Website Terms of Use

1. Acceptance of These Terms

These Terms of Use ("Terms") govern your access to and use of https://beaconacctservices.com/ (the "Site"), including any webpages, content, features, functionality, and services made available through the Site, operated by Beacon Account Services, Inc., a Delaware corporation ("Beacon," "we," "us," or "our"). By accessing or using the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Site.

These Terms govern your use of the Site itself. They do not modify, replace, or otherwise affect any separate agreement you may have with Beacon, Above Lending, or any other party regarding an account, loan, or debt - including any arbitration or dispute-resolution terms in that separate agreement.

2. Intellectual Property / Ownership

All content on the Site - including text, graphics, logos, images, software, and the overall design and "look and feel" of the Site - is owned by Beacon or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may view and print pages from the Site for your own personal, non-commercial use. You may not, without Beacon's prior written permission:

• Reproduce, copy, republish, distribute, transmit, display, modify, or create derivative works from, sell, license, or exploit any Site content;
• Use any content on the Site for commercial purposes;
• Remove or alter any copyright, trademark, or other proprietary notices from Site content;
• Use any automated system (bots, scrapers, crawlers) to access or extract data from the Site, except as permitted by Beacon or by applicable law.

Any trademarks, logos, and service marks displayed on the Site are the property of Beacon or third parties. Nothing on the Site should be construed as granting any license or right to use any trademark, logo, or service mark without the prior written permission of the owner.

3. No Warranty

THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Beacon does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Beacon does not warrant the accuracy, completeness, or timeliness of any information provided on the Site.

Nothing on the Site constitutes legal, financial, or credit-related advice. If you have questions about a specific debt, account, or your legal rights, please contact us directly using the information provided elsewhere on this Site, or consult a qualified professional. Some jurisdictions do not permit the exclusion of certain warranties, so some of the foregoing exclusions may not apply to you.

4. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEACON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, BUSINESS OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of, or inability to access or use, the Site;
• Any conduct or content of any third party on the Site;
• Any unauthorized access, use, or alteration of your transmissions or content;
• Any errors or omissions in any content on the Site.

IN NO EVENT SHALL BEACON'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SITE EXCEED ONE HUNDRED DOLLARS ($100).

The limitations in this Section 4 apply regardless of the legal theory asserted and even if we were advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

5. Indemnification

To the extent permitted by applicable law, you will indemnify and hold Beacon, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms by you, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and reasonable attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site.

6. Third-Party Links

The Site may contain links to third-party websites (for example, the CFPB's website or a state regulator's website). These links are provided for convenience only. Beacon does not control, endorse, sponsor, and is not responsible for the content, privacy practices, or accuracy of any third-party site. Your use of third-party websites is governed by their respective terms and conditions.

7. Prohibited Activities

You are responsible for anything you transmit to or through our Site. You represent that your transmissions to us are and will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using the Site, you agree that it is solely your responsibility to avoid certain activities that we deem, at our discretion, to be prohibited. These prohibited activities include without limitation:

• Criminal activity or tortious activity, including (i) fraud or misrepresentation, (ii) harassment, (iii) infringement or misappropriation of a third party's copyright, trademark, patent, trade secret, or other intellectual property, (iv) slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive, (v) use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and (vi) content that promotes illegal or harmful activities or substances;
• Advertising to, or solicitation of, any user to buy or sell any products or services;
• Attempting to impersonate, or impersonating, another user or entity;
• Using a false email address, phone number, postal address, or contact information. You are also prohibited from using an email address, phone number, address or contact information of another entity or person without authorization;
• Attempting to access or search the Site or engaging in any automated use of the Site, such as using scripts, spiders, crawlers, data mining tools, or the like to collect data, send comments or messages, post on forums, and/or request information;
• Attempting to probe, scan, or test the vulnerability of any part of our system or network, or breach any security or authentication measures;
• Interfering with, disrupting, or creating an undue burden on the Site or the underlying networks;
• Accessing or tampering with non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
• Avoiding, bypassing, removing, deactivating, impairing, descrambling otherwise circumventing any technological measure implemented by us or our providers or any other authorized third party to protect the Site;
• Using meta tags or other hidden text or metadata utilizing a Beacon trademark, logo, URL, or product name without our express written consent;
• Using information or scraping information from our Site for any purpose whatsoever;
• Using the Site to send altered, deceptive, or false source-identifying information;
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, or spamming the Site;
• Collecting or storing any personally identifiable information from the Site from other users of the Site without their express permission;
• Using the Site in a manner inconsistent with any and all applicable laws and regulations; and
• Encouraging or enabling any other individual to do any of the foregoing.

