Terms of Use

Welcome to Peak Loans ("Peak Loans," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website located at peakloans.com (the "Site") and all related services, features, and content offered by Peak Loans (collectively, the "Services").

By accessing or using the Site in any way — including browsing, submitting an application, or creating an account — you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies or agreements incorporated herein by reference. These Terms constitute a binding contract between you and Peak Loans.

If you are using the Site on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" will refer to that entity.

Peak Loans reserves the right to modify, update, or replace these Terms at any time at our sole discretion. We will indicate the date of the most recent revision at the top of this page. When we make material changes, we will make reasonable efforts to notify you — such as posting a notice on the Site or sending an email to the address associated with your account.

Your continued use of the Site after any modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically. If you do not agree with the revised Terms, you must immediately stop using the Site and Services.

This Site is intended solely for use by individuals who are at least 18 years of age and are residents of the United States in states where Peak Loans is licensed to lend. By using this Site, you represent and warrant that:

• You are at least 18 years of age;
• You are a legal resident of the United States;
• You reside in a state where Peak Loans is licensed and authorized to offer loan products;
• You are not a person barred from using the Services under the laws of the United States or any other applicable jurisdiction;
• You have a valid Social Security Number or Individual Taxpayer Identification Number; and
• All information you provide to us is truthful, accurate, current, and complete.

Peak Loans does not knowingly collect personal information from individuals under the age of 18. If we discover that a minor has submitted personal information to us, we will promptly delete such information and terminate any associated account.

To access certain features of the Site, including submitting a loan application, you may be required to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form;
• Maintain and promptly update your information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your password and account credentials;
• Not register multiple accounts, whether under your real name or false identities; and
• Notify Peak Loans immediately of any unauthorized use of your account or any other breach of security.

You are solely responsible for all activity that occurs under your account. Peak Loans reserves the right to refuse registration, cancel accounts, or remove content at its sole discretion. Providing false, inaccurate, or incomplete information may result in the immediate rejection or termination of your account and application.

Peak Loans is a licensed licensed lender offering installment loans and related financial products to eligible borrowers. All loan products, including loan amounts, interest rates, fees, repayment terms, and availability, are subject to applicable state law, our underwriting criteria, and final approval.

Submitting a loan application does not guarantee approval or the availability of any particular loan amount or product. Peak Loans reserves the right to decline any application at our sole discretion.

All loan terms, costs, and conditions — including the Annual Percentage Rate (APR), finance charges, repayment schedule, and total amount due — will be disclosed in your individual loan agreement, which you must review and sign before any funds are disbursed. You are encouraged to read your loan agreement carefully and contact us with any questions before signing.

Loan proceeds are intended for personal, family, or household purposes only. You agree not to use loan funds for any illegal purpose or in any manner that violates applicable law.

Rate and Fee Disclosure: Peak Loans' loan products carry fees and interest charges. Installment loans are generally higher-cost credit products and may not be appropriate for all consumers. We encourage you to consider all available credit options before borrowing.

You may cancel your loan and rescind your future payment obligations without cost or finance charges by contacting Peak Loans by 5:00 p.m. in your local time zone on the next business day following the disbursement of your loan proceeds. To cancel:

• Contact our customer service team by phone or email (see Section 19 for contact details);
• Return the full loan principal disbursed to you; and
• Confirm your cancellation request in writing if requested.

If you cancel within the timeframe above and return all funds, you will not be charged any fees or interest. Cancellations requested after the deadline may be subject to applicable fees and interest as set forth in your loan agreement and governing state law.

To cancel future scheduled payments outside of the rescission window, please refer to the repayment terms in your individual loan agreement or contact our customer service team for assistance.

By using this Site and submitting an application, you consent to receive communications from Peak Loans electronically, including loan agreements, disclosures, notices, and statements. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

Pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), you consent to:

• Conduct transactions with Peak Loans electronically;
• Receive required disclosures, loan agreements, and notices in electronic form;
• The use of electronic signatures to sign documents; and
• Retain records of your loan transactions in electronic form.

To access and retain electronic records, you need a device with internet access and the ability to read PDF files. You may withdraw your consent to electronic communications at any time by contacting us, but doing so may affect your ability to use our Services. You may request paper copies of any documents at no additional charge by contacting our customer service team.

By providing your cell phone number, you authorize Peak Loans to contact you at that number via text message or telephone call (including automated calls or prerecorded messages) for account-related notifications, payment reminders, and customer service purposes. Standard message and data rates may apply. You may opt out at any time by replying STOP to any text message or contacting us directly.

All content on this Site — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and arrangement of the Site (collectively, the "Content") — is the exclusive property of Peak Loans or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Site. You may print or download Content solely for your own personal, non-commercial use, such as retaining copies of documents related to your loan transactions. This license does not include:

• Any resale or commercial use of the Site or its Content;
• Any collection or use of product listings, descriptions, or prices;
• Any derivative use of the Site or its Content;
• Any downloading or copying of account information for the benefit of another party; or
• Any use of data mining, robots, or similar data gathering and extraction tools.

The Peak Loans name, logo, and all related product and service names and slogans are trademarks of Peak Loans. You may not use any of these marks without prior written permission from Peak Loans. All other trademarks not owned by Peak Loans that appear on the Site are the property of their respective owners.

Any unauthorized use of the Content or trademarks terminates the license granted herein and may violate applicable copyright, trademark, and other laws.

