BMG Money, Inc.’s Terms of Use
BMG Money, Inc.’s (“BMG”, “us”, “we”) terms and conditions below (the or these “Terms of Use”) govern your access to and use of BMG’s website (the “Site”) and online services provided by BMG (the “Services”). The Terms of Use constitute a legal agreement between you and BMG. You agree to the Terms of Use by accessing or using the Site. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Use. In addition to these Terms of Use, you may enter into other, separate agreements with BMG or others that will govern your use of the Services or other related services offered by us or others. If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of the Services, the other agreement shall take precedence in relation to the specific aspects of the Services to which it applies. As used herein, “Users” means anyone who accesses and/or uses the Site.
1. CHANGES TO THE TERMS OF USE
We may modify the Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Use. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modification.
2. ELIGIBILITY
This Site is intended solely for users who are eighteen (18) years of age or older, and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and you agree to, and to abide by and cause any third party acting on your behalf to abide by, all of the terms and conditions of these Terms of Use.
3. USER ACCOUNTS
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to BMG, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree to notify us immediately of any unauthorized use of your online account. We reserve the right to close your online account at any time for any or no reason. You will use your online account for your personal, non-commercial use only. You may not impersonate someone else, create an online account for anyone other than yourself, provide an email address other than your own or create multiple online accounts.
4. PROPRIETARY RIGHTS IN SITE CONTENT
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, product terms and descriptions, software, music, sound and other files and their selection and arrangement (the “Site Content”), are the proprietary property of BMG with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without BMG’s prior written permission, except as provided in the following sentence and except that the foregoing does not apply to Your Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. Except for Your Content (as defined below), you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of BMG, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
5. TRADEMARKS
BMG graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of BMG in the United States and/or other countries. BMG trademarks (including, without limitation, “LoansAtWork”) and trade dress, and any derivatives thereof, may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BMG.
6. RESTRICTIONS ON USE
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, patent, trade secret, moral right, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Services or the Site or for any other purpose. You further agree that you may not use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Without limiting the foregoing general restrictions, you agree not to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here at customer.service@bmgmoney.com, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
7. RESPONSIBILITY OF YOUR CONTENT
You are solely responsible for any information or other content that you upload, publish, provide or display on or through the Services or the Site (collectively, “Your Content”). You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein.
8. CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES
Because BMG operates on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, we need you to consent to our giving you certain Disclosures (as defined below) electronically, either via the Site or to the email address you provide to us. By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099 (as defined below), arising from or relating to any loans you may request or receive from BMG, your registration on the Site, your use of the Services, or the servicing, administration and collection of any loan(s) you may receive from BMG (each, a “Disclosure”) and that one or more of your agreements with BMG (including any promissory note) may be signed by you electronically and evidenced solely by one (1) or more electronic records. An IRS Form 1099 refers to any Form 1099 or other Form, schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an “IRS Form 1099”). The decision to do business with us electronically is yours.
Electronic Communications. Any Disclosures will be provided to you electronically through loansatwork.com either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you. If you do not consent to receive an IRS Form 1099 electronically when you agree to these Terms of Use or subsequently revoke such consent, a paper copy of any IRS Form 1099 required to be delivered to you after the effective time of your failure to consent or revocation of consent will be sent to you at no cost. However, a fee may be charged for any additional or replacement copies of such IRS Form 1099. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your consent to receive Disclosures and sign agreements and otherwise transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures and agreements relate between you and BMG. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made. In addition, if your consent to receive Disclosures and sign agreements and otherwise transact business with us electronically ceases to be effective, your consent to do so will nevertheless continue to apply to all agreements you signed electronically while your consent remained in effect.
Consenting to Do Business Electronically. Before you decide to do business electronically with BMG, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. In order to access and retain Disclosures and sign agreements electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 7.0 or above, or the equivalent software; and hardware capable of running this software.
Withdrawing Consent. You may withdraw your consent to receive Disclosures and sign agreements electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to apply for loans on the Site or use the Services. If you have already received one or more loans and electronically executed one or more promissory notes or other agreements or instruments relating to such loans, all previously agreed to terms and conditions will remain in effect with respect to such loans, promissory notes and other agreements, and we will send Disclosures with respect to such loans to your verified home address provided during registration.
Consenting to Receive SMS/Text Messages. You consent to receive short message service, instant messages and similar communications to your mobile phone or similar electronic device. These messages may be related to the status of your loan application, maintenance of your account, or they may include special offers or promotions. You will have the right to opt out of these communications as permitted by applicable law by following the prompts for opting out contained within these communications.
If you withdraw your consent to receive IRS Forms 1099 electronically, we will confirm your withdrawal and its effective date in writing by email. Such withdrawal will take effect for the calendar year in which it is made so long as such withdrawal is made before November 1 of such calendar year.
