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DayOneCredit.com Terms of Service

Last Updated: June 20, 2019

Welcome to Day OneCredit.com (the “Website”)! Project 17, LLC, doing business as Day One Credit ("Day One") recommends that you read the following terms and conditions carefully. By accessing or using the Website and/or our services, including through any mobile or software applications made available by Day One (together, the "Service"), however accessed or used, you agree to be bound by these terms (the "Terms of Service" or the "Agreement"). If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Service, and you must immediately cease accessing or using the Service.

These terms contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 15 (Dispute Resolution) for full details.

1. Separate Privacy Policy.

By using the Service, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and Day One’s Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. The Privacy Policy is available at https://dayonecredit.com/privacy-policy/.

2. About Day One and the Service.

2.1. What We Do. The Website and Service are for people who are interested in obtaining a new car loan or refinancing an existing car loan, but do not qualify for traditional car loans due to a Chapter 7 or Chapter 13 bankruptcy. Day One connects such people with lenders who offer “Bankruptcy Car Loans.” As such, Day One operates as a marketing or “lead generation” service specific to Bankruptcy Car Loans.

2.2. How It Works. Day One requires you to submit basic information about yourself, your employment, and your bankruptcy history through the Website (a “Loan Inquiry”), including information necessary to run a credit check. Once you have completed a Loan Inquiry, Day One will match you with one or more Bankruptcy Car Loan lenders, who may reach out to you to request more information and/or provide a non-binding offer for a Bankruptcy Car Loan. At your discretion, you may then engage in additional communications directly with the lender in order to secure your Bankruptcy Car Loan. In some circumstances, Day One will be unable to match you with an interested lender.

2.3. No Guarantee of Bankruptcy Car Loan or Terms Thereof. All Bankruptcy Car Loans All loans are subject to credit approval and independent decision by your lender. Interest rates and loan fees vary over time and are also based on the credit score, employment history, bankruptcy details, and other information of you and/or any co-application, and other underwriting criteria of the lender, over which Day One has no input or control.

2.4. What We Don’t Do.

2.4.1. Day One is not a lender and we don’t provide any Bankruptcy Car Loans. Day One does not make any credit decisions or assess your qualifications for a Bankruptcy Car Loan; however, if you fail to fully complete the Loan Inquiry, we may either reach out to you for additional information or terminate your Loan Inquiry without further action by Day One, at our sole discretion.

2.4.2. Day One does not provide bankruptcy or legal advice. The content provided on the Website is for informational purposes only and is not intended as financial or legal advice. If you are contemplating filing for bankruptcy or have an open bankruptcy case, you must consult with your legal counsel as to the potential effects of applying for or obtaining a Bankruptcy Car Loan before submitting a Loan Inquiry.

2.4.3. Day One is not a credit reporting agency, it does not maintain credit information about you or any other individual, and it cannot correct your credit history.

3. Your Loan Inquiry.

3.1. True Information.

3.1.1. You agree to only submit complete and accurate information to Day One as part of your Loan Inquiry.

3.1.2. You that you will only submit a Loan Inquiry for yourself and will not submit identifying information about any other person (except your spouse or potential co- applicant, in the appropriate fields) as part of your Loan Inquiry.

3.1.3. You acknowledge and agree that Day One may terminate your Loan Inquiry if it learns that any of the information you have submitted is false or misleading.

3.1.4. You acknowledge and agree that any lender who contacts you in response to your Loan Inquiry may rescind any offer or terminate any pending Bankruptcy Car Loan application if it learns that any of the information you have submitted in connection therewith, including without limitation, your Loan Inquiry, is false or misleading.

3.2. Credit Application.

3.2.1. You understand and agree that your Loan Inquiry constitutes a credit application. By submitting a Loan Inquiry, you are authorizing Day One and/or its associated lenders to ask for a copy of your credit report from a credit reporting agency. This is known as a “hard inquiry” and may (a) show up on your credit report and/or (b) affect your credit score. Submission of your Loan Application will serve as written instructions under the Fair Credit Reporting Act that Day One and/or its associated lenders may obtain your credit report and/or review your credit history and credit score for purposes of deciding whether to approve you for a Bankruptcy Car Loan.

3.2.2. By submitting a Loan Inquiry, you agree that Day One and/or its associated lenders may use and analyze the information in your Loan Inquiry and credit report to provide you with personalized recommendations for a Bankruptcy Car Loan and other services.

4. Changes to Agreement and Privacy Policy.

Internet technology and the applicable laws, rules, and regulations change frequently. Accordingly, Day One reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you, to be given by the posting of a new version or a change notice. It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing and/or using the Service. Unless Day One obtains your express consent, any revised Privacy Policy will apply only to information collected by Day One after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

5. Eligibility.

5.1. Age. By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law.

5.2. Corporate Use. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

6. License.

Subject to your compliance with these Terms of Service, Day One grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website and to use the Service. The Service, including any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior, express written consent of Day One. All rights not expressly granted herein are reserved by Day One. Without limitation, this Agreement grants you no rights in or to the intellectual property of Day One or any other party, except as expressly set forth herein. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate if you breach, actually or potentially, in the sole judgment of Day One, any provision of this Agreement.

7. Assumption of Risk; Release.

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Project 17, LLC, doing business as Day One and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.

8. Consent to Receive Electronic Communications from Company.

By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you hereby expressly consent to receive electronic and other communications from Day One, over the short term and periodically, including email and short-message service ("SMS" or "text message") communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to support@dayonecredit.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

9. Third Party Websites.

The Service is linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with Day One and some of whom may not. Day One does not have control over the content and performance of Third Party Websites. Day One has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, Day One does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. Day One disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.

