Terms and Conditions: Using the 5K Advance Website

These Terms and Conditions apply to your use of 5Kadvance.com and any related website, landing page, form, feature, content, technology, or loan connection service operated by or on behalf of Point One Networks Inc. In these Terms, we refer to those websites and services together as the "Service." Please read these Terms carefully before using the Service. By accessing the Service, submitting information, continuing through a loan request journey, or otherwise using the Service, you agree to these Terms, our Privacy Policy, any applicable electronic consent disclosure, and any other notice or disclosure shown to you during the journey.

If you do not agree, you should not use the Service.

1. Who May Use the Service

The Service is intended for individuals who are legally able to enter into contracts in the United States. By using the Service, you confirm that:

you are at least 18 years old or the age of legal majority where you live;
you are a resident of the United States;
you are using the Service for personal, family, or household purposes;
the information you provide is your own information; and
you are not using the Service for any unlawful, fraudulent, automated, or unauthorized purpose.

The Service may not be available in every state. Some lenders, lead buyers, marketplaces, financial service providers, or other participating companies may only operate in certain states or may apply their own eligibility rules.

2. We Are Not a Lender

Point One Networks Inc. is not a lender, loan broker, financial institution, creditor, loan originator, or agent of any lender or financial institution. This Website does not constitute an offer or solicitation to lend. Point One Networks Inc. does not make credit decisions, originate loans, underwrite loans, fund loans, service loans, collect loan payments, or guarantee approval or loan terms. Point One Networks Inc. collects and transmits your personal, contact, financial, and loan request information to participating third-party lenders, loan marketplaces, lead buyers, financial service providers, marketing partners, verification providers, and other service providers that may be able to provide loan offers or related products or services. Your information may also be shared with non-lenders, intermediary providers, or marketplace partners to help facilitate a connection with a lender or provider.

Submitting your information does not guarantee:

that you will be connected with a lender or provider;
that you will be approved for a loan;
that you will receive the loan amount requested;
that you will receive any particular rate, fee, repayment term, funding timeline, or loan condition;
that a loan or product will be available in your state or jurisdiction; or
that any offer presented to you is the best, lowest-cost, or most suitable option available.

Loan amounts, rates, fees, repayment terms, approval criteria, funding timelines, and lender availability may vary by lender, provider, state, product, and consumer circumstances. If a lender or provider does not operate in your state or determines that you do not meet its criteria, you may not be connected with that lender or provider. Any loan or financial product made available to you is provided solely by the applicable third-party lender or provider. You should carefully review the lender's or provider's own terms, conditions, privacy policy, rates, fees, disclosures, and agreement before accepting any offer. For questions regarding a loan product, decision, approval, denial, rate, fee, repayment obligation, renewal, funding, servicing, collection, or other loan-specific matter, you must contact the applicable lender or provider directly.

3. 5K Advance's Connection Service

5K Advance is a loan connection and consumer financial marketing service operated by Point One Networks Inc. The Service is designed to help consumers submit information that may be used to seek a connection with third-party companies that offer, arrange, advertise, review, purchase, or help facilitate loan-related or financial-service opportunities. Point One Networks Inc. does not endorse, recommend, or guarantee the products, services, conduct, practices, rates, fees, or decisions of any participating lender, provider, marketplace, lead buyer, advertiser, or other third party. You are solely responsible for deciding whether to proceed with any third-party product or service.

4. How Your Request May Be Handled

When you submit a request, Point One Networks Inc. may use automated systems, routing rules, eligibility filters, state restrictions, compliance rules, commercial rules, duplicate checks, fraud checks, and other operational processes to determine whether and where your request may be sent. Your information may be provided to one or more participating lenders, lead buyers, loan marketplaces, financial service providers, marketing partners, technology providers, or other companies involved in reviewing, facilitating, advertising, or responding to consumer loan or financial-service requests. In these Terms, we refer to these companies as "participating providers." Participating providers may make their own independent decision about whether to review, accept, purchase, respond to, or decline your request. They may use their own criteria, technology, compliance rules, licensing restrictions, product rules, pricing, and commercial requirements. If a participating provider is able to continue with your request, you may be redirected to that provider, shown information relating to that provider, or contacted by that provider. If your request is not accepted or cannot be matched, the Service may show other options, invite you to update or resubmit information, show advertising, or provide information about other products or services where permitted by law and consistent with the consents and disclosures presented to you.

5. Compensation and Placement

The Service is free for consumers to use. Point One Networks Inc. may be paid by participating providers, advertisers, lenders, lead buyers, marketplaces, service providers, or other third parties. Payment may be based on referrals, leads, clicks, applications, successful connections, funded loans, advertising placements, data services, or other commercial arrangements.

