--- title: "Terms of service | Desert Rock Capital" url: "https://www.desertrockcapital.com/tos" description: "The terms governing use of the Desert Rock Capital website and services: eligibility, communications consent, arbitration, and Utah governing law." --- Legal # Terms of service. Last updated June 24, 2026 Contents - 01Acceptance of Terms - 02Eligibility - 03Website Use - 04Communications Consent and Authorization - 05Binding Arbitration - 06Class Action Waiver - 07Jury Trial Waiver - 08Governing Law and Jurisdiction - 09Intellectual Property - 10Disclaimer of Warranties - 11Limitation of Liability - 12Indemnification - 13Third-Party Links - 14Modifications to Terms - 15Severability - 16Entire Agreement - 17No Waiver - 18Assignment - 19Complaint Resolution - 20Contact Information - 21Loan Terms and Advertising Disclaimer - 22We Are the Lender - 23Consent to Electronic Records and Signatures - 24SMS / Text Messaging Program Terms - 25Automated and AI-Assisted Communications - 26Consent Is Not a Condition of Credit - 27Copyright Complaints (DMCA) - 28Equal Credit Opportunity - 29No Guarantee of Approval - 30Fair Collections - 31Accessibility - 32Force Majeure - 33Time Limit for Claims - 34Survival § 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. Our use of cookies and analytics on the Website, including Google Analytics and the cookie consent choices available to you (such as the "Cookie preferences" link in the Website footer), is described in the Privacy Policy. 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. Where Our Loans Are Available. Desert Rock Capital makes loans only to eligible residents of the State of Utah who are at least 18 years old, through our branch offices in Salt Lake City, Orem, and St. George. While our Website may be viewed from anywhere, applying does not create any obligation for us to lend outside Utah, and we do not offer loans to residents of other states. If you are not an eligible Utah resident, you may browse the Website for general information, but you will not be able to receive a loan from us. Military Service. Desert Rock Capital does not make loans to active-duty members of the armed forces, or to their spouses or dependents who are covered borrowers under the Military Lending Act. We ask about military service status to determine eligibility under this policy. If you are a covered borrower under the Military Lending Act, you will not be eligible for a loan from us. § 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 and all controversies, claims, alleged breaches or disputes arising out of or relating in any way to these Terms, the Website, or the services, including whether any controversy, claim, alleged breach or dispute is subject to arbitration, and including, without limitation, any and all claims that would otherwise be subject to class actions, shall upon the request of either party be subject to binding arbitration pursuant to the Commercial Arbitration Rules administered by the American Arbitration Association ("AAA"), under the AAA Consumer Rules in effect at the time the claim is filed ("AAA Rule"). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. § 6 ## Class Action Waiver Any claim must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY OF A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THIS AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTIONS IS AN INDEPENDENT AGREEMENT AND SHALL SURVIVE THE TERMINATION OF THESE TERMS AND YOUR USE OF THE WEBSITE AND SERVICES. If a court or arbitrator decides the Class Action Waiver above cannot be enforced as to a particular claim, then only that claim, and only the part that must proceed on a class or representative basis, will be decided in court rather than in arbitration, and it will be paused until any individual claims in arbitration are finished. The rest of the arbitration agreement stays in full effect for all other claims. Under no circumstance will class or representative claims be arbitrated, and nothing in these Terms will be read to require class or representative arbitration. If any other part of the arbitration, class action waiver, or jury trial waiver sections is found unenforceable, that part will be limited or removed only as much as needed, and the rest stays in effect. § 7 ## Jury Trial Waiver YOU HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THESE TERMS, THE WEBSITE, OR THE SERVICES, OR ANY ACTS OR OMISSIONS OF DESERT ROCK CAPITAL, INC., ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS IN CONNECTION THEREWITH. § 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. In addition, any dispute not subject to arbitration may be brought in the Utah state or federal court serving the county of our principal office or the county where you reside, as allowed by law. This does not waive any right you have under Utah law to have a matter heard where you live. § 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. To the fullest extent allowed by law, and in addition to the AS IS and AS AVAILABLE statement above, we disclaim all warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise that the Website will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that the Website or its servers are free of viruses or harmful components. We do not warrant that information on the Website is accurate, complete, or current, and the Website is for general information only