bill Smasher is a marketing and information services company. It offers a secure online marketplace that allows merchants and marketing partners to drive traffic, generate leads and monetize data opportunities across various consumer markets.
    • Your Privacy.Protecting your privacy is very important to Bill Smasher. Its Privacy Policy describes how Bill Smasher protects personal consumer information, as well as its use and disclosure of that Information.
    • Intellectual Property. The URLs representing the Bill Smasher website(s), “Bill Smasher”, and all related logos of our products and services described in our website(s) are either copyrighted by Bill Smasher, trademarks or registered trademarks of Bill Smasher or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by Bill Smasher, service marks, trademarks, and/or trade dress of Bill Smasher. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. All right, title and interest in and to the Bill Smasher website and any content thereon is the exclusive property of Bill Smasher and its licensors. You may not transfer or assign any rights or obligations you have under these Terms of Use without Bill Smasher’s prior written consent. You are not permitted to transfer your account to a third party. Bill Smasher reserves the right to transfer or assign these Terms of Use or any right or obligation under these Terms of Use at any time without your consent. You will be provided written notification pursuant to Section 1(e) below of any such assignment.
    • Notices to You.You agree that Bill Smasher may provide notice or other information to you by posting it on the Bill Smasher website(s), or by email, mail or telephone using the information that you share with Bill Smasher. See the Electronic Disclosures Policy for additional specifics.
    • Notices to Bill Smasher. Notices to Bill Smasher made in connection with these Terms of Use must emailed to: [email protected]
    • Amendments to these Terms of Use.We may, at any time amend, delete or add to these Terms of Use (a “Change”) by posting a revised version of these Terms of Use on the Bill Smasher website(s). In such instances, the Change may be made without prior notice to you and shall be effective immediately. If you do not accept any Change, do not use this website or the Service. If you use the website or the Service after the Change has been posted to the Bill Smasher website, you will be deemed to have accepted it. While you may close your Account at any time and without charge, please note that you may still be liable to us after you terminate these Terms of Use for any liabilities you may have incurred and are responsible for prior to terminating these Terms of Use.
  • Eligibility and Sharing Personal Information
    • To be eligible for our Services, you must:
      • be a resident of the United States;
      • have full legal capacity to enter into a contract; and
  • be an individual at least 18 years old.
  • You further represent and warrant to us that when you provide personal information to us you are providing your own personal information so that we may share it with participating lenders and you are not acting on behalf of, or for the benefit of, anyone else.
  • Term and Closing Your Account
    • The term of these Terms of Use is for a period of time when you submit your personal information to Bill Smasher until these Terms of Use are terminated for whatever reason. You will remain liable for all obligations related to the information you provide.
  • Restricted Activities
    • Restricted Activities.In connection with your use of our website(s) or the Services, or in the course of your interactions with Bill Smasher., or its agents or affiliates, you will not:
      • Breach these Terms of Use (including, without limitation, breaching any agreement that you have entered into with Bill Smasher (including a Policy));
      • Breach any applicable aw, statute, contract, or regulation;
  • Infringe Bill Smasher’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • Act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing;
  • Provide false, inaccurate or misleading Information;
  • Fail to provide us with further information about you that we may reasonably request;
  • Receive what we reasonably believe to be potentially fraudulent or unauthorized funds;
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  • Use an anonymizing proxy;
  • Conduct your activities or use the Services in a manner that results in or may result in complaints, Disputes, Claims, fees, fines, penalties and other liability to Bill Smasher;
  • Undertake activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as Bill Smasher reasonably believes based on the information available to it);
  • Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
  • Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  • Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
  • Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the Bill Smasher website(s) without our or any applicable third party’s written consent;
  • Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
  • Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the terms of these Terms of Use;
  • You agree that engaging in the above Restricted Activities diminishes Bill Smasher customers’ safe access and/or use of the Service generally.
  • Your Liability – Actions We May Take
    • Actions by Bill Smasher If we have reason to believe that you have engaged in any Restricted Activities as noted above, we may take various actions to protect BillSmasher or a related third party, from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:Bill Smasher
      • We may, at any time and without liability, suspend, block, limit, close or cancel your right to use the Services.
        • We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy;
  • We may request information from you or otherwise update inaccurate Information you provided us;
  • We may refuse to provide our Services to you in the future;
