The service on this website is being presented to you by ONLINELOANNETWORK.COM (referred to in this Agreement as "site," "we," "us" or "our"). Access to and use of this site is provided subject to the following terms of use.
AGREEMENT
These Terms of Use (the "Agreement") constitute a legally binding agreement by and between us and you concerning your use of this site and the services available through the site (the "Services"). By using the site and Services, you represent and warrant that you have read and understand, and agree to be bound by, this Agreement and our
Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES YOU TO ARBITRATE INDIVIDUALLY ANY DISPUTES OR CLAIMS YOU MAY HAVE WITH US AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR MULTI-ARBITRATION. DETAILS ARE SET FORTH BELOW.
NOT A LENDER
We are a lead generator. Certain important disclosures about lead generation are
here. Your use of this Website and its Services is conditioned upon your having read these disclosures. This site does not constitute an offer or solicitation to lend. We are NOT A LENDER, do not make loan or credit decisions, and do not broker loans. The operator of this Website is not an agent, representative or broker of any lender and does not endorse or charge you for any service or product.
LOAN CONNECTING SERVICE
Our loan connecting service aims to connect consumers with lead purchasers as defined in
Certain Disclosures About Lead Generation. To use the Service, you must complete one or more online forms that request specific information from you, including, but not limited to, your name, address, telephone number, email address, social security number, banking account information and employment information. By doing so, you are not applying to us for credit.
Once you submit your request form(s) online, we will share your information with one or more participating lead purchasers and we will store your information for compliance purposes and in order to retrieve your previously entered information if you return to our Services. Lead purchasers who receive your information from us may review your information to determine whether your information meets their minimum loan qualification criteria. Lead purchasers may, among other things, verify your social security number, obtain employment data, perform a credit check, and review your information against national databases (such as Microbilt, Transunion, Experian, or Equifax) that track consumer transactions with lending institutions and other credit-related data. Additionally, we may also verify your information (such as email address and mailing address), we may correct common misspellings and typographical errors, and we may fix incorrectly entered data. Notwithstanding the foregoing, we are not responsible or liable for checking the accuracy of any information you provide. By submitting the request form(s), you agree to allow lead purchasers and us to obtain, review, verify and research your information.
We do not guarantee that any of the lenders or lead purchasers with whom we share your information will contact you or agree to provide you with a loan. If a lead purchaser determines that the information you submitted meets its loan qualification criteria, we will open a new web page belonging to the lead purchaser, or redirect your browser to the lead purchaser's web site. You understand and agree that, once you have been redirected to the lead purchaser's web site, we have no further involvement in the loan request or approval process. Your subsequent interactions with the lead purchaser are subject to the privacy policy, terms of use, and other policies and/or terms enforced by that lead purchaser. We are not responsible for any decisions or actions taken by you based on your use of the Services.
LOAN AMOUNTS
Loan amounts will vary. Not all lenders can provide loan amounts up to $1,000, $2,500, $5,000, or $50,000. Fund transfer times may vary between lenders; and in some circumstances faxing may be required. Completion of this online form in no way guarantees that you will be approved for a loan offer.
Additionally, if you are seeking a particular form of credit for which you do not qualify, you may receive solicitations for a form of credit that you are not seeking. The terms of the credit offered may be inferior to those you were originally seeking. You do not have to accept or respond to these solicitations.
CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES ("E-Consent")
Please read this information carefully and print a copy and/or retain this information for future reference.
Introduction. You are submitting a request to be connected with third-party lenders. In order to offer you a loan, the third party lenders need your consent to use and accept electronic signatures, records, and disclosures ("E-Consent"). We also require your E-Consent to enter into this Agreement with you. This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions, including this Agreement, using electronic signatures, electronic disclosures, electronic records, and electronic contract documents ("Disclosures").
Option for Paper or Non-Electronic Records. You may request any Disclosures in paper copy by contacting the third party lender directly. The lenders will provide paper copies at no charge. The lenders will retain all Disclosures as applicable law requires.
Scope of Consent. This E-Consent applies to all interactions online concerning you and us and/or the third-party lender or Service Provider, and includes those interactions engaged in on any mobile device, including phones, smartphones and tablets. By exercising this E-Consent, we and the third-party Service Provider may process your information and interact with you electronically. We and the Service Provider may also send you notices electronically related to interactions and transactions. Disclosures may be provided online at our or third-party Service Provider's websites, and Disclosures may be provided by e-mail.
Consenting to Do Business Electronically. Before you decide to do business electronically with us or the third-party Service Providers, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Mozilla Firefox® or Google Chrome®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer's disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements directly to us or the third-party lenders as appropriate.