You agree to use this Site only for lawful purposes and in a manner consistent with these Terms. The following activities are strictly prohibited:

• Using the Site for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation;
• Submitting false, misleading, or fraudulent information in any application, form, or communication;
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Registering multiple accounts or using another person's account without authorization;
• Using any robot, spider, scraper, crawler, or other automated means to access the Site or collect information from it;
• Harvesting or collecting email addresses or other contact information of other users from the Site;
• Attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to it;
• Transmitting any viruses, malware, or other harmful or disruptive code;
• Interfering with or disrupting the integrity or performance of the Site or its related infrastructure;
• Posting, uploading, or transmitting any content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Engaging in any activity that could damage, disable, overburden, or impair the Site; or
• Using the Services to engage in money laundering, fraud, or any other financial crime.

Peak Loans reserves the right to terminate your access to the Site immediately and without notice for any violation of these prohibitions.

This Site may contain links to third-party websites, resources, or services that are not owned or controlled by Peak Loans. These links are provided solely for your convenience and informational purposes. Peak Loans has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.

We do not endorse or make any representations about third-party websites or the information, products, or services found there. You acknowledge and agree that Peak Loans is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available through any third-party website.

We strongly advise you to read the terms of service and privacy policy of any third-party site you visit.

Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully to understand our practices.

When you apply for a loan or create an account, we collect personal information including, but not limited to, your name, address, phone number, email address, Social Security Number, income information, and bank account details. This information is used to process your application, service your loan, verify your identity, and as otherwise described in our Privacy Policy.

We may also collect non-personal information automatically through cookies, web beacons, and similar tracking technologies, including IP address, browser type, pages visited, and time spent on the Site. This information helps us improve your experience and the functionality of our Site.

While we implement commercially reasonable security measures to protect your information, no method of data transmission or storage is completely secure. We cannot guarantee absolute security of your information. You provide personal information to us at your own risk.

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Peak Loans does not warrant that:

• The Site will be available, uninterrupted, or error-free;
• The information or content on the Site is accurate, complete, current, or reliable;
• Any defects in the Site will be corrected; or
• The Site or the servers that make it available are free of viruses or other harmful components.

Any information obtained through your use of the Site is obtained at your own risk, and you bear sole responsibility for any damage to your computer system or loss of data resulting from such use.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAK CREDIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF PEAK CREDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PEAK CREDIT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO PEAK CREDIT IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

YOU MUST FILE ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SITE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. CLAIMS NOT FILED WITHIN THIS PERIOD ARE PERMANENTLY BARRED.

The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Peak Loans has been advised of the possibility of such damage.

You agree to defend, indemnify, and hold harmless Peak Loans and its officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Site or Services in a manner not authorized by these Terms;
• Any information you submit, post, or transmit through the Site;
• Your violation of any law or the rights of a third party; or
• Any claim that your use of the Site caused damage to a third party.

Peak Loans reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with Peak Loans' defense of such claim.

Agreement to Arbitrate: Except as described below, you and Peak Loans agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services — including questions about the validity, enforceability, or scope of this arbitration agreement — shall be resolved exclusively through binding individual arbitration, rather than in court.

Class Action Waiver: YOU AND PEAK CREDIT 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this specific waiver is found unenforceable, the entire arbitration agreement shall be null and void.

Jury Trial Waiver: BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY.

Arbitration Rules: Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA's rules are available at www.adr.org. The arbitration will be conducted in the county where you reside, or by telephone or written submission if mutually agreed.

Exceptions: Either party may pursue claims in small claims court if the claim qualifies. Either party may seek emergency injunctive relief in court to prevent imminent irreparable harm pending arbitration.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to Peak Loans within 30 days of first accepting these Terms. Opting out does not affect other provisions of these Terms.

Costs: If your claim does not exceed $10,000, Peak Loans will pay all AAA filing, administration, and arbitrator fees. For claims exceeding $10,000, the AAA rules will govern the payment of fees.

These Terms and any dispute arising from or related to them or your use of the Site shall be governed by and construed in accordance with the laws of the State of Utah and applicable federal law, without regard to conflict of law principles.

To the extent any claim is not subject to arbitration under Section 15, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah for the resolution of any such dispute. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Peak Loans' loan products are available only to residents of states where Peak Loans holds a valid lending license. This Site is not intended for use by residents of states or jurisdictions where Peak Loans is not licensed to lend, and nothing on this Site constitutes an offer or solicitation to lend in any such jurisdiction.

Loan availability, amounts, terms, rates, and fees vary by state and are subject to applicable state law. It is your responsibility to ensure that the loan product you are applying for is available in your state of residence.

Currently, Peak Loans is licensed to lend in the following states: Delaware, Idaho, Missouri, Nevada, South Carolina, Texas, Utah, and Wisconsin. This list may change as Peak Loans expands or modifies its licensing. Check our website for the most current list of licensed states.

If you access this Site from outside these licensed states or from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by Peak Loans on the Site, constitute the entire agreement between you and Peak Loans concerning your use of the Site and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver: No failure or delay by Peak Loans in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Assignment: You may not assign or transfer your rights or obligations under these Terms without Peak Loans' prior written consent. Peak Loans may assign these Terms, in whole or in part, at any time without your consent.

Force Majeure: Peak Loans shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil disturbance, government action, labor disputes, or failures of communications infrastructure.

Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect.

No Third-Party Beneficiaries: These Terms are for the sole benefit of you and Peak Loans and do not create any third-party beneficiary rights.

If you have any questions, concerns, or complaints about these Terms or our Services, please contact us:

Our customer service team is available Monday–Friday, 7:00 a.m. to 6:00 p.m. MT.