10. Prohibited Uses.

Day One imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited:

10.1. harassing or stalking any person, or contacting any person who has requested not to be contacted;

10.2. providing false, misleading, or inaccurate information to Day One or any other person in connection with the Service;

10.3. impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;

10.4. modifying or changing the placement and location of any advertisement posted through the Service;

10.5. harvesting or otherwise collecting information about users, including email addresses and phone numbers;

10.6. without express written permission from Day One, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites;

10.7. accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;

10.8. attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization;

10.9. interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by means of submitting a malware or exploiting software vulnerabilities;

10.10. using the Service to send unsolicited email, including without limitation promotions or advertisements for products or services;

10.11. forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);

10.12. while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;

10.13. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; and/or

10.14. creating additional accounts to promote your (or another's) business, or causing others to do so.

11. Intellectual Property.

11.1. Compliance with Law. You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

11.2. Trademarks. Day One and the Day One logo (collectively, the "Company Marks") are trademarks or registered trademarks of Day One. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in or to, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of Day One, and you agree to assign, and hereby do assign, all such goodwill to Day One. You shall not at any time, nor shall you assist others to, challenge Day One's right, title, or interest in or to, or the validity of, the Company Marks.

11.3. Copyrighted Materials; Copyright Notice. All content and other materials available through the Service, including without limitation the Day One logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Day One or are the property of Day One's licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in or to any such materials.

12. Disclaimers; Limitation of Liability.

12.1. No Warranties. Day One, on behalf of itself and its licensors and suppliers, hereby expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Day One nor its licensors or suppliers warrants that you will qualify for or obtain a Bankruptcy Car Loan, that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. Day One disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. Day One shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Day One, Company Parties, or Day One users, or their agents or representatives.

12.2. Your Responsibility for Loss or Damage; Backup of Data. You agree that your use of the Service is at your sole risk. You will not hold Day One or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations. Importantly, you hereby acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.

12.3. Limitation of Liability. In no event shall Day One or its licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Day One or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Day One and you. The Service would not be provided without such limitations.

12.4. Application of Disclaimers. The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Day One or between you and any of Day One's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Day One's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

13. Your Representations and Warranties.

You represent and warrant that your use of the Service will be in accordance with this Agreement and any other Day One policies, and with any applicable laws or regulations.

14. Indemnity by You.

14.1. Duty to Indemnify. Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless Day One and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Day One, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Day One, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service; (iv) your provision to Day One or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

14.2. Participation. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

14.3. Prohibited Uses. Without limitation, the Indemnitor also hereby agrees to compensate Day One for any and all lost revenues, future lost profits, reasonable search costs, and any other reasonable expenses resulting from any Indemnitor violation of Section 10 (Prohibited Uses), including without limitation any suspension of affiliate accounts or affiliate payment attributable to fraudulent efforts to manipulate or otherwise modify reported impressions generated by the Company Parties under any affiliate advertising agreement.

15. Dispute Resolution.

15.1. Binding Arbitration.

15.1.1. If you and Day One cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

15.1.2. You hereby acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.

15.1.3. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

15.1.4. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for herein, Day One will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also hereby agree to reimburse Day One for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Day One may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.

15.2. Restrictions Against Joinder of Claims.

15.2.1. You and Day One agree that any arbitration shall be limited to each Claim individually. You and Day One hereby agree that each may only bring claims against the other in your or Day One's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

15.2.2. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

15.3. Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Day One from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Day One from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of California.

15.4. Venue for any Judicial Proceeding.

15.4.1. This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

15.4.2. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to San Diego, California. The parties hereby stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

16. Termination.

16.1. By Company. Without limiting any other provision of this Agreement, Day One reserves the right to, in Day One's sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.

16.2. Automatic Termination Upon Breach by You. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Day One.

16.3. By You. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Day One notice of your intention to do so, in the manner required by Section 17 (Notices).

16.4. Effect of Termination.

16.4.1. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, Day One may, but has no obligation to, in Day One's sole discretion, rescind any services and/or delete from Day One's systems all your personal information and any other files or information that you made available to Day One or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.

16.4.2. After termination, Day One reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

16.4.3. Legal Action. If Day One, in Day One's discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Day One will be entitled to recover from you as part of such legal action, and you agree to pay, Day One's reasonable costs and attorneys' fees incurred as a result of such legal action. The Company Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.

16.5. Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1, 7–9, 11–18.

17. Notices.

All notices required or permitted to be given under this Agreement must be in writing. Day One shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Day One. You agree that any notice received from Day One electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Day One is accurate and current, and notice to you shall be deemed effective upon the sending by Day One of an email to that address. You shall give any notice to Day One by means of email to support@dayonecredit.com.

18. General.

18.1. Entire Agreement. This Agreement constitutes the entire agreement between Day One and you concerning your use of the Service.

18.2. Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

18.3. Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Day One, or by the unilateral amendment of this Agreement by Day One along with the posting by Day One of that amended version.

18.4. No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

18.5. Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Day One. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

18.6. Independent Contractors. You and Day One are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

18.7. No Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties; and Day One's licensors and suppliers, including without limitation its associated lenders (to the extent expressly stated in this Agreement).

18.8. Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Day One and Day One's licensors and suppliers, and would therefore entitle Day One or Day One's licensors or suppliers, as the case may be, to injunctive relief.

18.9. Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.