Withdrawing Consent. Your E-Consent for our lender connection service and for third-party Service Providers' consideration of your loan request cannot be withdrawn because it is a one-time transaction. If you are connected with one or more third-party Service Providers, you are free to withdraw your E-Consent with those third-party Service Providers at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining credit from the lender. Contact the third-party Service Provider directly if you wish to withdraw this E-Consent. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.
Changes to Your Contact Information. You should keep third-party Service Providers informed of any change in your electronic address or mailing address. You may generally update such information by logging into the third party Service Provider's website or by sending the Service Provider a written update by mail.
YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING THE LINK WE PROVIDE, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.
CONSENT. BY CLICKING THE LINK WE PROVIDE, YOU ASSENT TO THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE SERVICE PROVIDER ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING, THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR TO CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM US OR THIRD-PARTY SERVICE PROVIDERS OVER THE INTERNET.
CHANGES TO AGREEMENT AND PRIVACY POLICY
WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless we obtain your express consent, any revised Privacy Policy will apply only to information collected by us after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policy.
ELIGIBILITY
This Service may not be available to residents of every state. We do not seek to do business with residents of New York. BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A RESIDENT OF THE UNITED STATES (BUT NOT A RESIDENT OF NEW YORK), AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
LICENSE
Subject to your compliance with the terms and conditions of this Agreement, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the site and Services. All rights, title, and interest in and to the Service not expressly granted in this Agreement are reserved by us. THE SITE AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE (EXCEPT AS EXPRESSLY SET FORTH HEREIN). The site, or any portion of the site, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed without our express written consent. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of ours or of any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.
USER INFORMATION
In connection with your use of the Services, you are required to complete a form. You represent and warrant that all user information you provide on the form or otherwise in connection with your use of the site and Services will be current, complete and accurate.
RELATIONSHIP AND OBLIGATION OF THE PARTIES
You acknowledge and agree that, in providing our Services to you, we are not acting as your agent or the agent of any Service Provider. We do not make any decisions regarding the products or services offered by the Service Providers, nor do we recommend or endorse any such products or services. We act solely as a paid marketing lead generator. You acknowledge and agree that you and Service Providers ("Service Providers") enter into contracts directly with each other to obtain or provide certain financial products or services. We are not a party to any contract between you and Service Providers and we are not involved in contracting between you and Service Providers. Your ability to secure a loan or consummate any transaction with any Service Provider is solely a matter to be resolved between you and such Service Provider. All rights and obligations for the products or services is solely between you and the Service Providers. WE HAVE NO CONTROL OVER AND DO NOT REPRESENT, WARRANT, OR GUARANTEE THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR OFFERED LOANS, THE ABILITY OF LENDERS TO DELIVER THE LOANS, YOUR ABILITY TO REPAY THE LOANS, OR THAT YOU OR LENDER WILL ENTER A BORROWER-LENDER RELATIONSHIP. You and Lender must look solely to the other for the enforcement and performance of all of your and their respective rights and obligations for the loans, and any other terms, conditions, representations, or warranties associated with such dealings. We are not liable or responsible for any Service Provider's acts or omissions, or for an agreement or transaction between you and any Service Provider.
EMAIL CONSENT
By completing a loan request form through the site, you consent to receive certain administrative email communications from us and our marketing partners and lead purchasers. You also consent to receive periodic online and offline marketing communications from us, our lead purchasers, and our marketing partners. You may opt out of receiving marketing communications at any time by clicking the unsubscribe link and following the opt-out instructions.
CONSENT TO RECEIVE SMS AND OTHER COMMUNICATIONS FROM LENDERS AND OTHERS
By registering with the site, you will be offered an opportunity to grant your prior express written consent to receive communications, including by mail, email, SMS and telephone, from Lenders and marketing partners. You agree (and your assent to those terms constitutes your express written consent) to be contacted by Lenders and marketing partners at the telephone number you have provided, to explore Personal Loan and other offers, including contact through automatic dialing systems, artificial or pre-recorded voice messaging, or single or recurring text messages. The Lenders and marketing partners by whom you consent to be contacted include, without limitation, the nonaffiliate
parties listed at this link. Standard message and data rates may apply to text message communications. You may also choose not to receive contact by other Lenders and marketing partners by not granting such consent at the time of your loan request submission. Messages may be delayed or undelivered for various factors. Lenders, carriers and any service providers utilized by Lenders to send messages are not liable for delayed or undelivered messages. With respect to our nonaffiliate marketing partner DollarConnect, you may sign up for an SMS alert to receive a one-time message with a secure link to your loan request form, or you can sign up for SMS offer reminders and receive recurring monthly messages. To opt out of DollarConnect SMS messages at any time, text the word STOP to 89810. For DollarConnect help, text the word HELP to 89810. For additional DollarConnect support, email SMSAlerts@DollarConnect.com, Based on program opt-in, you will receive a one-time text message or recurring monthly messages. This service is available on all supported U.S. carriers.