  • We may take legal action against you.
  • Indemnification/reimbursement. You agree to indemnify, defend, reimburse or compensate us and hold Bill Smasher, our other companies in our corporate group, the people who work for us or who are authorized to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of these Terms of Use, your breach of any applicable law and/or your use of the Services. In addition, and without limiting the generality of the foregoing, you agree that you will defend, reimburse or compensate us and hold Bill Smasher, our other companies in our corporate group, the people who work for us or who are authorized to act on our behalf harmless from any claim or demand, from and against liabilities arising from all claims, actions, losses, liability, damages, costs and expenses (including reasonable attorneys’ fees and expenses) related to or arising from any loan-related products and/or any financial products or services provided to you by a third party, and/or any transactions entered into by you with a third party. You agree that Bill Smasher may recover amounts you owe it through any legal means available to it.
  • Termination of Terms.At our sole discretion we may terminate these Terms of Use with you at our convenience by providing you with prior notice. We may also terminate these Terms of Use at any time where you are in breach of the terms of these Terms of Use.
  • Information about You. Bill Smasher reserves the right to request additional information from you, other than what is referred to in these Terms of Use. You agree to comply with any request for further information as we reasonably require. This may include, without limitation, requiring you to fax, email or otherwise provide to us certain identification documents.
  • Disputes with Bill Smasher.
    • Disputes between you and Bill Smasher regarding our Services may be reported to Customer Service online via email at customerservice@Bill Smasher.app
    • Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
    • The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
    • Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
    • All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
    • At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph (a) above.
    • All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs (a) and (b) above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
    • For purposes of these Terms of Use, the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation, (a) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (b) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to these Terms of Use, the information You gave Us before entering into these Terms of Use, including the customer information application, and/or any past agreement or agreements between You and Us; (c) all counterclaims, cross-claims and third-party claims; (d) all common law claims, based upon contract, tort, fraud, or other intentional torts; (e) all claims based upon a violation of any state or federal constitution, statute or regulation; (f) all claims asserted by Us against You, including claims for money damages to collect any sum We claim You owe Us; (g) all claims asserted by You individually against Us and/or any of Our employees, agents, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (h) all claims asserted on Your behalf by another person; (i) all claims asserted by You as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against Us and/or related third parties (hereinafter referred to as “Representative Claims”); and/or (j) all claims arising from or relating directly or indirectly to the disclosure by Us or related third parties of any non-public personal information about You.
    • You acknowledge and agree that by entering into this Arbitration Provision:
      • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
      • YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
  • Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act (FAA), and applicable statutes of limitation, and shall honor claims of privilege recognized at law. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. If allowed by statute or applicable law, the arbitrator may award statutory damages and/or reasonable attorneys’ fees and expenses.
  • At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator’s award is final and binding and not appealable.
  • This Arbitration Provision is binding upon and benefits You, Your respective heirs, successors and assigns. This Arbitration Provision continues in full force and effect, even if your obligations have been paid or discharged through bankruptcy. This Arbitration Provision survives any cancellation, termination, amendment, expiration or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any of this Arbitration Provision is held invalid, the remainder shall remain in effect.
  • No Waiver.Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
  • Limitations of Liability.
    • We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms of Use and our liability in these circumstances is limited as set out in the remainder of this section.
  • In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to these Terms of Use (whether in contract, tort (including, without limitation, negligence) or otherwise:
    • any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or any loss or corruption of data; or
  • any loss or damage whatsoever which does not stem directly from our breach of these Terms of Use; or
  • Any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these Terms of Use (whether or not you are able to prove such loss or damage).
  • Nothing in these Terms of Use shall limit our liability for death or personal injury resulting from either our or our subcontractor’s negligence or to the extent such limitation or exclusion is not permitted by applicable law.
