Terms of Service
Last Updated : 12/15/2019
Welcome to MemorialFunding.org!
Thanks for using MemorialFunding.org and associated tools, products and services (collectively, the “Site”). The Site is provided by Memorial Funding (“Memorial Funding”, “we,” “our,” or “us”), P.O. Box 7263 Berlin, CT 06037.
By using our Site, you are agreeing to these terms. Please read them carefully. By using or accessing this Site, you intend and agree to be legally bound by this agreement.
You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to access and use the Site.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY (please see Sections 6, 7, and 8). These provisions form an essential basis of our bargain. If you do not agree to these Terms, you are not authorized to access or use the Site or the services offered on the Site and you should stop using and exit the Site.
- Using our site
PLEASE BE ADVISED THAT WE ARE NOT A LENDER OR PARTY TO ANY LOAN OR OTHER TRANSACTION. We do not make loans or provide other financial products or services described on the Site. Instead, the Site acts as a venue to allow lenders and other parties who are customers of our Site, such as marketing partners and third party finders and aggregators working on behalf of lenders(each, a “Lender”), to offer, in a variety of formats, loans and other authorized products and services to potential consumers (each, a “Consumer”; all Consumers and Lenders are referred to together as the Site’s “users”) who have visited our Site or affiliated sites and applied to receive a loan or information about loans or other products or services from a Lender. We are not involved in the actual transaction between any Consumer and any Lender even though we may, through our Site or other affiliate sites, and with each Consumer’s authorization, collect certain information (collectively, a “Lead”) about any Consumer and sell such Lead to a Lender. As a result, the quality, safety or legality of the loans and other financial products or services offered by any Lender, the ability of Lenders to offer, sell or deliver such products or services, or the ability of Consumers to pay for the products or services offered are solely the responsibility of each user and not Memorial Funding. We are an independent contractor for all purposes. We are not responsible in any way for the conduct of any Consumer or Lender. We do not endorse or recommend any Lenders, or any loans or other products or services offered by any Lender. We do not provide loan, tax, legal or any other financial advice. We do not guarantee that any of the Lenders to whom we forward any Consumer’s application or information will contact such Consumer or agree to provide the Consumer with the desired or requested loan. If you are a Consumer and you would like personal advice or specific loan recommendations, please consult with a loan counselor or another qualified professional.
The Lenders that can provide you with loans or conditional offers may not respond with offers until they obtain additional information from you, such as the results of a credit check. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Lenders may obtain, verify and record information that identifies each person who applies for or obtains a loan from them. For example, they may ask for your name, Social Security Number or driver’s license number, address, date of birth, and other important information that will allow proper identification of you. By submitting such information on a loan request form or similar form on our Site, you authorize us to provide such information to Lenders in order to help you complete your request (including providing you with information about other products or services in which you have expressed an interest). Additionally, by submitting a loan request form or similar form on our Site, you authorize the Lenders to verify the accuracy and authenticity of all information supplied by you and your eligibility for their programs, both internally and with the assistance of unaffiliated third parties or credit bureaus through a credit check(s). Specifically, and without limiting the preceding sentence, Lenders may first conduct a “soft check(s)” of your creditworthiness to preliminarily assess your eligibility for a loan. Soft checks can remain on your credit report for six months but do not affect your credit score. Following a soft check, Lenders may also conduct a “hard check(s)” to fully evaluate your creditworthiness and your eligibility for a loan. You can learn more about how credit checks can affect your credit score at myfico.com.
You may not be matched with the Lender making any specific quote or offer. Although Memorial Funding is compensated by Lenders when we display advertisements for their products or services to you and/or when you respond to a quote or offer for a loan or another product or service from a Lender, Memorial Funding does not make any decisions in connection with the loan or other financial product or service. Any compensation from Lenders is payment for Memorial Funding’s services, tools and facilities. Your use of the Site constitutes your agreement with this compensation arrangement.
The loans and other financial products and services provided or advertised on and through the Site may not be available in all states, and the availability of such services and the products offered on and through the Site may change from to time without notice. Lenders are not attempting to offer to make loans outside of their authorized states or country by participating in and offering their products or services on the Site. Lenders may discontinue, suspend or terminate the offering of any loan or other product or service in any specific state through the Site at any time, without prior notice.
Using our Site does not give you ownership of any intellectual property rights in our Site or the content you access. You may not use content from our Site unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used on our Site, including the Memorial Funding name and logo. Don’t remove, obscure, or alter any legal notices displayed on or along with our Site.
Our Site displays some content that is not our own; for example, content belonging to our advertisers or other users. This content is the sole responsibility of the individual or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.
In connection with your use of the Site, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications, for example, by clicking on the “unsubscribe” link in marketing e-mails or texting “Stop” or “Do Not Send” in response to text messages. Please be aware that there may be a brief period before we are able to process your opt-out, but we will always respect your legal rights to opt out of receiving unwanted messages.
The Site is available on mobile devices. Using the Site may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the Site on your mobile device.
- Privacy and Feedback
- Intellectual property protection
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do so. If you are a copyright owner or its agent and believe that any content residing on or accessible through the Site infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that we have removed or to which we have disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of U.S. District Court for the Central District of California, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Services.
The contact information for our Designated Agent is:
Memorial Funding Inc.
Attention: Copyright Agent
Memorial Funding Inc, 8910 University Center Lane, Suite 400, San Diego, California 92122 United States
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us atinfo@MemorialFunding.org. We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of Memorial Funding or others, and/or to remove, delete, edit or disable access to such person’s content. You agree that we have no liability for any action taken under this section.
- About Software in our Site
MemorialFunding.org gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software we provide to you as part of the Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Site or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
- Modifying and Terminating our Site
We are constantly changing and improving our Site. We may add or remove functionalities or features, and we may suspend or stop the Site altogether.
You can stop using the Site at any time, although we’ll be sorry to see you go. We may also stop providing the Site to you, or add or create new limits to the Site, at any time.
- Our Warranties and Disclaimers
We provide the Site using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about the Site.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MEMORIAL FUNDING NOR ITS LICENSORS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SITE “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
- Liability for our Site
WHEN PERMITTED BY LAW, MEMORIAL FUNDING, AND OUR LICENSORS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MEMORIAL FUNDING, AND OUR LICENSORS, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SITE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES PROVIDED BY THE SITE AGAIN).
IN ALL CASES, MEMORIAL FUNDING, AND ITS LICENSORS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN ANY PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND MEMORIAL FUNDING, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITES OR THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
- Business/Employer Uses of our Site
If you are using the Site on behalf of a business or employer, that business or employer accepts these terms.
You hereby agree to indemnify, defend and hold harmless Memorial Funding, its affiliated companies, and their respective directors, officers, employees, agents, representatives, partners, contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these terms, any content you provide through the Site, or your use or misuse of the Site. However, you will not be responsible for claims, damages and costs which are found by a court of competent jurisdiction to have arisen solely from our wrongful acts or omissions.
- About these Terms
We may modify these terms or any additional terms that apply to the Site to, for example, reflect changes to the law or changes to our Site. You should look at the terms regularly and the “Last Updated” date at the beginning of these terms. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than ten (10) days after they are posted. However, changes addressing new functions for the Site or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Site, you should discontinue your use of the Site.
These terms control the relationship between Memorial Funding and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the State of California, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Site. All claims arising out of or relating to these terms or the Site will be litigated exclusively in the federal or state courts of Los Angeles, California U.S.A., and you and Memorial Funding consent to personal jurisdiction in those courts.
You may not assign or delegate your rights or obligations relating to these terms without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact Memorial Funding, please visit our contact page.