Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED HEREIN, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

You are currently viewing www.nomadcredit.com (“Site”), a website owned and operated by Nomad Credit, Inc. (“Nomad”). This Site and any of the services provided by Nomad in connection with this Site (“Services”) are provided expressly subject to the terms and conditions stated herein (“Terms of Use”). By accessing the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with Nomad or related to the Nomad Services, the provision of the other agreement shall govern with respect that specific aspect of the Site or Services.

Changes and Modifications

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

General Eligibility

This Site is intended for individuals who are at least eighteen (18) years of age and can form a binding contract with Nomad in compliance with all applicable local, state, federal and international laws, rules and regulations. By using the Site, you represent that you agree to abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.

Unauthorized use of the Site or Services, including unauthorized access to Nomad’s systems and misuse of passwords or Site information is strictly prohibited. If you violate any of these Terms of Use or any other agreement between you and Nomad, then Nomad may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.

Children’s Privacy

We do not knowingly solicit from, and the Services are not intended for, children under 13, and children under 13 should not provide personal information online. If a parent or guardian becomes aware that his or her child under the age of 13 has provided us with information without their consent, he or she should contact us. We will delete such information from our files.

Privacy

Your privacy is very important to us. Please carefully read Nomad’s Privacy Policy, which details how Nomad treats your personal information. We will not share or sell any of your information with any third party, except as specifically described in these Terms of Use and our Privacy Policy, which is hereby incorporated by reference into these Terms of Use. Where applicable, we will limit sharing of your information in accordance with the choices you have provided us in response to the Privacy Policy.

How We Protect Your Information and Use Cookies

We, or our service providers, and other companies we work with may deploy and use cookies, web beacons, local shared objects and other tracking technologies for various purposes, such as fraud prevention and monitoring our advertising and marketing campaign performance. Some of these tracking tools may detect characteristics or settings of the specific device you use to access our online Services.

To help provide our Services, enhance your experience and collect information about mobile activity, we may place small data files on your computer or mobile device. These data files may be in the form of cookies, pixel tags, local shared objects or other similar technologies. Cookies and similar technologies enable us to personalize our application and services for you. These technologies may allow us to store and manage your preferences and settings, measure and analyze how you use our website and the effectiveness of our communications, offer services and help us improve our services and security.

• “Cookies” are small amounts of data a website can send to a visitor’s web browser. They are often stored on the device you are using to help track your areas of interest. Cookies may also enable us or our service providers and other companies we work with to relate your use of our online Services over time to customize your experience. Most web browsers allow you to adjust your browser settings to decline or delete cookies, but doing so may degrade your experience with our online Services.
• Clear GIFs, pixel tags or web beacons—which are typically one-pixel, transparent images located on a webpage or in an email or other message—or similar technologies may be used on our website and in some of our digital communications (such as email or other marketing messages). They may also be used when you are served advertisements or you otherwise interact with advertisements outside of our online Services. These are principally used to help recognize users, assess traffic patterns and measure Website or campaign engagement.
• Local shared objects, sometimes referred to as “flash cookies,” may be stored on your hard drive using a media player or other software installed on your device. Local shared objects are similar to cookies in terms of their operation but may not be managed in your browser in the same way. For more information on managing local shared objects, click here: https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html
• Most browsers provide you with the ability to block, delete or disable these technologies. If you choose to reject cookies or similar technologies, some Services may not be available or some functionality may be limited or unavailable. Please review your mobile device help pages for assistance with changing your settings.
• Your IP Address is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever you visit our Site, along with the time of the visit and the page(s) that were visited. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, to personalize/tailor your experience while engaging with us online and offline, for compliance and security purposes, for advertising, and administering the Site.
• “Do Not Track” Signals. We do not respond to “do not track” signals from your browser at this time. To learn more about how “do not track” works, please visit:
  http://allaboutdnt.com/

Service Rights and Restrictions

All material and content on this Site including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Site Content”) are the proprietary property of Nomad with all rights reserved. Site Content may not be copied, reproduced, distributed, republished, displayed, posted, transmitted, or sold in any form or by any means without Nomad’s express prior written consent. You acknowledge that all Site Content is and shall remain the sole property of Nomad. You may only use the Site and use the Services for their intended purpose, and any use of the Site or Services that is not expressly authorized herein is strictly prohibited.

Your Consent to Collect and Transmit Your Requests and Information

What does this mean?

In order for us to provide the Services to you, when you provide us information we may share that information with Service Providers at your request for us to provide the Services.

There are some instances when your request is being sent over as an application for credit or university admissions.