and is not financial, legal, or tax advice. You understand that information sent over the internet, including email, chat, and form submissions, may be intercepted, lost, or accessed by others despite our reasonable security measures, and you accept that risk to the extent the law allows. Some warranties and protections cannot be disclaimed under applicable law, so some of these exclusions may not apply to you, and you may have other rights that vary by state. § 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. Some states and laws do not allow certain limits on liability or the exclusion of certain damages, so some or all of the limits in this Section may not apply to you. Nothing in this Section limits any liability that cannot be limited under applicable law, including liability for fraud, gross negligence, or willful misconduct, and nothing here limits or waives any right you have under consumer-protection laws that cannot be limited or waived, including rights under the Truth in Lending Act, the Equal Credit Opportunity Act, and applicable Utah law. If any part of this Section is found unenforceable, the rest stays in effect, and our liability is limited to the greatest extent the law allows. § 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. This means you will defend and reimburse Desert Rock Capital, its officers, directors, employees, agents, service providers, and affiliates for any claims, demands, losses, damages, liabilities, fines, costs, and reasonable attorney fees that arise from or relate to your use or misuse of the Website, your violation of these Terms or any law, your violation of the rights of any other person or entity, or any information you submit that is false or that you were not authorized to share. We may choose to control the defense and settlement of any matter you are required to indemnify, at your expense, and you agree to cooperate with us. This obligation continues after you stop using the Website, and it does not require you to indemnify us for our own fraud, gross negligence, or willful misconduct, or for anything the law does not allow. § 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. When we change these Terms, we will post the updated Terms on this page and update the "Last updated" date at the top. For changes that materially affect your rights, we will also take reasonable steps to let you know, such as posting a notice on the Website or, if you have an account or have given us your email, sending an email to the address we have for you. Material changes take effect the later of the date we post them or any date stated in the notice. If you do not agree to a change, your choice is to stop using the Website; changes to these Terms do not change your Loan Agreement, which can only be changed as that agreement allows. Changes to the arbitration agreement do not apply to any dispute for which a claim has already been filed. § 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. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any attempt to do so is void. These Terms bind and benefit the parties and their permitted successors and assigns. § 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 If we cannot resolve your complaint directly, you may contact our regulator. Desert Rock Capital, Inc. operates under a consumer credit notification with the Utah Department of Financial Institutions. You may contact the Utah Department of Financial Institutions at P.O. Box 146800, Salt Lake City, UT 84114-6800, by phone at 801-538-8830, or at dfi.utah.gov. You can also verify our registration and find consumer resources through NMLS Consumer Access at www.nmlsconsumeraccess.org by searching for Desert Rock Capital, Inc. or registration number 2645207. You may also contact the Consumer Financial Protection Bureau at consumerfinance.gov/complaint. § 20 ## Contact Information Desert Rock Capital, Inc. 168 North 100 East, Suite #250, St. George, UT 84770 Phone: 801-377-3333 Email: help@desertrockcapital.com Website: www.desertrockcapital.com § 21 ## Loan Terms and Advertising Disclaimer Information on this Website is general and for informational purposes only. It is not an offer or commitment to lend and does not state the actual cost of any loan. We do not publish annual percentage rates, finance charges, fees, or payment amounts on this Website. The specific annual percentage rate, finance charge, payment schedule, fixed biweekly payment amount, and all other terms that apply to your loan are disclosed to you in your Consumer Fixed Rate Note and Disclosure Statement, which is your Loan Agreement, before you sign. All loans are subject to our underwriting and approval criteria, and not all applicants will qualify. Loans are available only to eligible Utah residents who are at least 18 years old. Any examples shown on this Website are illustrations only and are not an offer of specific terms. § 22 ## We Are the Lender Desert Rock Capital is a licensed Utah consumer lender. When you apply with us, you are applying directly to the company that makes the loan, services it, and makes the credit decision. We are not a lead generator, a broker, or a marketplace. We do not sell, auction, or forward your application or your information to third-party lead generators, lead buyers, marketing networks, or other lenders so they can market their own loans or products to you, and we are