DayOneCredit.com Terms of 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 and/or dealers 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 and/or dealers, 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 and/or dealer in order to secure your Bankruptcy Car Loan. In some circumstances, Day One will be unable to match you with an interested lender and/or dealer.

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.

3.1. True Information.

3.2. Credit Application.

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.

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.

11.1. 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.

12.1. 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.

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.

15.1. Binding Arbitration.

15.2. Restrictions Against Joinder of Claims.

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.

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.

16.5. 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.

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 and dealers (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.