Your use of the Service and the features may require the collection and transmission of your personal information in order to provide you with the functionality of the Service. You authorize Nomad to transmit your information to our service providers in order to fulfill our Services. You understand and agree that in some cases the submission is in the form of an application of credit for a Service Provider’s products or services.

No Recommendations or Professional Advice

We are not providing you any advice or recommendations about any specific product or service.

Instead, what we do is try to provide you as much information about the products or services based on the information you provide us or authorize us to go out and get (e.g., your answers to questions, a soft credit pull, preferences you have identified, etc.) so that you can compare your options side-by-side to make the right choices for yourself.

We encourage you to seek advice from other professionals who may have more information about your specific needs and circumstances.

Nothing provided on the Site or through the Service should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, tax, or legal recommendations or advice or other professional advice). We are not liable to you for any advice provided to you by our service providers or other third parties you may link to from our Site. We encourage you to consult a financial service provider, tax or legal professional to help you make any decisions associated with the use of the Service or the products and services provided by our service providers.

Lender Compensation

Nomad may earn a commission or fee from lenders to whom you are referred when you accept their offer and/or submit an application. Your use of the Services constitutes your agreement with this compensation arrangement.

School/University Compensation

Nomad may earn a commission or fee from Schools or Universities to whom you are referred when you accept their offer and/or submit an application. Your use of the Services constitutes your agreement with this compensation arrangement.

Your Account

You will be required to register and create an account to access certain parts of the Site and use the Services. 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.

Your Consent to Telephone Calls, Recording of Telephone Calls and SMS Messages

What does this mean?

By using our Services you agree to receive calls and SMS messages from us and our service providers, including telemarketing calls, auto-dialed calls and texts and pre-recorded voice messages; you have the option to opt-out (but if you opt-out you may miss out on products, services, promotions, etc.)

Your mobile service provider may charge you for calls/messaging according to your plan and Nomad and/or service providers are not responsible for those charges.

You agree to keep your contact information up-to-date, including your telephone number(s).

The calls you make to us and the calls we make to you may be monitored and/or recorded.

Your contact information may be shared with service providers (e.g., when you choose a loan product with a specific lending partner, they will need to contact you to complete the transaction you commenced).

Consent to receive telephone calls, SMS messages and other messages

You acknowledge that by voluntarily providing your telephone number(s) to Nomad, you authorize us and our service providers to contact you using automatic telephone dialing systems, artificial or pre-recorded voice message systems and automated text messaging systems in order to provide you with information regarding your account, promotional offers, any transaction with us and with our service providers, and/or your relationship with Nomad. You agree to receive such calls and text messages even if you cancel your account or terminate your relationship with us or our service providers, except if you opt out, as provided below. You expressly authorize us and our service providers to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) you have supplied or will supply to us or our service providers in connection with your account or any other phone numbers we can reasonably associate with your account through lawful means, such as skip tracing, caller ID capture, or other means. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you. You agree that we will have no liability in connection with third parties accessing your telephone. Consent to receive promotional automated marketing calls/texts is not a condition of purchasing any goods or services or obtaining a loan. Calls or text messages to you may be made by or on behalf of Nomad or our service providers even if your telephone number is registered on any state or federal Do Not Call list.

Sharing your phone number with service providers

You understand and agree that we may share your telephone number with service providers and/or their respective agents who may require further information prior to providing a response to your submission of information through the Services or to contact you regarding a product or service. You hereby authorize our service providers to contact you directly and to contact Nomad.

The phone numbers you provide

You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend and hold us and our service providers harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.

Charges from your telephone provider

You understand that your cellular or mobile telephone provider may charge you fees for calls that we or our service providers make or texts that we or our service providers send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.

Opt-Out

At any time, you may withdraw your consent to receive (1) automated telephone calls; (2) automated SMS messages, and/or (3) telemarketing calls. You must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice to Nomad Credit 33 W. Ontario Street, Suite 18D, Chicago, IL 60654 (Attn: Opt-Out). Alternatively, to stop marketing text messages, simply reply “STOP” to any marketing text message that we send you. You acknowledge and agree to accept a final text message confirming your opt-out. Opting out may prevent you from receiving messages regarding products, Services, updates, improvements, or special promotions. Please allow up to thirty (30) days to process any opt-out request. To stop receiving automated telephone calls, automated SMS messages and/or telemarketing calls from our service providers, you must follow their procedures on their respective websites.

Please note that if you opt out of automated calls, we and our service providers reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Services. If you have any questions about opting out, please contact us via email at support@nomadcredit.com

Call Recording and Monitoring

Calls to and from Nomad and its service providers (or third parties acting on behalf of Nomad or its service providers) may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording unless you expressly inform the agent at the outset of the conversation that you do not want the call to be monitored or recorded.