Commercial arrangements may affect which providers are available through the Service, whether your request is routed to a provider, and how providers or offers are displayed. Point One Networks Inc. does not represent that the Service includes every lender or provider available in the market.

6. Other Products and Services

The Service may display, facilitate, or help connect you with offers or information relating to products or services other than personal loans. These may include, depending on availability and applicable law:

installment loans;
short-term loan products;
credit products;
credit monitoring or identity-related services;
debt-related products or services;
banking, insurance, or other financial products;
consumer marketing offers; or
other products or services that may be relevant to users of the Service.

Any such product or service is provided by the applicable third party, not by Point One Networks Inc., unless we expressly state otherwise.

7. Tribal Lender Notice

Some loan requests may be reviewed by companies that are owned by, operated by, affiliated with, or connected to Native American tribes or tribal lending entities. Tribal lenders may assert rights under tribal law and sovereign immunity. They may also assert that certain state licensing, rate, fee, or dispute-resolution laws do not apply to them.

A loan from a tribal lender may involve different legal rights, rates, fees, governing law provisions, arbitration provisions, or dispute forums than a loan from a state-licensed lender. Before accepting any offer, you should carefully review the loan agreement and all related disclosures. You should not accept a loan if you do not understand it, cannot afford it, or do not agree with its terms.

8. Information You Submit

You agree that any information you provide through the Service will be accurate, complete, current, and submitted by you on your own behalf. You must not submit information for another person unless you have lawful authority to do so. Providing inaccurate, incomplete, false, or misleading information may prevent your request from being reviewed, may delay processing, may result in rejection, or may cause your request to be routed incorrectly.

9. Sharing, Verification, and Use of Your Information

By submitting information through the Service, you authorize Point One Networks Inc. to collect, process, use, store, and share that information for purposes related to operating the Service and facilitating your request.

Those purposes may include:

receiving and processing your request;
sending your request to participating providers;
verifying your identity or the information you provided;
validating phone, address, email, employment, income, bank account, Social Security number, or other submitted information;
preventing fraud, misuse, duplicate submissions, or unauthorized activity;
maintaining consent, disclosure, routing, audit, and compliance records;
responding to inquiries, complaints, legal requests, audits, regulatory inquiries, or law enforcement requests;
measuring performance, attribution, source quality, and Service operation;
improving the Service and troubleshooting technical issues; and
presenting or facilitating related offers, communications, or services where permitted by law.

Participating providers may keep and use the information they receive according to their own privacy policies and legal obligations. They may keep the information even if you are not approved, do not accept an offer, do not receive a loan, or do not complete a transaction. If you want to stop communications from a participating provider, you may need to contact that provider directly or use the opt-out method that provider supplies.

10. Authorization to Obtain Credit Reports and Verify Information

By submitting a loan request through this Website, you provide your express written consent under the Fair Credit Reporting Act (FCRA) authorizing Point One Networks Inc. and its affiliates, as well as any third-party lenders, service providers, financial partners, loan marketplaces, lead buyers, verification providers, and other authorized parties with whom your request is shared or made available, collectively referred to as "Authorized Parties," to obtain and review information about you from one or more consumer reporting agencies or other data providers.

This information may include, but is not limited to, your consumer credit report, credit score, credit history, identity verification information, fraud prevention information, bank account verification information, income or employment verification information, and related consumer information from agencies or providers such as Experian, TransUnion, Equifax, Clarity Services, Array, FactorTrust, DataX, MicroBilt, or other recognized consumer reporting agencies, specialty reporting agencies, credit bureaus, verification providers, or data sources.

These Authorized Parties may use this information for purposes that include, but are not limited to:

verifying your identity and eligibility;
validating the accuracy of the information you provide;
providing personalized loan quotes, prequalification results, offers, or related product information;
conducting a creditworthiness assessment as part of a loan or financial-product decision;
making underwriting, fraud prevention, account opening, or other eligibility decisions;
complying with applicable legal, regulatory, audit, compliance, or underwriting requirements; and
processing, servicing, administering, or otherwise supporting any product or service you request or accept.

In addition, you acknowledge and agree that these Authorized Parties may use third-party identity verification, fraud prevention, bank verification, employment verification, income verification, or similar services to validate the accuracy of the information you provide, including but not limited to your name, date of birth, Social Security number, current and previous addresses, phone numbers, email address, bank account details, employment history, income information, device information, and other information relevant to your request.

