Terms of Use

Terms of Use

Effective Date: August 15, 2019

Thank you for using https://mypaperback.org (the “Website”). By using the Website you are agreeing to be bound by the terms of use described below (the “Terms of Use”), so please read them very carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

These Terms of Use are provided on behalf of Paperback, LLC and its affiliates (together, “Paperback”, “we”, or “us”).

Our Services

Paperback is a financial technology firm that uses proprietary software and algorithms to help consumers identify and apply for better credit and payment options based on their personal employment and household situations. We specialize in student loan repayment. We do not accept funds on behalf of your creditors. We are not a lender. We do not take applications, make loans, or make credit decisions in connection with your loans. We are not affiliated with the U.S. Department of Education or any student loan servicers.

Paperback is licensed as a telephonic seller, debt adjuster, or credit services organization in applicable jurisdictions.[i] Paperback may not do business in your state.

You may contact us using the information provided below.

Privacy

Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Website. We will not share or sell any of your information with any third party, except as specifically described in our Privacy Policy, which is hereby incorporated by reference into these Terms of Use.

Information Sharing

You may have the opportunity to share content or information, including, but not limited to, your name, email address, or other information that you provide via the Website. By sharing information or content on the Website, you expressly agree to all of the following:

  • You grant Paperback a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any information or content that you post on or in connection with your use of the Website, subject to the privacy provisions described in our Privacy Policy.
  • You understand that deleted content or information may continue to exist on our servers or in backup copies that we maintain for our own use.
  • You will not post content or take any action on the Website that may constitute libel or slander, infringes or violates someone else’s rights, that is protected by any copyright or trademark, or otherwise violates the law.
  • Content and information that you share will be available to other users of our Website. You understand that such third parties may access, use, store and transfer such content and information and to associate it with you.
  • You agree that you will not use the Website for commercial purposes.
  • We may remove any content or information that you share on the Website for any reason.
  • You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or any transaction being conducted on our Website.

Loan Pre-Registrations and Applications

You may be presented with the opportunity to pre-register and/or apply for a loan or loan payment plan through the Website. When pre-registering or applying on the Website, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, Paperback has the right to terminate your pre-registration and/or application and to decline to provide any and all future use of the Website. We reserve the right to decline your application for a loan or a payment plan.

Your Account

You may be required to create an account to use of the certain parts of the Website. When you create an account, you will be required to pick a user name and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately.

Changes and Modifications

Paperback reserves the right to temporarily or permanently modify or discontinue the Website, or any portion of the Website, for any reason, at our sole discretion, and without notice to you. Paperback may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time, because your continued access or use of the Website after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

Links

This Website may contain links to websites maintained by non-affiliated third parties. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of Paperback. Paperback does not endorse or recommend, and hereby disclaims any liability for, any information or products offered at such websites.

No Warranty

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING THE FOLLOWING. FIRST, WE DISCLAIM ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE, OF THIS WEBSITE. SECOND, WE DISCLAIM ANY WARRANTY THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE OR THAT WE WILL CORRECT ANY DEFECTS THAT ARE FOUND. THIRD, WE DISCLAIM THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE’S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE, AND NONINFRINGEMENT. ANY MATERIAL THAT YOU DOWNLOAD IN CONNECTION WITH THIS WEBSITE TO YOU IS DONE ENTIRELY AT YOUR OWN RISK. ANY DAMAGES, INCLUDING THOSE TO YOUR COMPUTER SYSTEM OR RELATED TO DATA LOSS, ARE YOUR RESPONSIBILITY. WE MAKE NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE OF THE UNITED STATES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS OF THE LOCATION FROM WHICH YOU ACCESS THE WEBSITE.

Use of Personal Data

Paperback and its subsidiaries use third party service providers to retrieve certain personal data from non-affiliated financial institutions which hold accounts on your behalf. These service providers, including but not limited to: RAM Funding, LLC and Account Management Plus, Inc., retrieve financial information such as holdings, balances and transactions. Paperback and its subsidiaries use this personal data for our business purposes in a manner that is consistent with our Privacy Policy.

Paperback and its subsidiaries may use your personal data, user data and other information collected through the Website to help us improve the content and functionality of the Website, to better understand our customers and markets, to improve our products and services and to effect and facilitate sales.

Paperback and its subsidiaries may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future communications.