not paid by other lenders for your information. The only loan you can receive through this Website is a loan from Desert Rock Capital. § 23 ## Consent to Electronic Records and Signatures You agree to do business with us electronically. You consent to receive these Terms, the Privacy Policy, your Loan Agreement, disclosures, notices, statements, and other records from us in electronic form, including by email, text message, and through this Website, and you agree that your electronic acceptance, electronic signature, click, or other electronic action has the same legal effect as a handwritten signature on paper. This consent is given under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Utah Uniform Electronic Transactions Act. To view and keep electronic records you need a device with internet access, a current web browser, the ability to view and save PDF files, a working email address, and enough storage to save or print what we send. You may withdraw your consent to electronic records for future communications, and you may ask for a paper copy of any record at no charge, by contacting us at help@desertrockcapital.com or 801-377-3333. Withdrawing consent or asking for paper copies will not change the legal effect of anything you already signed or agreed to electronically. Tell us right away if your email address changes. If our hardware or software requirements change in a way that could keep you from accessing or saving your records, we will tell you and let you confirm your consent again. If you receive a loan, the electronic-records terms in your Loan Agreement control your loan. § 24 ## SMS / Text Messaging Program Terms Program name: Desert Rock Capital alerts and servicing. By giving us your mobile number and agreeing to receive text messages, you consent to receive recurring automated text messages from Desert Rock Capital related to your application, your loan, account servicing, payment reminders and confirmations, account and servicing alerts, collections, and, if you separately opt in, promotional offers. Message frequency varies based on your account activity. Message and data rates may apply, and these are charged by your mobile carrier, not by us. To get help at any time, reply HELP or contact us at 801-377-3333 or help@desertrockcapital.com. To stop receiving text messages, reply STOP to any message and you will be unsubscribed; you may receive one final message confirming you have opted out. After you opt out of marketing, we may still send transactional or legally required servicing messages about an active loan where the law allows. Carriers are not liable for delayed or undelivered messages. Supported carriers may change without notice. Your consent to marketing text messages is not a condition of obtaining a loan or any service. We ask for your consent for our own messages only, and we do not obtain text consent through any other company on our behalf. Your mobile opt-in and consent information is not shared with third parties for their own marketing. By opting in you confirm you are the account holder or have the account holder's permission for the mobile number you provide, and you agree to these SMS terms, our Terms of Service, and our Privacy Policy. For how we handle text-message data, see our Privacy Policy. § 25 ## Automated and AI-Assisted Communications Some of our calls, text messages, and website chat are handled with the help of automated systems, including artificial-intelligence voice and chat tools that can answer questions, take information, and help schedule appointments. When you talk with one of these tools you are interacting with an automated system, not a live person, and you can ask to speak with a member of our team at any time by saying so or by calling 801-377-3333. We may monitor or record calls for quality, training, verification, and recordkeeping, and conversations may be transcribed and stored to run and improve our service, as described in our Privacy Policy. By providing your phone number and speaking with us, you consent to this monitoring and recording where permitted by law. If you prefer not to be contacted by automated or AI voice, tell us and we will note your preference; we may still need to reach you about your account by other means. § 26 ## Consent Is Not a Condition of Credit Your consent to receive marketing or promotional calls, text messages, or AI voice messages is never a condition of obtaining a loan, of applying for credit, or of purchasing any product or service from Desert Rock Capital. You can apply for and receive a loan whether or not you agree to marketing communications. You may decline marketing messages, or opt out at any time, and it will not affect your application, your loan, your account, or the rate or terms you receive. We may still send you non-marketing servicing and transactional messages about an account you hold with us, such as payment reminders and account alerts, because those relate directly to your loan. § 27 ## Copyright Complaints (DMCA) We respect the intellectual property rights of others. If you believe content on our Website infringes your copyright, you may send a written notice to our designated copyright agent under the Digital Millennium Copyright Act. Your notice must include: your physical or electronic signature; identification of the copyrighted work you say was infringed; identification of the material you