Website Services Agreement

Effective as of March 28, 2014

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced here as “You” or the “Authorized User”) AND MIDLAND CREDIT MANAGEMENT, INC. (referenced herein as “MCM” or “we”). BY DOWNLOADING, ACCESSING, OR USING ANY PART OF THE MCM PAYMENT PORTAL (AS MADE AVAILABLE FROM THE MCM WEBSITE FOUND AT‘https://www.midlandcreditonline.comand/oraccounts.midlandcreditonline.com(the “MCM Website”)), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS PAYMENT PORTAL SERVICES AGREEMENT (the or this “Agreement”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE MCM PAYMENT PORTAL AND ANY RELATED SOFTWARE, SOLUTIONS, SERVICES, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE MCM PAYMENT PORTAL OR PROVIDED BY MCM IN CONNECTION WITH THE MCM WEBSITE (collectively, such items for purposes of this Agreement, the or this “MCM Payment Portal”). MCM IS WILLING TO LICENSE THE USE OF THE MCM PAYMENT PORTAL TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE MCM PAYMENT PORTAL AND ARE INSTRUCTED TO EXIT THE MCM PAYMENT PORTAL IMMEDIATELY AND CEASE ALL USE OF ANY RELATED SOFTWARE, SOLUTIONS, SERVICES, INFORMATION, OR MATERIALS. BY INSTALLING, ACCESSING, OR USING ANY PART OF MCM PAYMENT PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT AND ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION BY MCM TO ACCESS THE MCM PAYMENT PORTAL. IN SUCH CASE, PLEASE EXIT THE MCM PAY PORTAL AND PROMPTLY RETURN AND/OR DELETE ANY SOFTWARE, SOLUTIONS, INFORMATION, OR MATERIALS RELATED TO THE MCM PAYMENT PORTAL THAT YOU HAVE RECEIVED FROM MCM OR THAT YOU HAVE IN YOUR POSSESSION.

TERMS AND CONDITIONS

LICENSE GRANT.The MCM Payment Portal is provided by MCM, and this Agreement provides to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the MCM Payment Portal conditioned on your continued compliance with the terms and conditions of this Agreement. This Agreement permits You to use and access for only non-commercial, personal, family or household purposes the MCM Payment Portal and any information available therefrom (i) on a single laptop, workstation, mobile device, or computer and (ii) from the Internet or through an on-line network (so long as such access occurs through a single laptop, workstation, mobile device, or computer).

2 RESTRICTIONS.You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the MCM Payment Portal. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the MCM Payment Portal or in any way reproduce or circumvent the navigational structure or presentation of the MCM Payment Portal to obtain or attempt to obtain any information, materials, documents, or information through any means not purposely made available through the MCM Payment Portal, (ii) attempt to gain unauthorized access to any portion or feature of the MCM Payment Portal, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the MCM Payment Portal or to any MCM server or to any of the services offered on or through the MCM Payment Portal, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the MCM Payment Portal or any network connected to the MCM Payment Portal, or breach the security or authentication measures on the MCM Payment Portal or any network connected to the MCM Payment Portal, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the MCM Payment Portal, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the MCM Payment Portal or MCM’s systems or networks or any systems or networks connected to the MCM Payment Portal, (vi) use any device, software, or routine to interfere with the proper working of the MCM Payment Portal or any transaction conducted on the MCM Payment Portal, or with any other person’s or entity’s use of the MCM Payment Portal, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal You send to MCM on or through the MCM Payment Portal, (viii) use the MCM Payment Portal to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, or otherwise permit third parties to access and use the MCM Payment Portal (or any part thereof) without MCM’s express, separate, and prior written permission, or (x) use the MCM Payment Portal in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact MCM.

PAYMENT. Any request or order to settle or make payment shall require MCM’s confirmation of acceptance and may also require additional verification or information from You before acceptance by MCM. All amounts noted are in US Dollars ($). MCM utilizes third party payment processors, and You hereby agree that MCM may charge your chosen payment method for any payment and for any applicable taxes. You agree to pay all charges incurred by You in connection with any credit card, debit card, or other payment method utilized in connection with a payment transaction with MCM. MCM does not assess fees or interest to a consumer’s balance throughout the period of active repayment (except those awarded by a court upon agreement with the consumer or after due process of law); however, missed payments will invalidate any agreed upon arrangement. Interest on the account, if applicable, which had been deferred while payments were being received may be added back to the account after payments ceased. MCM also reserves the right to terminate or suspend access to the MCM Payment Portal if You fail to pay any amounts when due. You shall reimburse MCM for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts.

