By accessing or submitting a loan application through Dealer Payment Assistance or through a third-party application service, the applicant or co-applicant each agree to these Terms of Use. You agree the information you provided is correct and consent to the use of the information to receive communications from Dealer Payment Assistance as well as third-party lending partners including voice, text (MMS, SMS, etc.), and email, to access your credit report, to process a loan application, and to offer other products and services that may be of interest to you. Some communication and disclosures are conducted electronically. You must consent to these disclosures in order to complete the loan process.

Dealer Payment Assistance may share your information with trusted partners to help perform these services on their behalf. All third parties are prohibited from using your personal information except to provide these services and are required to maintain the confidentiality of your information.

Dealer Payment Assistance is not a lender and does not make credit decisions in connection with loans. The lender is solely responsible for its services to you and Dealer Payment Assistance will not be liable for any damages in any way connected with your service. Dealer Payment Assistance does not guarantee acceptance of a loan, loan terms or rates offered. Loan approval standards are established by the lenders themselves.

Given the changing nature of the law, rules, and regulations, Dealer Payment Assistance reserves the right to make changes to any aspect of the website and to modify changes within the Privacy Policy and Terms of Use. Any changes will be effective immediately upon posting on the website.

Legal Disclaimer

Except as otherwise provided, this site, all contents and all products and services are provided as an “as is” basis. Dealer Payment Assistance disclaims all warranties of any kind, either expressed or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Dealer Payment Assistance does not warrant that your use of this site will be uninterrupted or error-free. Dealer Payment Assistance endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of the information on this site. Your use of this site is at your own risk. Neither Dealer Payment Assistance nor its affiliates shall be liable to any person or direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury claim or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on this site. Dealer Payment Assistance is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the site or any material on the site, or with any of Dealer Payment Assistance’s Privacy Policy or Terms of Use, your sole and exclusive remedy is to discontinue using the site.

Credit Monitoring Service

1. WRITTEN INSTRUCTIONS FOR CREDIT EDUCATION SERVICES.
WHO MAY USE –

(a) You agree that You will use Dealer Payment Assistance Credit Monitoring Services only for your own behalf. You will be responsible for all use of your membership number and must notify Dealer Payment Assistance immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number.
(b) You understand that by enrolling in the Dealer Payment Assistance Credit Monitoring Services service, You are providing “written instructions” in accordance with the federal Fair Credit Reporting Act, as amended (“FCRA”), for Dealer Payment Assistance and its service providers, which may include CSIdentity Corporation (“CSID”), to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You authorize Dealer Payment Assistance and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.

2. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY: MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY MAIL (Dealer Payment Assistance, 2151 W Hillsboro Blvd. STE 102, Deerfield Beach, FL 33442) OR CALLING CUSTOMER SERVICE AT 888-912-4384. IN THE UNLIKELY EVENT THAT CUSTOMER SERVICE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH DEALER PAYMENT ASSISTANCE OR DPA LENDING’S SERVICE PROVIDER(S) TO YOUR SATISFACTION (OR IF DEALER PAYMENT ASSISTANCE AND/OR DPA LENDING’S SERVICE PROVIDER(S) HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), YOU, ON THE ONE HAND, AND DEALER PAYMENT ASSISTANCE AND/OR DPA LENDING’S SERVICE PROVIDER(S), ON THE OTHER, EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. WE WILL PAY ALL COSTS OF THE ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, YOU, ON THE ONE HAND, AND DEALER PAYMENT ASSISTANCE AND/OR DPA LENDING’S SERVICE PROVIDER(S), ON THE OTHER, WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM EACH OTHER PARTY TO THE SAME EXTENT AS YOU AND THEY WOULD BE IN COURT.

Arbitration Agreement:
(B) ARBITRATION – You, on the one hand, and Dealer Payment Assistance and/or DPA Lending’s service provider(s), on the other, agree that any claim or dispute (“Claim”) between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations. It is the parties’ intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by You against Dealer Payment Assistance or DPA Lending’s service provider(s) as well as their respective corporate affiliates for claims arising out of this Agreement directly related to the services or product/service websites. However, any disputes or claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA’s state law equivalent(s), are not subject to or governed by this agreement to arbitrate. You agree that, by entering into this Agreement, You, Dealer Payment Assistance and DPA Lending’s service provider(s) are each waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for your payment of your arbitration filing fee. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. YOU, ON ONE HAND, AND DEALER PAYMENT ASSISTANCE AND/OR DPA LENDING’S SERVICE PROVIDER(S), ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. [Further, unless both You and Dealer Payment Assistance]* agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section shall survive any termination, cancellation or
expiration of this Agreement.

*Following the Effective Date of this Agreement, Dealer Payment Assistance agrees to use its commercially reasonable efforts to replace the bracketed phrase with the following language for new or modified Terms of Use: “Further, unless You, on one hand, and Dealer Payment Assistance and/or DPA’s service provider(s), on the other,” LIABILITY – NEITHER DEALER PAYMENT ASSISTANCE, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER DEALER PAYMENT ASSISTANCE, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE DEALER PAYMENT ASSISTANCE CREDIT MONITORING SERVICE. NEITHER DEALER PAYMENT ASSISTANCE, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE SERVICES. NEITHER CLIENT, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID CLIENT FOR YOUR MEMBERSHIP. DEALER PAYMENT ASSISTANCE CREDIT MONITORING IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.

3. SCORE DISCLOSURES
VANTAGESCORE 3.0 CREDIT SCORE
VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you’ll pay back your debts, so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.

There are three different major credit reporting agencies, Experian, TransUnion, and Equifax, that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day.

Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don’t be
surprised if your lender gives you a score that’s different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender’s score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.