Consumer Communications

By accepting these Terms of Use, you expressly consent to be contacted by Paperback, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your account, which includes, but not limited to, your user profile or any account used in connection with a product offered by Paperback, Inc. or its affiliates, at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including Paperback messages (including text messages) calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave messages on your answering machine, voice mail, or send messages via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. PAPERBACK AND OUR AGENTS, REPRESENTATIVES, AFFILIATES AND ANYONE CALLING ON OUR BEHALF MAY USE SUCH MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR OTHER MEANS.

  1. In order to access, view, and retain SMS Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.
  2. All SMS Notifications in electronic format from us to you will be considered “in writing.”
  3. There is no service fee for SMS Notifications but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.

Call Recording

You agree that Paperback and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line.

Limitation of Liability

You agree that all access and use of the Website and its contents is at your own risk. In no event shall Paperback be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Paperback, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Service Disruption

We do not warrant that the Website will be uninterrupted, not delayed, or free from error. We will not be held responsible for interruptions to the Website. We are not liable for failures or delays caused by matters beyond its reasonable control. These matters include government acts or restrictions, acts of terrorism, fires, floods, earthquakes, hurricanes or other natural disasters or acts of God, wars, riots, strikes, network, server or power disturbances or failures, software glitches, internet disturbances, labor disputes or unrest, or intellectual property disputes. Your use of the Website is at our discretion. We may suspend or limit your use at any time. In those cases, we will attempt to notify you by email. Your rights and obligations under the Terms of Use will not be affected by any suspension or limitation of your use.

Paperback Community Terms of Use

You may be provided with the opportunity to share information with other users or publicly.

Paperback takes no responsibility for the content that you choose to post. You may not engage in behavior that is offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, illegal, or violates another user’s rights. Paperback reserves the right, but is not obligated, to monitor and review content you post, which may include deletions if, in Paperback’s sole judgment, the content is a breach of these Terms of Use or if the content otherwise could harm Paperback’s reputation. By posting content, you grant to Paperback a non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use your content in any way. You are also prohibited from providing false information. If you find that there is information on your profile that is no longer accurate, it is your responsibility to edit it or alert Paperback.

The following is a brief list of the type of content that is prohibited by these Terms of Use, which is not meant to be all-encompassing:

  • Posting material that violates a third party’s copyright.
  • Posting inappropriate photos, such as a photo containing nudity or violence.
  • Providing misleading or false information.
  • Threatening physical harm.
  • Soliciting members with “junk mail” or “spam”.
  • Promoting racist, sexist, or bigoted statements against any group or individual.
  • Soliciting personally identifiable information from members for commercial or unlawful purposes.
  • Stalking or harassing any members.
  • Promoting any illegal activities.

Intellectual Property

Paperback owns the copyright in all of the information and material contained in this Website. The contents of the website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. Your right to use the Website is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Website, or use of or access to the Website, or any information or technology obtained from the Website, including, but not limited to, Paperback’s trademarks. If you believe that any material on this Website, including any material posted by members, violates your copyright, please notify us at support@mypaperback.org. Paperback will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary.

Indemnification

You shall indemnify, defend and hold harmless Paperback and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Paperback Website; (ii) your breach of this License; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this License; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

CALIFORNIA WAIVER

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NEW JERSEY WAIVER

IF YOU ARE ACCESSING THE SITE FROM NEW JERSEY, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (II) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY MEDICAL ISSUE) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITE; AND (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US , AND OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE;  AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON OUR PART AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS SECTION AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

Termination

Paperback may, in its sole and absolute discretion, at any time and for any or no reason and with or without prior notice, suspend or terminate this License and the rights afforded to you hereunder. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Paperback. Upon the termination of this License, you shall cease all use of the Website.

Applicable Law

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Website. Our Website is available only to individuals who are permitted to use it under applicable law. Additionally, the Website is intended only for personal, non-commercial use and display by U.S. residents aged 18 years and over. If you do not qualify, please do not use our Website. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree to be solely responsible for your actions and the contents of your transmissions through the Website. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and the License, and to use the Website in accordance with these Terms of Use. Unauthorized use of this Website, including but not limited to unauthorized entry into Paperback’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

These Terms of Use and the License shall be governed in all respects by the substantive laws of the State of California, without regard to its provisions relating to conflict of laws. You and Paperback agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Los Angeles, CA. The failure of Paperback to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use or the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the License remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website or these terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Other Terms

Competence. You represent that you are of legal age to enter into this legally binding Terms of Use with us.