Obtaining or reviewing a consumer report or other information about you does not guarantee approval for any loan or service. Your request may be reviewed by multiple parties depending on the number and type of lenders, marketplaces, providers, or other Authorized Parties that review or receive your request. Your credit may be pulled or reviewed by more than one party in connection with your request, and the impact, if any, on your credit score will depend on the type of inquiry performed and the practices of the applicable Authorized Party. Point One Networks Inc. does not itself make final lending decisions, underwrite loans, fund loans, set loan terms, or guarantee approval. Any lender or provider that obtains or uses consumer report information is responsible for having its own permissible purpose and complying with its own obligations under the FCRA and other applicable law.

11. Electronic Delivery of Notices and Disclosures

You agree that Point One Networks Inc. and participating providers may provide notices, disclosures, records, policies, agreements, consent confirmations, and other communications electronically. Participating providers may include third-party lenders, loan marketplaces, lead buyers, financial service providers, verification providers, marketing partners, service providers, or other companies that receive, review, process, or respond to your request.

Electronic communications may be provided through the Service, by email, by text message where permitted, through a participating provider's website or application process, or through another electronic method permitted by law.

Electronic communications from Point One Networks Inc. or participating providers may include:

information about your request;
requests for additional information;
privacy notices;
terms and conditions;
electronic consent records;
lender, provider, or marketplace disclosures;
Truth in Lending disclosures or other credit-related disclosures provided by a lender or provider;
loan agreements, application documents, status updates, or decision notices;
service messages;
marketing messages where permitted; and
other legally required, transaction-related, or product-related communications.

To receive electronic communications, you must have internet access, a current web browser or compatible device, a valid email address where applicable, and the ability to save or print documents. You may request a paper copy of certain communications from Point One Networks Inc. or withdraw consent to electronic delivery from Point One Networks Inc. by contacting us at [email protected]. If you wish to request paper copies from, or withdraw electronic consent with, a participating provider, you may need to contact that participating provider directly. Withdrawing electronic consent may limit your ability to use the Service, complete an online request, receive responses from participating providers, or proceed with a product or service offered by a participating provider. See our full E-Consent disclosure for details.

12. Calls, Texts, Email, and Other Contact

By submitting your information and providing any required consent, you authorize Point One Networks Inc. and participating providers to contact you using the contact details you provide, including telephone number, mobile number, email address, and mailing address. Where you provide consent to calls or text messages, you agree that participating providers may contact you about your request or related products and services using live calls, prerecorded or artificial voice messages, text messages, SMS, MMS, email, or automated technology, where disclosed and permitted by law.

You understand that:

message and data rates may apply;
consent to marketing calls or texts is not required as a condition of buying goods or services;
you may opt out of text messages by replying STOP where that option is provided;
you may request help by replying HELP where that option is provided;
delivery of calls, texts, or emails may be delayed, blocked, or unsuccessful due to carrier, network, technical, filtering, or other issues; and
a third party that contacts you is responsible for its own calling, texting, and email practices.

Point One Networks Inc. does not currently operate outbound telemarketing call campaigns or SMS marketing campaigns in its own name. Where the Service collects phone or text consent, it is intended to support contact by participating providers unless a different use is clearly disclosed.

13. Email Marketing and Unsubscribe

Point One Networks Inc. or participating providers may send email communications where permitted by law and consistent with the disclosures and consents presented to you. Marketing emails sent by or on behalf of Point One Networks Inc. should identify the sender, avoid misleading subject lines, include required sender information, and provide an unsubscribe method where required. You may opt out of marketing emails by using the unsubscribe link or instructions in the email or by contacting [email protected]. Opting out of marketing emails does not necessarily stop transactional, legal, security, or service-related emails. If a participating provider emails you, you may need to opt out directly with that provider.

14. Cookies, Analytics, and Tracking Technology

The Service may use cookies, pixels, tags, server logs, analytics tools, tracking links, and similar technologies. These technologies may collect information such as pages visited, links clicked, time spent on the Service, referring pages, device type, browser type, IP address, approximate location, source identifiers, campaign identifiers, and other usage information. We may use this information to operate the Service, remember information, support form completion, detect fraud, measure marketing performance, understand traffic sources, troubleshoot issues, improve user experience, and support advertising or attribution. You may be able to manage cookies through your browser settings. Some parts of the Service may not work properly if cookies are blocked or disabled.

15. Security

Point One Networks Inc. uses reasonable administrative, technical, and physical safeguards designed to protect information submitted through the Service. However, no website, electronic transmission, database, or storage system can be guaranteed to be completely secure. You are responsible for using a secure device, keeping your device and accounts protected, and avoiding submission of information over unsecured or untrusted networks.

