Last Updated: Jan 13, 2023

Terms of Use Agreement

Please note that all calls with WEST BRAND MARKETING LLC may be recorded or monitored for quality assurance and training purposes.

You are visiting a website owned by WEST BRAND MARKETING LLC. By using this website, you are entering into a legal agreement to abide by the terms of use you see here, and you are agreeing that you have read and fully understand these terms of use.

This Terms of Use Agreement (“Agreement”) applies to the websites operated by WEST BRAND MARKETING LLC and any of its affiliates and subsidiaries (“Websites” or each individually “Website”) on which this Agreement is displayed. This Agreement also applies to your use of any goods, facilities or services offered through the Websites (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Websites, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service.

• For purposes of this Agreement, “you” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.
• “West Brand Marketing”, “us” or “we” includes WEST BRAND MARKETING LLC and any of its affiliates or subsidiaries.
• “Loan” includes, but may not be limited to, any of the credit and related products and services which you may inquire about by using the Websites.
• “Provider(s)” includes, but may not be limited to, the banks, lenders, financial institutions, insurers, service providers, real estate companies, dealers, agents, brokers and other entities offering products and services through West Brand Marketing’s Websites.
• “Form” refers to your request to be matched with West Brand Marketing’s services and/or a provider of any of the products and services that you may be connected to through West Brand Marketing’s Websites or telephone agents.

Changes to the Terms of Use

We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites are intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America.

Privacy Policy

Our Privacy Policy, hereby incorporated by reference into this Agreement, explains how We collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.

Copyright, Trademark and Service Mark Notices

All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to West Brand Marketing. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without West Brand Marketing’s prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content.

Disclaimers and Liability

THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. West Brand Marketing DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. West Brand Marketing DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

UNDER NO CIRCUMSTANCES WILL West Brand Marketing BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES.

West Brand Marketing DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

Indemnity

You agree to indemnify, defend and hold harmless West Brand Marketing and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“West Brand Marketing Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of West Brand Marketing. The West Brand Marketing Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Limitation on Damages

West Brand Marketing’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL West Brand Marketing BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL West Brand Marketing’S TOTAL LIABILITY EXCEED U.S. $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.

Links to Third Party Websites

The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.

Errors and Delays

You agree that West Brand Marketing is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.

Dispute Resolution, Governing Law, Waivers and Limitations

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITES, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN LOS ANGELES, CALIFORNIA; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.

You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

You also agree that any Dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the Dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.

Except to the extent that you subsequently enter into a debt resolution agreement with West Brand Marketing, this Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and West Brand Marketing and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter hereof. If a conflict between the language of this Terms of Use Agreement and the language of any terms incorporated by reference, the latter incorporated terms shall control.

You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.

Terms Applicable to All Services

We provide content related to products/services we offer and fulfill upon, certain educational content, and operate online marketplaces that enable consumers to consider and be connected with Providers through West Brand Marketing’s Websites for financial products and services.

By submitting any Form through a West Brand Marketing Website, and separately for each such request you submit, you are indicating that you desire to be contacted by Providers, and you are providing express written consent that West Brand Marketing and Providers with whom you are connected, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using West Brand Marketing’s services.

You consent to receive email from West Brand Marketing, its affiliates, and its Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.

You may opt out of receiving emails from West Brand Marketing at any time by engaging in any of the following reasonable means: (1) visiting our opt-out page at Unsubscribe (2) notifying a West Brand Marketing customer service representative that you no longer wish to be contacted by West Brand Marketing and are revoking your consent to be contacted; or (3) Responding to any SMS, mobile, or text message you receive from West Brand Marketing in accordance with the express written instructions of that particular messaging program. At any time, you may update your preferred method of contact by emailing info@westbrandmarketing.com. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that West Brand Marketing is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.

West Brand Marketing is not a lender or a creditor. West Brand Marketing is not an agent of either you or any Provider. Except as otherwise provided for in your state (please see the Licenses section of the Websites), West Brand Marketing is not acting as your agent or as the agent of any Provider. West Brand Marketing’s services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from West Brand Marketing in deciding which available product, terms and Provider best suits your needs and financial situation.

Any Form you submit is not an application for credit or credit/debt related services. Rather, it is an inquiry to be connected with Providers that may be able to present conditional offers. The Provider (other than West Brand Marketing) is solely responsible for its services to you, and you agree that West Brand Marketing shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider. You understand that Providers may keep your Form information and any other information provided by West Brand Marketing or received by them in the processing of your Form, whether you are qualified for a product with them or complete a formal application for services with them.

For any Service, by saving your information with West Brand Marketing or submitting a Form, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.

When you “submit” information, create an account or otherwise register for Services through our Websites, you understand and agree that you have established a business relationship between you and West Brand Marketing. Accordingly, West Brand Marketing may send your information to certain affiliates and third parties as provided in the [Insert Link to Privacy Policy] and you agree that West Brand Marketing, its affiliates, and persons calling onWest Brand Marketing’s behalf may contact you using information you provided with information and offers of services available through West Brand Marketing and the Websites. You also give West Brand Marketing permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information regarding your submission, including incomplete Forms, the identification of connected Providers, deadlines, quality of services or other matters in connection with your Form.

In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with West Brand Marketing in order to adhere to applicable laws. Providers and West Brand Marketing may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for West Brand Marketing and the selected Provider to share this information for these purposes.

How We Are Compensated

West Brand Marketing may be paid a marketing lead generation fee by Providers for the goods, facilities and services provided. Your use of the Websites and/or West Brand Marketing’s services constitutes your agreement with this compensation arrangement.

All notices must be made in writing and mailed to:

West Brand Marketing LLC
1887 WHITNEY MESA DR #3697
HENDERSON, NV 89014
tel: 801-776-6769
info@westbrandmarketing.com