4 AUTHORIZED USER OBLIGATIONS. You represent and warrant to MCM that (i) You are of the legal age of majority and are authorized and able to enter into this Agreement and fulfill and perform the obligations and meet the conditions of an Authorized User as specified herein (including any payment obligations), and (ii) You have all rights and permission necessary to submit, display, or make available any materials or information submitted to the MCM Payment Portal and have obtained at your sole expense all necessary consents, rights, permissions, and clearances (and provided MCM with reasonable proof thereof (if requested)) required for MCM to use such materials or information in connection with the MCM Payment Portal; and (iii) You are rightly the individual lawfully able to access and use the designated Authorized User account. You also represent that You are able to assume all responsibility for the payment commitments you establish through the MCM Payment Portal. You access and use the MCM Payment Portal on your own volition and are responsible for compliance with all applicable local laws with respect to your use. While MCM has endeavored to create a secure and reliable solution, You should understand that the confidentiality of any information or material transmitted or stored with the MCM Payment Portal or to/from the MCM Payment Portal over the Internet or other form of global communication network cannot be guaranteed. You must make your own determination as to such issues. You also agree to assume all responsibility for obtaining and paying for all licenses and costs for third party software and hardware necessary for access to the MCM Payment Portal. Use of certain information may require a compatible computer, internet access, and additional third party software and may also require patches, updates, and upgrades from time to time.

OTHER TERMS AND CONDITIONS. You acknowledge and agree that You are responsible for compliance with any third party payment processor’s terms and conditions and may be required to establish an account with a third party payment service provider in order to complete a payment transaction. You may also be required to abide by additional instructions from and to agree to further terms and conditions with MCM regarding payment, retrieving data, and receiving other services. If there is a conflict between this Agreement and such other or third party terms and conditions, this Agreement shall control as it relates to the subject matter of this Agreement.

ACCOUNT HANDLING POLICY. Registration as an Authorized User for access to certain areas of the MCM Payment Portal may require both a user I.D. and a password. Only one Authorized User can use one user I.D. and password and, thus, one account or unique download page. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of your user I.D. or password can gain entry to the MCM Payment Portal and to your account. Accordingly, by using the MCM Payment Portal, You agree to keep your user I.D. and password confidential (and to not disclose them to others). You also agree not to use another Authorized User’s user I.D., password or access page. You will immediately notify MCM if You become aware of any loss or theft of your password or any unauthorized use of your user I.D. or password. MCM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. With notice to You, MCM reserves the right to delete or change a user I.D. or password at any time and for any reason.

7 PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain areas of the MCM Payment Portal requires the submission, use, and dissemination of various personally identifiable information. Accordingly, if You wish to access and use those areas of the MCM Payment Portal, You acknowledge and agree that your use of the MCM Payment Portal will constitute acceptance of MCM’s personally identifiable information collection and use practices. Please see MCM’s Privacy Notice for a summary of MCM’s personally identifiable information collection and use practices.

PROPRIETARY RIGHTS. This Agreement provides only a limited license to use the MCM Payment Portal. Except as expressly provided herein, MCM does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, You expressly acknowledge and agree that MCM transfers no ownership or intellectual property interest or title in and to the MCM Payment Portal to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,”” and arrangement of any content contained on or available through the MCM Payment Portal, unless otherwise indicated, are owned, controlled, and licensed by MCM (or its licensors, affiliates, or subsidiaries) and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Unless otherwise noted, the MCM Payment Portal is Copyright © 2014 Midland Credit Management, Inc. All rights reserved. MCM (or its licensors, affiliates, or subsidiaries) also owns a copyright in the contents and look and feel of the MCM Payment Portal as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content and look and feel of the MCM Payment Portal. MIDLAND CREDIT MANAGEMENT, MIDLAND CREDIT MANAGEMENT Plus Logo Design, the MCM logo, and all other names, logos, and icons identifying MCM and its products and services are proprietary trademarks of MCM, and any use of such marks, including, without limitation, as domain names, without the express written permission of MCM is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.”

FEEDBACK.

MCM welcomes your feedback and suggestions about MCM’s products or services or with respect to how to improve the MCM Payment Portal. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to MCM, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to MCM and enable MCM to use such feedback. In addition, any feedback received through the MCM Payment Portal will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for MCM to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information or content, and You hereby waive any claim to the contrary.

10 MOBILE SERVICES. The MCM Payment Portal may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services””). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the MCM Payment Portal and its Mobile Services shall be in accordance with this Agreement.”