16. Third-Party Websites and Providers

The Service may link or redirect you to third-party websites, forms, advertisements, services, or offers. Those third parties are independent from Point One Networks Inc. unless expressly stated otherwise. Point One Networks Inc. is not responsible for third-party websites, products, services, disclosures, terms, privacy policies, security practices, communications, lending decisions, fees, rates, funding, servicing, or collections. Your interactions with third parties are governed by their own terms and policies.

17. No Financial, Legal, or Professional Advice

The Service is provided for information and connection purposes only. Point One Networks Inc. does not provide legal, financial, tax, credit, investment, or professional advice. Nothing on the Service creates a fiduciary, advisory, attorney-client, or professional-client relationship between you and Point One Networks Inc. You should evaluate any product or service independently and seek advice from a qualified professional where appropriate.

18. Ownership of the Service

The Service, including its text, design, graphics, logos, icons, forms, software, user interfaces, workflows, databases, content, and other materials, is owned by or licensed to Point One Networks Inc. or its licensors. You may use the Service only for your own lawful, personal, non-commercial use. You may not copy, modify, distribute, sell, frame, scrape, mirror, reverse engineer, or exploit any part of the Service except as permitted by law or with our written permission.

19. Prohibited Conduct

You agree not to:

use the Service for unlawful, fraudulent, abusive, or unauthorized purposes;
submit false, misleading, incomplete, or unauthorized information;
impersonate another person;
interfere with the Service or its security;
attempt to access systems, databases, accounts, or information without permission;
use bots, scripts, scraping tools, automated submissions, or other unauthorized technology;
transmit malware or harmful code;
misuse another person's information;
infringe any intellectual property or privacy right; or
use the Service for commercial purposes without our written approval.

20. Availability, Delays, and Service Changes

We do not guarantee that the Service will always be available, uninterrupted, accurate, secure, or error-free. The Service may be affected by technical issues, internet outages, carrier issues, vendor failures, third-party system issues, incorrect information, high traffic, maintenance, fraud controls, state restrictions, compliance controls, or other factors. Point One Networks Inc. may change, suspend, restrict, or discontinue all or part of the Service at any time.

21. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, POINT ONE NETWORKS INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, AND RELIABILITY. POINT ONE NETWORKS INC. DOES NOT WARRANT THAT THE SERVICE WILL RESULT IN A LOAN, AN OFFER, AN APPROVAL, A CONNECTION, A PARTICULAR RATE, A PARTICULAR FEE, A PARTICULAR FUNDING TIME, OR A SUITABLE PRODUCT. Some states do not allow certain warranty disclaimers, so some of the above may not apply to you.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POINT ONE NETWORKS INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE, YOUR USE OF THE SERVICE, YOUR INABILITY TO USE THE SERVICE, INFORMATION SUBMITTED THROUGH THE SERVICE, THIRD-PARTY PRODUCTS OR SERVICES, THIRD-PARTY COMMUNICATIONS, OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POINT ONE NETWORKS INC.'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). Some states do not allow certain limitations of liability. In those states, liability will be limited to the greatest extent permitted by law.

23. Indemnification

You agree to defend, indemnify, and hold harmless Point One Networks Inc. and its affiliates, officers, directors, employees, contractors, agents, service providers, licensors, successors, and assigns from and against claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

your use or misuse of the Service;
your violation of these Terms;
your violation of law;
information you submit;
your fraud, negligence, or misconduct; or
any dispute between you and a third party arising from or related to your use of the Service.

This obligation survives your use of the Service.

24. Dispute Resolution, Arbitration, and Class Action Waiver

You and Point One Networks Inc. agree to attempt to resolve disputes informally first. If you have a dispute relating to the Service or these Terms, please contact us at [email protected] and describe the issue and the resolution you are seeking.

To the extent permitted by law, any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or your use of the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable consumer arbitration rules, unless applicable law requires a different forum or process.

You and Point One Networks Inc. agree that disputes will be handled only on an individual basis.

You waive any right to bring, join, or participate in a class action, class arbitration, representative action, consolidated action, private attorney general action, or multi-party proceeding against Point One Networks Inc. or any related person or entity.

You and Point One Networks Inc. also waive any right to a jury trial for disputes covered by this section.

You may opt out of this arbitration and class action waiver provision by emailing [email protected] within thirty (30) days after the date you first use the Service. Your opt-out notice must include your full name, email address, mailing address, and a clear statement that you are opting out of the arbitration and class action waiver provision in these Terms. If any part of this section is found unenforceable, the remaining parts will continue to apply to the fullest extent permitted by law.