  • No Warranty.We provide the Services to you without any warranty or condition, express or implied, except as specifically stated in these Terms of Use. Bill Smasher does not guarantee that you will be connected with a lender, or that you will be approved for credit. Further, Pomo One Marketing, Inc. does not guarantee that you will receive continuous, uninterrupted or secure access to any part of our Service. We shall not be liable for any delay in the failure in our provision of the Services under these Terms of Use. You acknowledge your access to the website(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We make every effort to ensure that the information provided is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you.
  • You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be in error. You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Bill Smasher Services.
  • Complete Agreement and third-party rights.These Terms of Use (including any Schedule) sets forth the entire understanding between you and Bill Smasher with respect to the Service. Sections and terms that by their nature should survive, will survive the termination of these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
  • Optional Promotional Offers
  • By submitting my information to this website, I certify that I have personally entered my own information, and I thereby give express consent to authorize BillSmasher’s promotional partners: ResComm Solar, IDT, Residents Energy, Town Square Energy, LiveMedConnect, Prevent, IDExperts, FindInsurance and Promotions and associated affiliates to contact me at the address, email address and/or phone number provided (mobile phone as applicable) which may include direct calls, auto-dialed calls, text messages, and artificial and pre-recorded voice calls, to discuss energy options regardless of my inclusion on any State or Federal Do Not Call List. Consent is not a condition of purchase.I understand that I may opt-out of communications at anytime with any promotions offered as a result of my subscription to alerts and updates. Msg and data rates may apply. Carriers are not liable for delayed or undelivered messages.
  • Definitions
    • “Agreement” means these Terms of Use including all subsequent amendments.
    • “Calendar Year” means 1 January to 31 December inclusive in any year.
    • “Days” means calendar days.
    • “Information” means any confidential and/or personally identifiable information or other information related to you, including but not limited to the following: name, email address, post/shipping address, phone number and financial information.
    • “Services” means the products, services, portals and websites offered or available to you by Bill Smasher
    • “Bill Smasher website(s)”means any URL through which we provide the Services to you.
    • “Policy” or “Policies”means any Policy or other agreement between you and Bill Smasher that you entered into on the Bill Smasher website(s), or in connection with your use of the Services.
    • “Policy Update”means a prior notice of Changes that Bill Smasher may make available to you in writing.
    • “Restricted Activities”means those activities described in section 4 of these Terms of Use.
    • “User,”“you” or “your” means you and any other person or entity entering into these Terms of Use with us or using the Service.
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*THE OPERATOR OF THIS WEB SITE IS NOT A LENDER. This web site does not constitute an offer or solicitation to lend. The operator of this web site will share the information you provide with participating partners who may or may not lend or issue credit. Providing your information on this web site does not guarantee that you will be accepted by a lender, approved for a loan or presented with any particular set of terms or specific loan offer. The operator of this Web Site is not a representative or broker of any lender and does not endorse or charge you for any service or product. If you are accepted by a lender and approved for credit, you will be shown the terms, rates, annual percentage rate (APR) and fees associated with any loan you may be offered by that lender. Please note that lender terms may vary, and lenders may use different criteria to determine whether an applicant is eligible for a loan. Not all who apply for credit will be chosen by a lender or approved for credit. If you are not chosen by a lender in the Operator’s participating lender network, your information may be offered to participating third party generators for consideration. Not all lenders can provide up to $2,500 and not all lenders offer direct deposit. Cash transfer times may vary between lenders and may depend on your individual financial institution. In some circumstances, additional tasks and information may be required by the lender and may require subsequent phone calls, emails and/or faxing as a method of communication. This service is not available in all states, and the states serviced by this web site may change from time to time and without notice. For details, questions or concerns regarding your loan, please contact your lender directly.

The loans that may be offered by lenders are expensive forms of credit and are intended to provide you with short term financing to solve immediate cash needs. They should not be considered a long term solution.

By entering this website or sharing your information, you are choosing to offer data to Bill Smasher. You may contact us at [email protected]

Any information you submit will be treated in accordance with Bill Smasher Terms of Use and Privacy Policy. You may also see specific CCPA Policy.

By submitting your loan request, you are providing express written consent under the Fair Credit Reporting Act for each lender to whom we transmit your information to obtain, in response to your inquiry, a credit check or consumer report from one or more consumer reporting agencies. This credit check can result in a hard pull, which may impact your credit score.

**Credit checks, consumer credit reports and other personal data may be obtained by some lenders from Experian, Equifax, Trans Union or through alternative providers.