11 LINKS TO OTHER SITES. The MCM Payment Portal may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by MCM and are maintained by third parties over which MCM exercises no control. Accordingly, MCM expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Websites. Moreover, these links do not imply an endorsement with respect to any third party or any Website or the products or services provided by any third party.

12 DISCLAIMER. THE MCM PAYMENT PORTAL IS PROVIDED ON AN “AS-IS”” AND “”AS AVAILABLE”” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT THE MCM PAYMENT PORTAL DOES NOT WARRANT THAT THE MCM PAYMENT PORTAL WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED MANNER. YOU ACKNOWLEDGE THAT TECHNICAL PROBLEMS MAY DELAY, INTERUPT, OR PREVENT THE USE OF THE MCM PAYMENT PORTAL.”

13 LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT MCM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CLAIM, DAMAGE, OR LOSS RESULTING FROM A CAUSE BEYOND MCM’S CONTROL, INCLUDING, BUT NOT LIMITED TO, CONTRACTUAL RELATIONSHIPS WITH THIRD PARTIES, STORAGE OF DATA ON YOUR COMPUTER OR SYSTEM, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MCM ALSO ASSUMES NO RESPONSIBILITY FOR YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION OR FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT OR INFORMATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MCM WILL NOT BE LIABLE TO YOU, OR ANYONE CLAIMING UNDER OR THROUGH YOU, FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF BUSINESS, PROFITS, OR INFORMATION), REGARDLESS OF WHETHER MCM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF MCM FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL NOT EXCEED THAT AMOUNT PAID BY YOU TO MCM FOR USE OF THE MCM PAYMENT PORTAL WITHIN THE PRIOR TWELVE MONTHS OF THE DATE ON WHICH SUCH CLAIM IS MADE.

14 INDEMNITY. You agree to defend, indemnify, and hold harmless MCM and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorney’s fees and litigation expenses) relating to or arising from any breach by You of this Agreement.

15 GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of California, U.S.A. as applied to agreements entered into and completely performed in the State of California. You and MCM each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the federal or state courts in the State of California for any disputes between us under or arising out of this Agreement. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim You might have against MCM must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.

16 ENFORCING SECURITY. MCM reserves the right to view, monitor, and record activity on the MCM Payment Portal without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the MCM Payment Portal. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the MCM Payment Portal as well as to disclosures required by or under applicable law or related government agency actions. MCM will also comply with all court orders involving requests for such information. In addition to the foregoing, MCM reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the MCM Payment Portal, or any portion of the MCM Payment Portal, in order to protect the MCM Payment Portal, MCM, or MCM’s business. In such event, MCM shall be relieved of its obligations under the Agreement during the period of suspension and shall not be found to be in breach of the Agreement for such relief. You acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to MCM, such injury would not be quantifiable in monetary damages, and MCM would not have an adequate remedy at law. You therefore agree that MCM shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that MCM post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to MCM to enforce any provision of this Agreement.

17 TERM AND TERMINATION. This Agreement and your right to use the MCM Payment Portal will take effect (or take effect again) at the moment You install, access, or use the MCM Payment Portal and is effective until terminated as set forth below. This Agreement will terminate automatically if You fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You acknowledge and agree that MCM shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. Termination or expiration of this Agreement will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the MCM Payment Portal, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, You must destroy all copies of any aspect of the MCM Payment Portal in your possession. In addition to the “Miscellaneous”” provision, the provisions concerning restrictions, MCM’s proprietary rights, feedback, disclaimer of warranty, enforcing security, indemnity, and limitation of liability will survive the termination of this Agreement for any reason.”

18 MISCELLANEOUS. You agree that this Agreement is for the benefit of You and MCM as well as MCM’s licensors, affiliates, or subsidiaries. Accordingly, this Agreement is personal to You, and You may not assign your rights or obligations to any other person or entity without MCM’s prior written consent. Failure by MCM to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver by MCM of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this Agreement is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. You and MCM are independent contractors. No joint venture, partnership, employment, or agency relationship exists between You and MCM as result of this Agreement or your utilization of the MCM Payment Portal. Headings herein are for convenience only. This Agreement, along with MCM’s Privacy Policy, represents the entire agreement between You and MCM with respect to use of the MCM Payment Portal, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and MCM with respect to the MCM Payment Portal. Unless otherwise agreed to by MCM, please note that MCM reserves the right to change the terms and conditions of this Agreement at any time. Your continued use of the MCM Payment Portal will be conclusively deemed acceptance of any change to this Agreement or the MCM Payment Portal. If You have questions regarding the MCM Payment Portal or if You are interested in obtaining more information concerning MCM and its products or services, please contact MCM at (877) 240-2377. If you have questions regarding your account please contact Christi Weber at (877) 240-2377.