Your Consent to Electronic Communications

Electronic Communications Delivery Policy (E-SIGN Policy)

What does this mean?

Since we are an Internet-based company, in order to use our Services, you must agree to receive all important information from us and our service providers electronically (by us posting it on our Site or us or our service providers sending you an e-mail), instead of receiving paper copies in the mail.

The information in this section lets you know what technology you need to be able to view, save and/or print the communications we send you, and that by using the Services you are agreeing that you have these technological capabilities. This section also lets you know that you must keep your contact information up-to-date.

You also have the right to opt-out of receiving communications from us and our service providers electronically, but if you do you may not be able to use our Services.

Electronic Delivery of Communications

You agree and consent to receive electronically all non-telephonic communications, agreements, documents, notices and disclosures (collectively, "Communications") that we or our service providers provide in connection with your use of the Services. Communications include, but are not limited to:

• Agreements and Policies (e.g., the Nomad Terms of Services and Privacy Policy), including updates to these agreements or policies;
• Federal and State tax statements we or our service providers are required to make available to you, if applicable; and
• Loan Product or other Product-related Disclosures such as Application Disclosures.

We will provide these Communications to you by posting them on the nomadcredit.com website and/or by emailing them to you at the email address listed in your Nomad account.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

• a computer or mobile device with an Internet connection;
• a current web browser that includes 128-bit encryption (e.g. Internet Explorer 11 or newer, Safari 9.0.3 or newer, Firefox v. 56 or newer, Chrome V. 60 or newer) with cookies enabled;
• a valid email address (your primary email address on file with Nomad); and
• sufficient storage space to save past Communications or an installed printer to print them.

By using the Services, you are giving your consent to, and you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

Additional Mobile Technology Requirements

If you are accessing the Services and the Communications electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. These applications can be found for most mobile devices in the device's respective "app store". If you do not have these capabilities on your mobile device, please access the Services through a device that provides these capabilities.

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by writing to us at "Attn: Electronic Communications Delivery Policy, 33 W. Ontario Street, Suite 18D, Chicago, IL 60654, or by contacting us via the "Contact Us" link at the bottom of the nomadcredit.com website. If you fail to provide your consent or if you withdraw your consent to receive Communications electronically, Nomad and its service providers reserve the right, within our or their discretion and at our or their election, to either deny your use of the Services or restrict, close or deactivate your account, or charge you additional fees for paper copies.

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your physical address in your Nomad profile. If you request paper copies, you understand and agree that Nomad may charge you a Records Request Fee of up to $5 for each Communication.

Updating your contact information

It is your responsibility to keep your email address up to date so that Nomad can communicate with you electronically. You understand and agree that if Nomad sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your Services provider, or you are otherwise unable to receive electronic Communications, Nomad will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Nomad to your email address book so that you will be able to receive the Communications we send to you.

You can update your email address or street address at any time by logging into the Nomad website. If your email address becomes invalid such that electronic Communications sent to you by Nomad are returned, Nomad may deem your account to be inactive, and you will not be able to transact any activity using your account until we receive a valid, working email address from you.

Trademarks

Nothing on this Site should be construed as granting you any license or right to use any trademark, whether owned by Nomad or a third party, displayed on the Site, without prior written approval of the trademark owner. You may not use, copy, duplicate, display, distribute, modify or reproduce any trademark contained on the Site without the prior express written consent of the trademark’s owner.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at help@nomadcredit.com In your notification, please:

• confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
• identify the copyrighted work or works you claim have been infringed;
• identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
• provide your contact details, including an email address; and
• provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

Third Party Sites

We are not responsible for the information practices employed by websites linked to or from our Site. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.

Our Services

Nomad is not a lender or a broker of financial services. We do not take applications or make credit decisions in connection with information or requests that you may choose to submit on the Site. We do not endorse or recommend the products, services or offers of any particular lender accessed by you as a part of the Service. Any correspondence you have with a lender, including offers, promotions or the delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the lender. We assume no liability, obligation or responsibility for any part of any such correspondence, offers or promotion.

Disclaimer of Warranties

NOMAD PROVIDES THE SITE AND SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NOMAD MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY OF ANY INFORMATION PROVIDED OR SITE CONTENT.

Limitation of Liabilities

IN NO EVENT WILL NOMAD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF NOMAD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, NOMAD’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF FORM WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO NOMAD, IF ANY, AND IN NO CASE SHALL NOMAD’S LIABILITY TO YOU EXCEED $1,000.00.