THIRD-PARTY WEBSITES
The site may be linked with the websites of third parties ("Third-Party Websites"). We do not have control over the content and performance of Third-Party Websites. WE HAVE NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, WE DO NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. WE DISCLAIM, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
PROHIBITED USES
We impose certain restrictions on your use of the site and the Services. you represent and warrant that you will not, without limitation:
(a) violate or attempt to violate any security features of the site or Services;
(b) copy or otherwise duplicate, directly or indirectly, any portion of the site, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, "Content"), except that you may retain a copy of this Agreement, or Privacy Policy and any other Documents;
(c) use any software that enables copying or duplication of Content for later off-line viewing, except that you may retain a copy of this Agreement, or Privacy Policy and any other Documents;
(d) distribute, display, modify, transmit, resell, reuse, or repost Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without our prior written permission;
(e) provide false, misleading or inaccurate information to us or any Service Provider;
(f) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
(g) harvest or otherwise collect information about our users, including email addresses and phone numbers;
(h) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the site for any use, including without limitation use on third-party websites;
(i) access content or data not intended for you, or log onto a server or account that you are not authorized to access;
(j) attempt to probe, scan, or test the vulnerability of the Services, the site, or any associated system or network, or breach security or authentication measures without proper authorization;
(k) interfere or attempt to interfere with the use of the site or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
(l) use the site or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services;
(m) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the site or Services; or
(n) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by this site in providing the site or Services. Any violation of this section may subject you to civil and/or criminal liability.
DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
WE HEREBY DISCLAIM ALL WARRANTIES. THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD US OR OUR LENDERS, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
OUR LIABILITY IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF OR SOUND IN BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) LOAN REQUEST FORM
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN YOU AND US. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, you agree to defend, indemnify us and hold us harmless (and our officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors and assigns [collectively, the "Indemnified Parties"]) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and attorneys' fees, arising out of or relating to: (i) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the Website or Services in breach of this Agreement; (iii) your provision to us or any of the Indemnified Parties of information or other data, except as contemplated hereby; or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
GOVERNING LAW; JURISDICTION AND VENUE
The site, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Las Vegas, Nevada and shall be governed by and construed in accordance with the substansive laws of the State of Nevada without regard to its conflict of law principles. ANY CAUSE OF ACTION OR CLAIM BY YOU ARISING OUT OF OR RELATING TO THE SITE, SERVICES OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS ("ARBITRATION AGREEMENT"). PLEASE READ THIS SECTION CAREFULLY – THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (HEREINAFTER "CLASS ACTION"). ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OR TO FILE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSIONS BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.
You and we agree that any "Dispute", of any nature whatsoever, between you and us (including any claim against any of the Indemnified Parties) arising out of or relating to the site, Services, or this Agreement, and including any statutory claims (such as under the Truth in Lending Act or the Telephone Consumer Protection Act), shall be decided by arbitration in accordance with the Commercial Rules then obtaining of the American Arbitration Association (AAA) in Las Vegas, Nevada (unless you and we mutually agree to a different forum or arbitrator). “Dispute” also includes, without limitation, claims that you bring against our employees, agents, affiliates, or other representatives. “Dispute” will be given the broadest possible meaning permitted by law and shall include, but is not limited to, claims that in any way relate to or rise out of any aspect of the relationship between you and us, whether based on contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory. The arbitrator shall decide all issues except those relating to the scope, validity, and enforceability of the Arbitration Agreement or an issue arising from or relating to the arbitrarily of any Disputes. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator may award costs (including, without limitation, AAA administrative fees, arbitrator compensation and reasonable attorneys' fees) to the prevailing party. All disputes, including any representative claims, against us and/or our related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO: (a) CONDUCT ANY ARBITRATION WHICH IS PRECLUDED BY THE PRECEDING SENTENCE or (b) CONSOLIDATE THE CLAIMS OF MORE THAN ONE CLAIMANT WITHOUT THE CONSENT OF ALL PARTIES.
NOTICES
All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice to you by email sent to your most recent email address, if any, provided to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY US OF AN EMAIL TO THAT ADDRESS. You shall give any notice to us by means of email to: . Notice to us shall be effective upon receipt.
GENERAL
This Agreement (together with any language accompanying an "I agree" button or other means of assent to this Agreement) constitutes the entire agreement between you and us concerning your use of the site and Services. This Agreement may only be modified by a written amendment signed by our authorized executive or by the unilateral amendment of this Agreement by us and by the posting by us of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without our prior written consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except as and to the extent set forth herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
