The words "we," "us," "our", and "Mariner", refer to Mariner Finance, LLC, and its affiliates and subsidiaries (collectively referred to as “Company”), and the words "you", "your" and "yours" mean each person in whose name a loan application is submitted and/or a loan is maintained. "Communication" means any application forms, loan agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, monthly statements, privacy policies and all other information related to a loan application or your loan(s), or the services we offer including, but not limited to, information that we are required by law to provide to you in writing.
You are solely responsible for maintaining the confidentiality of your username and password for your Customer Account Center online account (“Online Account”) and for all activities that occur during your use of the websites web pages, and mobile apps including, but not limited to, www.marinerfinance.com and Mariner’s web-based mobile application software known as the Mariner’s Mobile Customer Account Center (hereinafter the “Sites”). You agree to immediately notify Company of any unauthorized use of your password or any other breach of security known to you.
E‐Signature Disclosure and Consent
You confirm that you can access and read and agree to all of the terms and conditions herein. You agree that your electronic signature will have the same force and effect, and will bind you to the all terms and conditions in the same manner and to the same extent as a physical signature would do. You also agree that any documents that you electronically sign are electronic records that may be transferred, authenticated, stored, and transmitted by electronic means. If you are accessing Communications through a device that we provide, a copy of the referenced Communications will be emailed to the email address that you provide so that you can print, save, and/or send them to a place where they may be printed/saved/viewed for future reference.
You represent and warrant to Company that any information you submit to Company through your use of the Sites including, but not limited to, any information related to a consumer loan application is accurate and not misleading.
What Communications will be provided to You in Electronic Format:
You agree that we may provide you with all disclosures and notices required by law or the Automated Clearing House System in connection with your loans with Company, including Communications in electronic format. Your consent to receive electronic Communications and transactions includes, but is not limited to the execution and receipt of loan documents and the receipt of our privacy policies/notices and other notices/disclosures. By providing your electronic signature for a given loan document, you agree that you are legally bound by such document, and you are solely and fully responsible for fulfilling all duties and obligations set forth in such document just as though you had signed in ink a paper copy of such document. If your loan is not for the purchase of goods or services and you are to receive any loan proceeds directly, you authorize us to electronically credit your designated checking or savings account with applicable loan proceeds.
How to Withdraw Your Consent:
To withdraw your consent, you may contact us in any of the ways described below. We will not impose any fee to process the withdrawal of your consent, but your access and use of the Online Account service will be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
System Requirements to Access Online Account:
To be able to access, view, and retain electronic Communications that we make available to you, you must have the following equipment and software:
- A personal computer or other device that is capable of accessing the Internet.
- An Internet web browser that is capable of supporting a minimum of 128‐bit SSL‐encryption using the TLS 1.1 standard, with cookies and java script enabled, such as the current major release of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Apple Safari.
- Software that permits you to receive and access Portable Document Format or "PDF" files, such as the current version of Adobe Acrobat Reader.
- An email account with an Internet service provider and email software to permit you to participate in the Online Account services.
- To retain a copy of electronic Communications your device must have the ability to print, download and store PDF files.
- Sufficient electronic storage capacity on your device’s hard drive or other data storage unit.
You will be notified if there are any significant changes in system requirements in order to confirm that you still meet the minimum system requirements to access and receive Communications in electronic format.
Requesting Paper Delivery of Disclosures and Notices:
You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy. To receive a paper copy of any Communication provided by Company at no charge, please request it in one of the following ways:
Be sure to request the specific Communication you want in a paper format.
No Fees for Electronic Communications:
There is no charge for electronic delivery of the Communications.
Communications in Writing; Updating Contact Information:
All Communication in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Consent and any other Communication that is important to you. You agree to update any contact information that you provide to us, including any email address, by contacting us through one of the above methods.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal ESignature Act, and that you and we both intend that the ESignature Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
To prevent unauthorized access to your personal data, maintain data accuracy and integrity, and ensure the correct use of information, Company follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. For more information on how Company uses information you provide through the Sites, please review Company’s Privacy Statement.