Severability. If any provision of the Terms of Use is held to be invalid, illegal, or unenforceable, then the remaining provisions of the Terms of Use remain in full force. Notwithstanding anything herein to the contrary, the “No Warranty” and the “Limitation of Liability” language must survive the termination of the Terms of Use.

Successors and Assigns. The Terms of Use benefit and bind us, and our successors, and its assigns, and also binds and benefits you individually.

Assignment. You and the persons you represent may not assign the Terms of Use or your rights and obligations under it without our express prior written consent. We may withhold this consent in our sole discretion. We may assign the Terms of Use and our rights and obligations under it without your consent or the consent of any persons you represent.

No Agency. Nothing contained in the Terms of Use shall be deemed to constitute either party as the agent or representative of the other party. We and you are not joint venturers or partners for any purpose.

Headings. Headings contained in the Terms of Use are for reference and convenience purposes only. They do not limit or change the meaning or interpretation of the Terms of Use.

No Waiver. Our failure to enforce the Terms of Use will not be a waiver. Our failure to enforce any provision of the Terms of Use will not be a waiver of our right to act on subsequent breaches or similar breaches. Our failure to enforce any provision of the Terms of Use will not be a waiver of our right to enforce that provision.

Loan Broker Services (where available)

  • Matching You with Lenders. We work to arrange for the extension of credit or modification of credit terms through one of our Lenders. We use the information you provide us to allow our Lenders to evaluate you for repayment options. We collect information from you to register you as a user of our Website and to determine if you meet a Lender’s eligibility criteria. After we analyze the information you provide, we will work with Lenders to arrange a loan payment plan offered by a Lender. If you are eligible to apply for loans offered by Lenders, then we may display choices that may interest you. You will then have the opportunity to select one of the choices. If you do not meet the eligibility criteria for the Lenders, then we may not provide you with any choices. You must complete an application with a Lender before they will offer you a loan. Lenders offer these terms directly to you. We may transfer your information to Lenders at your request and with your authorization to allow the Lender to prepare your application with them for you to submit. This is the point that you start an application process for a loan from the Lender that you have selected. The application process takes place with the Lender; we do not offer you the loan.
  • Relationship with Lenders. You must rely on your own judgment to decide which product and Lender suits your needs. You are under no obligation to use our Website to find a loan. We do not guarantee that completing a request will result in a match with a Lender. You may not receive an offer from a Lender. We do not have any control over the criteria that Lenders use in accepting or rejecting your application. We do not guarantee that the options available to you from the Lenders are the best terms or the lowest rates available. If we do not provide you with any choices, then you will not be able to be transferred to a Lender from our Website to apply for a loan.
  • No Endorsement. We do not recommend or endorse the products or offerings of any Lender. The Lender is solely responsible for its services and relationship with you. We are not liable for any damages or costs related to your relationship with the Lender.
  • Not an Agent. Unless stated otherwise, we are not your agent. Furthermore, we are not the agent for any participating Lender.
  • Collection of Information and Verification. We may require that you furnish us and the Lender with identifying information. We use this information as detailed under our Privacy Policy. We also use this information to match you with potential loan offers from Lenders. You authorize us and Lenders to obtain a personal credit profile from a credit bureau for credit pre-qualification and identity verification. You further agree that we may verify your identity and the information you provide us with third parties. A Lender may require more information from you to apply for a loan. The terms and conditions of any loan available from the Lender may change depending on information available to the Lender or your complete credit profile. We, or a Lender, may require further information from you to comply with our legal obligations, including, without limitation, anti-terrorism laws and regulations. You agree that any information you provide us will be governed by the Terms of Use, including, without limitation, the Conditions of Use section below.
  • Sharing of Information. You agree that we may share your information with Lenders to provide you with potential Loan choices. You acknowledge that Lenders have their own privacy practices and that you should review and understand their privacy policies and website terms of use when you apply for a loan with these Lenders. You agree that both the Lender and we may communicate with you regarding your use of the Website, the Service, and the information you shared with us.

Entire Agreement. The Terms of Use constitutes the entire agreement between us.

Please direct all questions or comments about these Terms of Use support@mypaperback.org.

[i] Licensed jurisdictions as of August 12, 2019 include: Alaska, Arizona, Arkansas, California, Delaware, Florida, Indiana, Louisiana, Missouri, Nebraska, New York, North Carolina, South Dakota, Texas, Wisconsin. Not every state requires a license for Paperback to provide services to its residents. Paperback does not do business in all 50 states.

(844) 650-2274