PAYMENT TERMS AND CONDITIONS

I AGREE TO THE TERMS AND CONDITIONS OF USING THE PAYMENT METHOD SELECTED, LISTED BELOW, AND AUTHORIZE MIDLAND CREDIT MANAGEMENT, INC. (OR ITS AGENT) TO PROCESS THE PAYMENTS MADE ONACCOUNTS.MIDLANDCREDITONLINE.COM.

PAYMENT DOES NOT ALTER THE 30 DAY PERIOD IN WHICH YOU HAVE THE RIGHT TO EXERCISE ALL RIGHTS NOTED IN THE ORIGINAL VALIDATION LETTER THAT WE PREVIOUSLY SENT YOU.

Welcome to the Payment Terms and Conditions (the “Terms and Conditions”) for use of the Online Payment Portal for Midland Credit Management, Inc., and its parent, subsidiaries and affiliates (hereinafter collectively “Midland”). The Terms and Conditions are applicable to all payments made on website and other Midland websites.https://accounts.midlandcreditonline.com/mcmpay/#/website and other Midland websites.

Please note that your use of‘https://www.midlandcreditonline.comand/oris also governed by our Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements contained on thewebsite and any other Midland websites, all of which (as changed over time) are incorporated into these Terms and Conditions.

If you choose to usehttps://www.midlandcreditonline.comwebsite to make a payment, you accept and agree to these Terms and Conditions.

SCOPE OF TERMS AND CONDITIONS.These Terms and Conditions cover your participation in the Online Payment Portal offered by Midland (the “Program””). In these Terms and Conditions, the words “”you”” and “”your”” refer to the user of the Midland website(s) and Online Payment Portal. The words “”we””, “”our”” and “”us”” refer to Midland (or its agents). The words “”bank account”” refers to the account held by a bank, securities firm or other financial institution from which payment will be made when you make transactions under the Program. The words “”your bank”” means the bank, securities firm or other financial institution that holds your account and/or issued your credit or debit card. Participating in the Program will enable you to pay your Midland account(s) online. Midland, in its sole discretion, may refuse this payment option service, and specific payment methods, to anyone or any user without notice for any reason at any time.”

PAYMENT AUTHORIZATION (INCLUDING AUTOMATIC PAYMENTS).To use the Program, including automatic payments (if eligible), you must designate a valid major credit card, debit card, check, or electronic check (“Payment Method””). Each time you initiate a transaction(s), you authorize us or our agent to draw a check or draft, initiate an automated clearing house (ACH) debit, and/or charge your Payment Method, in your name to the bank account you specify, payable to us or to our agent, in the amount of the transaction, on the date(s) specified (“”Billing Date””) of the month(s) of payment according to the schedule (one-time or recurring) that you have affirmatively elected to enroll in for your Midland account. Your transaction must be payable in U.S. dollars.”By paying using your designated Payment Method, you agree that: (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a “writing signed by you”” under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Terms and Conditions, (c) you authorize Midland (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, (d) you authorize Midland (or its agent) to initiate one or more drafts or ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and (e) you authorize the financial institution that holds your bank account to deduct such payments, debit your debit card, and/or charge your credit card, and to initiate any debit or credit entries to your bank account in the amount of such payments or corrections.”

CHARGES.

CURRENT INFORMATION. It is your responsibility to make sure that your Payment Method information and contact information are current at all times during the term of the Payment Plan.

PAYMENT PROCESSING FOR ONLINE PAYMENTS.With limited exceptions, payments made through the Program will be processed within 24 hours of receipt. Payments made through the Program at or before 2:00 pm PST will be credited to your account the same day. Payments made after 2:00 pm PST may be credited to your account the following business day. You are solely responsible for making payments sufficiently available prior to the due date, and you are solely responsible for actions taken on your account resulting from a late payment.

TURNING OFF AUTOMATIC PAYMENTS OR VOIDING YOUR PLAN.To cancel automatic payments on your payment plan, please contact us directly at the phone number at the bottom of the page. You may also void your plan by logging into your account located at accounts.midlandcreditonline.com., or by calling the same number. Such cancellation or termination shall be effective at the time of cancellation or termination. To cancel, change, or modify your payments or plan, please call or log-on at least three (3) Business Days before the Billing Date, unless otherwise permitted under applicable law, or your Payment may be debited and/or charged for the then due Payment. If you have entered into an agreement on a pending civil action regarding the underlying debt or a court has approved your payment plan and it, or the agreement itself, requires additional actions by either party in the event of your non-payment or default, then your cancellation of online automatic payments will be honored. However, this may not affect your legal rights or your obligations to pay as agreed. “Business Day” means Monday through Friday, excluding official U.S. government holidays and official Midland corporate holidays.