Consumer Online Agreement
Enrolling in Your Online Account
You must have a Company loan account to enroll in an Online Account using a personal computer or other device capable of accessing the internet with access to our websites at www.marinerfinance.com or capable of downloading Mariner’s Mobile Customer Account Center app.
You will select an initial Online Account password. Do not use numbers that are easily associated with you, such as your telephone number, address or birth date as your password. You are responsible for the safekeeping of your password. You agree not to disclose or otherwise make available your password to anyone. We recommend that you change your password regularly. You authorize us to act on instructions received through access to your Online Account using your login information.
In addition, you must have the electronic equipment and the required secure Internet browser software as defined in the E-Signature Disclosure and Consent above. You must maintain at your expense all Internet connections, browsers, hardware and software necessary to access your Online Account. You are solely responsible for installing appropriate software, including but not limited to, anti‐virus software, anti‐spyware, and firewalls on your computer hardware to prevent key logging and/or other intrusions that may allow a third party to unlawfully view activity on your computer. You are responsible for any telephone/DSL/lnternet charges incurred for accessing your accounts through the Online Account.
Online Account Services
You may use your Online Account to make payments to your loan account(s)
You may authorize ACH loan payments on your Company loan through your Online Account 24 hours per day (subject to the posting restrictions outlined below). When you authorize an ACH loan payment through the Online Account, you are authorizing us to electronically charge (or debit) your checking or savings account (deposit account) for the amount you indicate. You must complete a separate authorization for each ACH payment, unless auto payments are available and elected by you. You are not required to make payments through your Online Account (automatic payments or otherwise).
Online Account payment authorizations we receive before end of business on a business day will be posted to your loan the same business day. Our business days for the Online Account are Monday through Saturday, excluding the holidays we observe. The Online Account business day ends at 9:00 PM Eastern Time. For any payment authorization made by you through the Online Account that we receive on a legal holiday, a Sunday, or after 9:00 PM Eastern Time on a business day, we will deem the payment authorization as if we had received it on or after 8:00 AM Eastern Time the following business day regardless of whether your Online Account shows your payment as posted on a legal holiday, a Sunday, or after 9:00 P.M. Eastern Time on a business day.
In the event of an erroneous debit, you authorize us to initiate a transfer to or from the deposit account to correct the error. In the event any debit is unsuccessful, you authorize us to attempt such debit up to two (2) additional times. You understand that unsuccessful debits may result in charges by the bank that holds the deposit account, and you agree that we are not liable for such charges.
Posted payments may be reversed due to insufficient funds, stop payment orders, or other reasons.
You may stop a loan payment if you provide the stop payment order to your financial institution at such time and in such manner as to allow your financial institution a reasonable opportunity to act upon the stop payment order prior to acting on the debit entry. Any stop payment order must be made in accordance with the procedures required by your financial institution.
Company may, from time to time, offer or introduce new financial services through your Online Account. By using these services, you agree to be bound by any rules concerning these services.
Protecting Your Online Account
You agree to notify Company immediately if you believe another person has improperly obtained your Online Account password or if you suspect any fraudulent activity on your Online Account. You may provide notification by calling 877-310-2373, Monday through Friday during the hours of 9:00 AM to 5:00 PM Eastern Time.
You may also email us at firstname.lastname@example.org, Be sure to include your email address and other contact information.
If you find that your records do not match any or all of the information in Company’s records, you agree to immediately notify Company at 877-310-2373.
In some states, Company may charge a convenience fee each time that you authorize a one‐time loan payment via an electronic charge to your deposit account. Any such convenience fee for facilitating an electronic payment will be assessed separately from your loan payment. The fee amount will be disclosed at the time of payment authorization. Company does not charge a convenience fee for auto payments, for in person payments at a branch, or for mailed in payments.
Please note that fees may also be assessed separately by your Internet Service Provider (ISP) or financial institution.