How to Contact Us Regarding Electronic Disclosures. You can contact us via email at terms@bmgmoney.com or by calling 1-800-316-8507. You may also reach us in writing to us at the following address: BMG Money Inc., 444 Brickell Avenue, Suite 250, Miami, FL 33131.
You will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to profile@bmgmoney.com or calling 1-800-316-8507. You also agree to update your registered residence address and telephone number on the Site if they change.
You will print a copy of this agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site and agreements signed electronically through the Site and/or the Services.
9. PRIVACY
For information about how we handle your personal information, please read our Privacy Policy.
10. SITE AVAILABILITY
We reserve the right to modify, update or discontinue the Site and/or the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
11. UNAUTHORIZED ACCESS
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site and/or the Services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
12. TERMINATION
We may terminate or suspend your online account or ability to use the Site and/or the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your online account or ability to use the Site and/or the Services if you misuse the Site and/or the Services. Any such termination or suspension could prevent you from accessing your online account, the Site, the Services, Your Content, Site Content or any other related information.
13. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
14. THIRD PARTIES
The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the services made available through the Site may be provided in connection with third parties and subject to additional terms posted on Third Party Sites, which terms are incorporated herein by reference. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
15. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
16. MISCELLANEOUS
17. CONTRACT AND VIOLATIONS
Please contact us with any questions regarding the Terms of Use. Please report any violations of the Terms of Use to our legal department through the contacts page.
1 Instant Funding available if you provide a valid debit card, funds are generally deposited in the bank account linked to this debit card within minutes. If you do not choose the instant funding option, expedited funding is available and usually takes 2-3 hours to receive funds if your bank is within the RTP® network. For ACH funding outside the RTP network, same day funding is available for applications approved and signed before 12:00 p.m. ET Monday - Saturday not including federal holidays, for applications approved and signed by 4:30 p.m., funds are generally deposited the next business day Monday - Saturday not including federal holidays, in which case funding will occur on the following business day.
2 Your FICO Credit Score will not be pulled for the processing of this loan application; however, failure to make payments may affect your FICO credit score.
3 Subject to BMG Money, Inc. or BMG LoansAtWork, LLC loan program requirements and approval.
4 BMG Money loans are provided at a significantly lower cost than most payday loans. For example, in Florida a $2,000 loan with a one-time fee of $25 will be repaid through 25 bi-weekly allotment installment payments in one year, will have an APR of 32.25% and a bi-weekly allotment installment payment of approximately $95 with a total payback amount of approximately $2,358.82 (assumes a 06/14/2021 loan execution date). In contrast, “...the average interest rate on the average payday loan is 391%...” Source – https://www.stlouisfed.org/open-vault/2019/july/how-payday-loans-work - July 19, 2019.
5 Our interest rate match policy applies only to loans made by BMG Money, Inc. or BMG LoansAtWork, LLC, intended to be repaid by payroll allotment, to employees of the U.S. federal government (excluding military service members) residing in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Minnesota, Montana, Nebraska, Nevada, New Hamsphire, New Jersey, New Mexico, New York, North Carlina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Washington DC or Wyoming. * TO REPORT A PROBLEM OR COMPLAINT WITH THIS LENDER YOU MAY WRITE OR CALL Customer Service Manager at 444 Brickell Avenue Suite 250 Miami, FL 33131; (800) 316-8507; or at customer.service@bmgmoney.com. TO RESIDENTS OF NEW MEXICO: This lender is licensed and regulated, when making loans of $10,000 or less, by the New Mexico Regulation and Licensing Department, Financial Institutions Division, P.O. Box 25101, 2550 Cerrillos Road, Santa Fe, New Mexico 87504. To report any unresolved problems or complaints, contact the division by telephone at (505) 476-4885 or visit the website "New Mexico Regulation & Licensing Department". All loans are made by BMG Money affiliate BMG Money LoansAtWork, NMLS #1649032.
6 Military Lending Act Disclosure: Due to rules and restrictions within the Military Lending Act, this program is not available to active duty service members or their spouses.
7 California Residents: Loan made or arranged pursuant to a California Finance Lenders Law license please note, that "California Finance Lenders Law" has since changed its name to "California Financing Law”. California Privacy Rights: If you are a California resident who is a natural person, the California Consumer Privacy Act (“CCPA”) provides certain rights concerning your personal information, unless an exception applies. These exceptions include information subject to the federal Gramm-Leach-Bliley Act (“GLBA”) and Fair Credit Reporting Act (“FCRA”). In addition to the exceptions under the CCPA, the CCPA does not consider information to be personal information if it cannot be reasonably linked to any consumer or household. The information that we collect, use, and share is exempt from the CCPA because it is subject to the GLBA, subject to the FCRA, or it is not considered personal information.
8 Residents of Washington: BMG LoansAtWork, LLC holds Consumer Loan Company License # CL1649032; NMLS Consumer Access webpage: www.nmlsconsumeraccess.org