In the event of any controversy claim or dispute between, the individual (“Client,” or “You”) enrolling for Diligent Credit Solutions, LLC (“Company,” “we,” or “us”) and the Company, arising out of or relating to this registration or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Suffolk County, State of New York or in the county in which the consumer resides in accordance with the Laws of the State of New York for agreements to be made in and to be performed in New York. The parties agree that the arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (except attorney’s fees) of arbitration equally. If the consumer's share of the cost (not fees) is greater than $2,000.00 (Two-thousand dollars), the company will pay the consumers share of costs in excess of that amount. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.
Company’s Right to Conduct Business Electronically, to Contact Client via SMS Text and via an Autodialer, and the Company’s Right to Use Pre-Recorded Messages When Contacting Client
Client agrees, unless specifically requested otherwise, that by entering into transactions with Diligent Credit Solutions, LLC (“Company”, or “we,” or “us”), Client affirms consent to receive, in an electronic format, all information, copies of agreements and correspondence from Company and to also send information in an electronic format unless previously agreed upon in writing with Company. Client consents and agrees that Company may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and Client intends and agrees that those electronic communications will be given the same legal affect as written and signed paper communications. Client has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Client’s consent may be withdrawn at any time upon Company’s receipt of such withdrawal. However Client’s withdrawal of Client’s consent to conduct business electronically can only occur if applicable law specifically requires Company to provide a paper copy of electronic documents. Withdrawal of consent will slow the speed at which Company can complete certain steps in transactions with Client and delivering services to Client. To inform Company that Client either withdraws Client’s consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update Client’s information, Client may send such request to: Diligent Credit Solutions, LLC at 70 Suffolk Court, Suite 400, Hauppauge, NY 11788. Client acknowledges and agrees that the internet is considered inherently insecure. Therefore, Client agrees that Company has no liability to Client whatsoever for any loss, claim, or damages arising or in any way related to Company’s responses to any electronic communication, upon which Company has in good faith relied. At all times, Client maintains the sole obligation to ensure they can receive Company’s electronic communications, and access them on a regular and diligent basis. Client also agrees to be contacted by telephone on Client’s landline and/or cell phone by Company irrespective of whether the Client’s telephone number appears on any state or federal “Do Not Call” lists. Client further agrees that Company may use a computerized dialing system to contact Client via telephone or SMS text and Client may use a pre-recorded message when contacting Client via telephone or SMS text. Client understands that his or her consent to be contacted does not require Client to purchase any goods or services from Company. To inform Company that Client either withdraws Client’s consent to receive communications from Company as described directly above, or to update Client’s information, Client may send such request to: Diligent Credit Solutions, LLC at 70 Suffolk Court, Suite 400, Hauppauge, NY 11788.
Please read this and learn how we handle your personal information, and the information of others with which we have an established business relationship. We collect information about people and property as described below. Some of this is called “Nonpublic Personal Information”, which generally means information that is provided by you, obtained by us, or that results from your transaction with us. It does not include information available to the general public. We collect this information from the following sources (examples under each source are not necessarily a complete list): Application Information: This is information we receive from you on applications and/or other forms, by phone, and online. It may include your name, address, and telephone number, driver’s license number, social security number, date of birth, length of employment, gender, marital status, prior insurance information, home ownership, length of residency and credit card information. Transaction Information: This is information about your transactions with us, our affiliates, or others. It includes your payment history, information necessary for billing and payment and purchase information. It may also include additional information used to investigate your creditworthiness, and prior loan history. Transaction Information may be disclosed as the following information: Consumer Report Information: This may be information we receive from a consumer-reporting agency, and is used to confirm or supplement application information. It may include credit report information, prior loan history and your payment histories. Consumer Report Information may be shared among our affiliated companies. By requesting Company’s services, you consent to our sharing of this information among our affiliated companies. Web Site Information: This is information we may receive from your computer when you visit our internet site or engage in transactions with us or our partners over the internet, including the website you visited before ours, your Internet e-mail address and operating system, and statistical information on Web traffic and usage patterns. We may also store “cookies” on your computer to save information entered during your prior visits to our Web site. We collect technical data, such as your Internet protocol (IP) address, operating system, and session ID. Web Site Information may be disclosed as described below.
Parties to Whom We Disclose Information. Nonpublic Personal Information about you and our former customers may be disclosed to others as permitted by law. Generally, this includes disclosures to third parties that provide essential services to us and are necessary to effect, administer or enforce your transaction with us, or in connection with servicing our ongoing customer relations. These parties may include our group of affiliated companies, or their employees, agents or representatives, and courts and governmental agencies, and third parties. You will not have the opportunity to opt out of such disclosures. We may also disclose Nonpublic Personal Information about you and our former customers to companies that perform marketing services on our behalf or to financial institutions with whom we have joint marketing agreements. We are required to, or we may, provide information about you to third parties other than the Company’s affiliated entities without your consent, as permitted by law. For example: 1. To respond to a subpoena or court order, judicial process or regulatory authorities; 2. To consumer reporting agencies; 3. In connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or operating unit; 4. To protect against fraud, and insure confidentiality and security; We may generally disclose information about you to service providers, including billing service providers, collection agencies, mail and telephone service companies, insurers, loan settlement service providers, property inspection companies, attorneys or other professionals.
Confidentiality & Security. We restrict access to Nonpublic Personal Information about you to those employees and other parties who must use that information to provide products or services to you. Their right to further disclose and use the information is limited by our employee privacy policies and procedures, applicable law, and nondisclosure agreements where appropriate. We also maintain physical, electronic, and procedural safeguards in compliance with applicable laws and regulations to guard your Nonpublic Personal Information.
Opt Out Rights. If you do not want your Nonpublic Personal Information disclosed to nonaffiliated third parties, you may “opt out” of those disclosures, meaning that you may tell us not to make those disclosures (other than disclosures that are permitted by law even if you opt out). If you do not want your Nonpublic Personal Information (solely limited to your information which is non essential to the Company’s providing services to you) disclosed to affiliated parties, you may “opt out” of those disclosures, meaning that you may tell us not to make those disclosures (other than disclosures that are permitted by law even if you opt out). If you opt out, we will not disclose the information that you have instructed us not to share with the affiliated and/or the nonaffiliated third parties that may independently market products or services to you, but we may include their offers in billing statements or other routine communications that we send to you in connection with servicing your business relationship with us. To opt out, simply send such request to: Diligent Credit Solutions, LLC at 70 Suffolk Court, Suite 400, Hauppauge, NY 11788. An opt out election by you or others who maintain a relationship with the Company will be effective for all persons that your relationship relates to. Once you opt out, there is no need to do so again for the same business relationship. If you have recently became a customer of the Company, the Company will not share your Nonpublic Personal Information with any nonaffiliated third parties, of the type that you have the option of opting out from Company’s sharing of, for a period of 30 days from your becoming a customer of the Company.
Information for Vermont and California Customers: In response to a Vermont regulation, we automatically treat accounts with Vermont billing addresses as if you requested that Company not share your information with nonaffiliated third parties, and that we limit the information we share with the Company’s affiliates. If we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only disclose your name, address, other contact information, and information about our transaction and experiences with you. In response to a California law, we will automatically treat accounts with California billing addresses as if you requested the Company to not share your information with nonaffiliated third parties except as permitted by the applicable California law. We will also limit the sharing of information about you with our affiliates to comply with California privacy laws that apply to us.