8. Changes to These Terms

Beacon may update these Terms from time to time. The "Last updated" date at the top of this page will reflect the most recent revision. Unless otherwise stated, revised Terms become effective when posted to the Site. Your continued use of the Site after revised Terms are posted constitutes your acceptance of the revised Terms.

9. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws principles.

Subject to any applicable arbitration provision, any dispute arising out of or relating to your use of the Site will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of such courts.

10. Arbitration Agreement and Class Waiver

10.1 Scope - Website Use Only.

This arbitration agreement applies only to disputes arising out of or relating to your access to or use of the Site, including disputes regarding the Site's content, functionality, these Terms, or question regarding the Terms' existence, interpretation, validity, performance, or termination, or any dispute between you and Beacon arising from the relationship created by these Terms (a "Website Dispute").

This arbitration agreement does not apply to, and does not modify, waive, replace, or otherwise affect, any dispute arising from or relating to any account, loan, or debt you may have with Above Lending or any other creditor. Any such dispute is governed exclusively by the arbitration, dispute resolution, or other applicable provisions of your separate agreement with Above Lending or that creditor, not by this arbitration agreement. If there is ever a conflict between this arbitration agreement and the terms of that separate agreement regarding a dispute about your account or debt, the separate agreement controls.

10.2 Agreement to Arbitrate.

For any Website Dispute, you and Beacon agree to resolve the Website Dispute through binding individual arbitration rather than in court. Notwithstanding this arbitration agreement, either party may bring an individual action in small claims court if the claim qualifies and remains in that court. Either party may also seek temporary, preliminary, or permanent injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or computer security rights, or to address unauthorized access to or misuse of the Site.

10.3 Class Action Waiver.

You and Beacon agree that any arbitration under this arbitration agreement will be conducted on an individual basis only, and not as a class, collective, consolidated, private attorney general, or representative action. Neither party may participate in an arbitration of a Website Dispute as part of a class, and the arbitrator has no authority to conduct any arbitration as a class, collective, consolidated, privacy attorney general, or representative proceeding. You and Beacon also waive any right to a jury trial for any claim that is not subject to arbitration.

10.4 Mass Arbitration Procedures.

If twenty-five (25) or more substantially similar arbitration demands are filed against Beacon by or with the assistance of the same law firm, group of law firms, organization, or coordinated counsel, the demands will be treated as related for purposes of administration and fees. The parties will cooperate in good faith to implement procedures designed to promote the efficient, fair, and prompt resolution of the related demands, which may include batching, bellwether proceedings, phased administration, or other procedures adopted by the arbitration provider or ordered by the arbitrator, provided that each claimant's claim remains subject to individual resolution and no claim is arbitrated on a class, collective, consolidated, private attorney general, or representative basis without the parties' written agreement.

10.5 Arbitration Rules and Forum.

You may select either the American Arbitration Association ("AAA") or JAMS to administer the arbitration, applying that provider's consumer arbitration rules, as modified by these Terms. If neither AAA nor JAMS is available or willing to administer the arbitration, the parties will mutually agree on an alternative arbitration provider or, if they cannot agree, request that a court appoint one. The arbitration will be conducted by a single neutral arbitrator. The arbitrator may award the same damages and relief that a court could award on an individual basis, including any attorneys' fees and costs available under applicable law. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction.

10.6 Opt-Out Right.

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to Beacon at PO Box 62, Chicago, IL 60690 within 60 days of first accessing the Site. Your opt-out notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. Opting out of this arbitration agreement does not affect any other part of these Terms, and does not affect any separate arbitration provision in your agreement with Above Lending or another creditor.

10.7 Severability.

If any part of this arbitration agreement is found unenforceable, that portion will be severed and the remaining portions shall remain in effect, except that if the class action waiver in Section 10.3 is found unenforceable as to a particular Website Dispute, this entire Section 10 shall not apply to that dispute, and it shall instead be resolved in court as provided in Section 9. This arbitration agreement will survive termination of these Terms, termination of your account, and the end of your relationship with Beacon.

11. Severability and Waiver

In the event that any of the terms or provisions of these Terms is held to be unenforceable, the remaining terms and provisions will be unimpaired, and the unenforceable term or provision will be modified or replaced with an enforceable term or provision that comes as close as possible to the intention of the term or provision deemed unenforceable. Beacon does not waive any of its rights under these Terms unless the waiver is written and signed by a duly authorized representative of Beacon. Any waiver of any breach of any provision of these Terms will not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

12. Contact

Questions about these Terms can be directed to: help@beaconacctservices.com