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Terms of Service

Last updated February 16, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website located at www.desertrockcapital.com (the “Website”) and all related services provided by Desert Rock Capital, Inc. (“Desert Rock Capital,” “Company,” “we,” “us,” or “our”), a Utah-licensed consumer lender.

By accessing or using the Website, submitting a loan application, or receiving any services from Desert Rock Capital, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Website or our services.

If you receive a loan from us, the specific terms of your loan are governed by your Consumer Fixed Rate Note and Disclosure Statement (“Loan Agreement”). In case of conflict, the Loan Agreement controls.

2. Eligibility

To use our Website and services, you must be at least eighteen (18) years of age, a legal resident of the United States, and capable of forming a binding contract under applicable law.

By using the Website or submitting a loan application, you represent and warrant that you meet these eligibility requirements.

3. Website Use

3.1 Permitted Use

You may use the Website solely for lawful purposes related to accessing information, submitting applications, managing accounts, and making payments.

You agree not to:

  • Use the Website for unlawful purposes
  • Attempt unauthorized access to systems or databases
  • Use bots, scrapers, or automated tools
  • Transmit malicious software
  • Impersonate another person or entity
  • Disrupt website operations
  • Circumvent security features

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and all activities under your account.

Notify us immediately at help@desertrockcapital.com of unauthorized access.

3.3 Accuracy of Information

You agree that all information you provide is true, accurate, and complete. Providing false information may result in denial of services or legal consequences.

4. Communications Consent and Authorization

Desert Rock Capital may contact you by phone, SMS, email, AI voice calls, or mail using the contact information you provide.

Types of communications include:

  • Account servicing communications
  • Collections communications
  • Marketing communications (if consent provided)
  • Legal notices and service communications

Consent is obtained in compliance with the Telephone Consumer Protection Act (TCPA) and applicable regulations.

5. Binding Arbitration

Any disputes arising out of these Terms, the Website, or services shall be resolved through binding arbitration rather than court litigation.

Arbitration shall be governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA).

The arbitrator’s decision shall be final, binding, and enforceable.

6. Class Action Waiver

You agree that all claims shall be brought only in your individual capacity and not as part of a class action.

The arbitrator may not consolidate claims or conduct class proceedings.

7. Jury Trial Waiver

You knowingly and voluntarily waive the right to a trial by jury for any claims arising under these Terms.

8. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Utah.

Any disputes not subject to arbitration shall be resolved in Utah County, Utah.

9. Intellectual Property

All content on the Website is owned by Desert Rock Capital and protected by intellectual property laws.

You may not copy, modify, distribute, or use content without permission.

10. Disclaimer of Warranties

The Website is provided on an 'AS IS' and 'AS AVAILABLE' basis without warranties of any kind.

11. Limitation of Liability

Desert Rock Capital shall not be liable for indirect, incidental, or consequential damages.

Total liability shall not exceed $100 unless otherwise required by law.

12. Indemnification

You agree to indemnify and hold Desert Rock Capital harmless from claims arising from your use of the Website or violation of these Terms.

13. Third-Party Links

We are not responsible for third-party websites linked from our Website.

14. Modifications to Terms

We reserve the right to modify these Terms at any time.

Continued use of the Website constitutes acceptance of updated Terms.

15. Severability

If any provision is found unenforceable, remaining provisions remain valid.

16. Entire Agreement

These Terms, Privacy Policy, and Loan Agreement constitute the entire agreement.

17. No Waiver

Failure to enforce rights does not constitute waiver.

18. Assignment

Desert Rock Capital may assign these Terms without restriction.

19. Complaint Resolution

If you have complaints:

  • Contact customer service at (801) 377-3333
  • Email help@desertrockcapital.com
  • Submit written complaint if unresolved
  • File complaint with regulatory authorities if needed

20. Contact Information

Desert Rock Capital, Inc.

168 N 100 E #250, St. George, UT 84770

Phone: (801) 377-3333

Email: help@desertrockcapital.com

Website: www.desertrockcapital.com