25. Contact and Complaints

You may contact Point One Networks Inc. at:

Point One Networks Inc.
Lakeside Ave
Burlington, ON L7N 1Y4
Email: [email protected]

If your question or complaint relates to a third-party lender or provider, including loan approval, loan terms, rates, fees, funding, repayment, servicing, collections, or third-party communications, you may need to contact that third party directly.

26. California Consumer Notice

California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

27. Updates to These Terms

Point One Networks Inc. may update these Terms from time to time. The updated version will be posted on the Service. Unless otherwise stated, changes apply when posted. Your continued use of the Service after updated Terms are posted means you accept the updated Terms.

28. Entire Agreement

These Terms, together with the Privacy Policy, any applicable electronic consent disclosure, and any other disclosures or terms presented to you through the Service, make up the agreement between you and Point One Networks Inc. regarding your use of the Service.

29. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the fullest extent permitted by law or modified to reflect the original intent as closely as possible. The remaining provisions will remain in effect.

30. No Waiver

If Point One Networks Inc. does not enforce a provision of these Terms, that does not mean Point One Networks Inc. has waived that provision or any other right.

31. Assignment

You may not assign your rights or obligations under these Terms without our written consent. Point One Networks Inc. may assign these Terms in connection with a merger, acquisition, sale of assets, reorganization, change of control, or operation of law.

32. Continuing Effect

Sections that by their nature should continue after your use of the Service ends will continue, including sections relating to ownership, disclaimers, limitation of liability, indemnification, arbitration, class action waiver, and dispute resolution.

Important Disclosures

Material Disclosure

The operator of this Website is not a lender, loan broker or agent for any lender or loan broker. We are an advertising referral service to qualified participating lenders that may be able to provide amounts between $100 and $1,000 for cash advance loans, up to $5,000 for installment loans and up to $35,000 for personal loans. Not all lenders can provide these amounts and there is no guarantee that you will be accepted by an independent, participating lender. This service does not constitute an offer or solicitation for loan products which are prohibited by any state law. This is not a solicitation for a particular loan and is not an offer to lend. We do not endorse or charge you for any service or product. Any compensation received is paid by participating lenders and only for advertising services provided. Where prohibited, this service and offer are void. We do not control and are not responsible for the actions of any lender. We do not have access to the full terms of your loan, including APR. For details, questions or concerns regarding your loan please contact your lender directly. Only your lender can provide you with information about your specific loan terms, their current rates and charges, renewal, payments and the implications for non-payment or skipped payments. The registration information submitted by you on this Website will be shared with one or more participating lenders. You are under no obligation to use our service to initiate contact with a lender, apply for credit or any loan product, or accept a loan from a participating lender. Cash transfer times and repayment terms vary between lenders. Repayment terms may be regulated by state and local laws. Some faxing may be required. For additional information on issues such as late payment implications and credit please review our FAQs. These disclosures should not be considered legal advice, and are provided to you for information purposes only. The usage of this service is subject to this site's Terms of Use and Privacy Policy.

APR Disclosure

The Annual Percentage Rate (APR) is the rate at which your loan accrues interest and is based upon the amount, cost and term of your loan, repayment amounts and timing of payments. APR range for lenders in our network can generally range from 5.99% to 35.89%, with loan terms from 61 days to 96 months. Your actual rate will depend upon your credit score, loan amount, loan term, and credit usage and history. Some states have laws limiting the APR that a lender can charge you. Lenders are legally required to show you the APR and other terms of your loan before you execute a loan agreement.

Exclusions

Residents of some states may not be eligible for some or all short-term, small-dollar loans. Residents of Arkansas, New York, New Hampshire, Vermont and West Virginia are not eligible to use this Website or service. The states serviced by this Website may change from time to time, without notice.

Credit Implications

The operator of this Website does not make any credit decisions. Independent, participating lenders that you might be matched with may perform credit checks with credit reporting bureaus or obtain consumer reports, typically through alternative providers to determine credit worthiness, credit standing and/or credit capacity. By submitting your information, you agree to allow participating lenders to verify your information and check your credit. Loans provided by independent, participating lenders in our network are designed to provide cash to you to be repaid within an agreed amount of time. Short-term loans are not a solution for long-term debt and credit difficulties and you should only borrow an amount that can be repaid on the date of your next pay period. Consider seeking professional advice regarding your financial needs, risks and alternatives to short-term loans. Late Payments of loans may result in additional fees or collection activities, or both. Non-payment of credit could result in collection activities. Every lender has its own renewal policy, which may differ from lender to lender. Please review your lender's renewal policy and terms prior to proceeding.