Indemnification

You agree to indemnify, defend, and hold harmless Nomad and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, or any violation of these Terms of Use or of any law or the rights of any third party.

No Warranties Regarding Providers or Other Third Parties

WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY PROVIDER OR OTHER THIRD-PARTY, INCLUDING THOSE THAT ARE HYPERLINKED TO OR FROM OUR SITE OR SERVICES. NOMAD EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ASSOCIATED WITH SERVICE PROVIDERS’ OR OTHER THIRD-PARTIES’ SITES, INFORMATIONAL MATERIALS, PRODUCTS OR SERVICES INCLUDING BUT NOT LIMITED TO OFFERS, PREQUALIFIED RATES, OR QUOTES. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT, NOMAD’S PRIVACY POLICY AND OTHER COMPANY TERMS AND POLICIES DO NOT APPLY TO YOUR USE OF SERVICE PROVIDERS’ OR OTHER THIRD-PARTIES’ WEBSITES. COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A SERVICE PROVIDER OR OTHER THIRD-PARTY. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ALL TRANSACTIONS RELATED TO THE PRODUCTS OR SERVICES FROM OR WITH ANY SERVICE PROVIDER OR OTHER THIRD PARTY, INCLUDING BUT NOT LIMITED TO, PAYMENT TERMS, PURCHASE TERMS, RATES, QUOTES, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY ARE AGREED TO SOLELY BETWEEN YOU AND SERVICE PROVIDER OR OTHER THIRD-PARTY WHETHER OR NOT SUCH TRANSACTION WAS COMMENCED ON OUR SITE OR USING OUR SERVICE AND YOU EXPRESSLY RELIEVE NOMAD FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY SERVICE PROVIDER OR THIRD-PARTY SITES, PRODUCTS OR SERVICES. NOMAD DOES NOT ENDORSE ANY PARTICULAR SERVICE PROVIDER OR OTHER THIRD-PARTY.

WE ASSUME NO LIABILITY FOR THE RELATIONSHIP AND INTERACTIONS BETWEEN YOU AND A SERVICE PROVIDER OR OTHER THIRD PARTY

WE DO NOT GUARANTEE THAT ANY SERVICE PROVIDER WILL APPROVE YOUR REQUEST FOR CREDIT OR ADMISSIONS, PROVIDE YOU AN OFFER OF CREDIT OR ACCEPTANCE, OR OTHERWISE PROVIDE YOU THEIR PRODUCT OR SERVICE. IF THE SERVICE PROVIDER DOES OFFER YOU A PRODUCT OR SERVICE, OR APPROVES YOUR REQUEST, WE DO NOT GUARANTEE THAT THE TERMS, RATES OR OFFER, IF ANY, ARE THE BEST TERMS OR LOWEST TERMS AVAILABLE IN THE MARKET OR FROM THAT PROVIDER. WE ARE NOT A PARTY TO THE DEALING, CONTRACTING, OR FULFILLMENT OF ANY OF SERVICE PROVIDER’S PRODUCT OR SERVICES. WE ARE UNDER NO OBLIGATION TO VERIFY OR MONITOR, AND DO NOT GUARANTEE, ANY INFORMATION GIVEN TO US BY USERS, OR DISPLAYED TO YOU ON OUR SITE FROM SERVICE PROVIDERS OR OTHER THIRD PARTIES. ANY CORRESPONDENCE YOU HAVE WITH SERVICE PROVIDERS, AS WELL AS SERVICE PROVIDER’S TERMS OF USE, POLICIES, DISCLOSURES, PRODUCTS, SERVICES OR OTHERWISE ARE SOLELY BETWEEN YOU AND THE SERVICE PROVIDER AND NOMAD ASSUMES NO LIABILITY, OBLIGATION OR RESPONSIBILITY WITH RESPECT THERETO. WE DO NOT ACCEPT ANY OFFER ON YOUR BEHALF. ACCEPTING OFFERS IS SOLELY YOUR RESPONSIBILITY.

Miscellaneous

Choice of Law; Jurisdiction and Venue
These Terms of Use shall be governed by the laws of the State of Illinois without regard to any conflict of laws provision. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Chicago, Illinois in connection with any dispute or the enforcement of any right arising from these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.
Waiver
Nomad’s failure or delay in exercising any right, power, or remedy under these Terms of Use shall not operate as a waiver of any such right, power, or remedy.

Contacting Us

If you have questions, comments, or complaints regarding these Terms of Use, the Site, or Services, you may call 224-307-5127 or email us at help@nomadcredit.com