say is infringing and where it is located on our Website; your name, address, telephone number, and email; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner. Send notices to: Desert Rock Capital, Inc., Attn: DMCA Copyright Agent, 168 North 100 East, Suite #250, St. George, UT 84770; or email help@desertrockcapital.com with "DMCA Notice" in the subject line. We may remove or disable access to material claimed to be infringing and may remove content from anyone who repeatedly infringes. Sending a false notice may make you liable for damages. § 28 ## Equal Credit Opportunity Desert Rock Capital is an equal credit opportunity lender. The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant's income comes from a public assistance program, or because the applicant has in good faith exercised a right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law for Desert Rock Capital is the Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552. If we take adverse action on your application, such as declining it, we will send you a notice, generally within 30 days of receiving your completed application, stating the specific reasons for the decision or telling you how to request those reasons, as required by law. We make credit decisions based on your application and our lending criteria, not on any prohibited basis. § 29 ## No Guarantee of Approval Applying does not guarantee that you will be approved for a loan or for any particular amount. Every application is subject to our underwriting and verification, and approval, loan amount, and terms depend on the information you provide and our lending criteria. Any message, prequalification, or invitation to apply is not a commitment to lend and is not a guarantee of credit. We aim to describe our loans plainly and honestly, and we do not promise results we cannot deliver. § 30 ## Fair Collections If your account becomes past due, we may contact you to arrange payment using the contact methods you agreed to. We are committed to treating you fairly and to communicating about your account in a respectful, lawful, and non-harassing way. You may tell us your preferred way to be contacted, and you may ask us, in writing, to stop contacting you in a particular way or at a particular time, and we will honor reasonable requests as the law allows while we continue to send legally required notices about your loan and service your account. If you dispute that you owe an amount, contact us at 801-377-3333 or help@desertrockcapital.com and we will review your account. If you have a complaint we cannot resolve, you may also contact the Utah Department of Financial Institutions at dfi.utah.gov and the Consumer Financial Protection Bureau at consumerfinance.gov. § 31 ## Accessibility Desert Rock Capital is committed to making this Website and our services accessible to people with disabilities. We work toward conformance with recognized accessibility standards, such as the Web Content Accessibility Guidelines, and keep improving over time. If you use assistive technology and have trouble using any part of this Website, or if you need information or help with a loan in a different format or through a different channel, contact us at 801-377-3333 or help@desertrockcapital.com and we will work with you to provide the information, application, or service you need. You can also visit any of our branch offices in Salt Lake City, Orem, or St. George for in-person help. § 32 ## Force Majeure We are not responsible for any delay or failure to perform our obligations under these Terms or to keep the Website available if the delay or failure is caused by events beyond our reasonable control. These events include acts of God, natural disasters, fire, flood, earthquake, severe weather, epidemic or pandemic, war, terrorism, civil unrest, government or regulatory action, court orders, changes in law, labor disputes, power or internet outages, failures of telecommunications or third-party service providers, cyberattacks, and other similar events. If such an event happens, our affected obligations are paused for as long as the event continues, and we will make reasonable efforts to limit the effect. This applies to Website and service availability only. It does not change, pause, or excuse your obligation to repay any loan, which is governed by your Loan Agreement. § 33 ## Time Limit for Claims To the fullest extent permitted by law, any claim or dispute you have arising out of or relating to the Website or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred. This time limit does not apply where the law does not allow it to be shortened, and it does not shorten any longer period required by Utah consumer-lending law, by other applicable law, or by your Loan Agreement, which controls the time limits for claims about your loan. This does not apply to the time limits set by the rules of the arbitration administrator for arbitration claims. § 34 ## Survival The provisions of these Terms that by their nature should continue after you stop using the Website will continue to apply. These include the sections on Binding Arbitration, the Class Action Waiver, the Jury Trial Waiver, Governing Law and Jurisdiction, Disclaimer of Warranties, Limitation of Liability, Indemnification, the Time Limit for Claims, Consent to Electronic Records and Signatures, Intellectual Property, Entire Agreement, Severability, and No Waiver.