To Void your plan.

Online:

Click on “View Payment Plan”””
Click on “Void Plan”””

By Phone:

Call us at the phone number at the bottom of the page.

CUSTOMER SERVICE. Transactions that we process using your Payment Method, will be identified as “Midland Credit Management, Inc.” (or similar identifier) on the statement issued by your bank or other financial institution holding your account. All questions relating to any transactions made using your bank account by us should be initially directed to us. Save the payment confirmation that you are provided when you make a payment, and check them against your applicable account statement. You may contact us regarding any payments made using your bank account or other method by writing to us at 2365 Northside Drive, Suite 300, San Diego, CA 92108, or by phone at 1-877-420-0039. You may also view your transaction history for your payment at any time in the Account Details screen.

TRANSACTION ERRORS AND ADVISABILITY OF PROMPT REPORTING.If you believe that any payment transaction initiated by Midland (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible as provided in Section 7 of these Terms and Conditions. Notify us at once if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account to complete a payment using your Midland account without your permission. We reserve the right to cancel the ability to pay using the Program for any reason at any time. You also should contact your bank for the Payment Method.

OUR LIABILITY FOR IMPROPER TRANSACTIONS OR PAYMENTS. Federal law limits your liability for any fraudulent, erroneous unauthorized transaction from your bank account based on how quickly you report it to your financial institution. As general rule, you should report any fraudulent, erroneous or unauthorized transactions to your bank within 60 days after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability. We will not be liable to you in the following instances:

  • If, through no fault of ours, your account does not contain enough money to complete the transaction;
  • If the funds in your account are subject to legal process or other encumbrance restricting the transaction; or
  • If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.

10 DISCLOSURE OF PAYMENT INFORMATION TO THIRD PARTIES. To protect your privacy, we will not disclose any information about your online payments transactions to any person, except as follows:

  1. as necessary to complete transactions;
  2. to validate or verify the existence and condition any dispute involving payment, including with a third party, such as a financial institution or credit bureau (or, for Massachusetts residents, a consumer reporting agency as defined in chapter 93 of the Massachusetts General Laws);
  3. to comply with government agency or court orders;
  4. to our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;
  5. to persons authorized by law in the course of their official duties; or
  6. if you give us your written permission.

11 CONSENT TO ELECTRONIC COMMUNICATION:

TERMINATION:Midland, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. You may terminate your participation in the Program, but you must do so by writing to us at the address disclosed in the Section of these Terms and Conditions entitled “Customer Service.”” For automatic payments, see the section of these Terms and Conditions entitled “”Cancellation of Automatic Payments.”” If you close your account, you agree to notify us first and to stop initiating transactions, and pay all agreed upon payments.”

13 PRIOR AGREEMENTS AND ASSIGNMENTS:These Terms and Conditions terminate and take the place of all prior agreements you may have with us relating to the Program. We have the right to assign these Terms and Conditions to a subsidiary or affiliate company at any time.

14 NOTE FOR MASSACHUSETTS RESIDENTS

GENERAL DISCLOSURE STATEMENT: Any documentation provided to you which indicates that an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

The initiation by you of certain electronic funds transfers from your account will, except as otherwise provided in this Terms and Conditions, effectively eliminate your ability to stop payment of the transfer.

UNLESS OTHERWISE PROVIDED IN THIS TERMS AND CONDITIONS, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PAYMENTS UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: If you give us your written authorization to disclose information about you, your account or the transactions that you make to any person, that authorization shall be effective until we receive written notification from you to cancel such authorization, unless otherwise agreed or permitted by law, or as necessary under Section 10.

15 TERMS AND CONDITIONS CHANGES: We may in our discretion change these Terms and Conditions, Terms of Service and/or its Privacy Policy at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions.

YOUR CONTINUED USE OF YOUR BANK ACCOUNT AS A PAYMENT METHOD ON WWW.MIDLANDCREDITONLINE.COM AFTER WE CHANGE THESE TERMS AND CONDITIONS, TERMS OF USE AND/OR ITS PRIVACY NOTICE CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.

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*Please understand that this is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.