Automatic Draft Authorization for Auto Payment Election
If available, and you elect automatic payments from your personal account, you authorize and direct Company to initiate periodic debit entries for your scheduled loan payments on the account at the financial institution for which you provide information through your Online Account. You understand that the amount of the debit has to be equal to your required minimum monthly payment or a larger amount. You agree that it may take up to 30 calendar days to process and initiate this payment method for your loan. You agree that Company may assess one or more fees for returned items.
You agree that payment in the amount you requested will be automatically deducted on your monthly due date from your designated bank account on the payment date specified in your loan documents. If the first scheduled payment is an extended due date payment, then the first drafted payment amount may differ from the contractually agreed upon amount due each month. If any scheduled debit amount is greater than the outstanding balance of the loan, the scheduled payment will be debited in full and a check in the amount of the overpayment will be issued and mailed to you.
Changes made to your payment type or amount or banking information must be received by Company at least three business days prior to the payment due date. Automatic payments will be credited as of your payment due date. If you would like to determine whether the automatic payment occurred, please call 877-310-2373 during normal business hours.
Your automatic payment authorization will remain in effect until the underlying obligation to Company is satisfied OR Company receives written notification from you of termination of this authorization and Company has reasonable time to act upon it, whichever comes first. You may terminate this auto debit authorization at any time up to three (3) business days before the scheduled date of the transfer through your Online Account, by providing written notice to Company at: Mariner Finance, LLC, Attn: Servicing, 8211 Town Center Drive, Nottingham, Maryland 21236 or by emailing Company at email@example.com.Any such notification must be received by Company at any time up to three (3) business days before the scheduled date of the transfer. If the debit item is resubmitted, Company must continue to honor the stop payment order. Company may cancel your automatic payment enrollment if any automatic payment is returned unpaid by your financial institution. Company may also cancel the automatic payment service for any reason and will notify if such an action takes place. The automatic payment amount will only be reduced or canceled to avoid creating a credit balance on the account.
You have the right to stop payment of preauthorized transfers from your account by notifying Company, orally or in writing at the mailing address or email address noted above, at any time up to three (3) business days before the scheduled date of the transfer. If the debit item is resubmitted, Company must continue to honor the stop payment order.
Further, you understand and agree that if your account at the depository financial institution provided does not have sufficient funds to make your loan payment, Company will not be responsible or liable for any penalties or charges assessed by any other financial institution as a result of such insufficiency. You acknowledge that, in the event Company’s additional attempts to collect your payment via EFT-ACH are unsuccessful, you must make your loan payment by other means. You understand that a fee may be assessed by Company in accordance with the terms of your loan agreement as a result of your account at the depository financial institution having insufficient funds.
Your Promise and Indemnity
You promise that the checking or savings account from which you authorize us to debit loan payments belongs to you and that you are authorized to instruct us to debit the account.
Except as specifically provided for in this Agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage or bodily injury, whether caused by our, equipment, software, or any of our agents or subcontractors. We are not responsible for any direct, indirect, special or consequential, economic or other damages arising in any way from the installation, use or maintenance of the equipment, software or Internet browser or access software. We are not responsible for any loss, damage or injury resulting from an interruption in your electrical power or telephone service; the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or any defect or malfunction of your computer, modem, or telephone line. Company is not responsible for any services relating to your computer other than those specified in this Agreement. If any equipment failure occurs in any way relating to your computer, modem, or telephone line, Company is not responsible.
Changes to Fees or Other Terms
Company reserves the right to change any term or condition described in this Agreement at any time. If required by law, Company will give you prior notice of such changes. Such changes shall be effective as specified in our notice of change. By maintaining your Online Account after the effective date of the change, you evidence your agreement to the change.
Other General Terms
You agree to be bound by and will comply with the requirements of your loan documents, the rules and regulations of any funds transfer system in which we participate, and all applicable State and Federal laws and regulations. Company reserves the right to terminate this Agreement and your access to the Online Account without prior notice.
Disclaimers and Limitations of Liability
COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
(B) ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, COMPANY’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.