LAST UPDATED: February 10, 2023
For purposes of these Terms, “you” or “your” means the person(s) using this Site or the services offered through this Site. “We” or “us” includes Great LLC, its service providers, clients and affiliated companies.
SECTION 25 OF THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS. UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site or our services.
You represent that you have the capacity to be bound by these Terms, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
TABLE OF CONTENTS
- MODIFICATION OF THESE TERMS
- IMPORTANT PRELIMINARY DISCLOSURES AND POLICIES
- HOW OUR LOAN REQUEST SERVICE WORKS
- WE ARE NOT A LENDER AND DON’T MAKE CREDIT DECISIONS
- NO GUARANTEE OF LOAN OR CREDIT
- YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS
- LENDERS WILL CHECK YOUR CREDIT
- YOU CONSENT TO RECEIVE OFFERS, QUOTES & ADVERTISEMENTS
- SMS TERMS AND CONDITIONS
- WE SAVE YOUR INFORMATION TO MAKE ADDITIONAL LOAN REQUESTS EASIER
- YOU CONSENT TO ELECTRONIC COMMUNICATIONS
- DISCLOSURE OF THIRD PARTIES WHO MAY CONTACT YOU OR MAY RECEIVE YOUR DATA
- LENDERS MAY NEED TO VERIFY YOUR INCOME
- IMPORTANT INFORMATION ABOUT TRIBAL LENDING ENTERPRISES
- LINKS TO THIRD PARTY SITES
- OUR INTELLECTUAL PROPERTY RIGHTS
- ACCESS AND INTERFERENCE
- ADDITIONAL REQUIREMENTS
- OUR EMAIL PRACTICES
- WE ARE UNITED STATES OWNED AND OPERATED
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- YOUR INDEMNIFICATION OF US
- OUR REMEDIES
- ARBITRATION & CLASS ACTION WAIVER
- CLAIMS OF COPYRIGHT INFRINGEMENT
- OUR CONTACT INFORMATION
- QUESTIONS, COMMENTS, CONCERNS AND FEEDBACK
TERMS AND CONDITIONS
1. MODIFICATION OF THESE TERMS
We reserve the right to modify these Terms from time to time. Your use of the Site or our services after such a modification will constitute your acceptance of those changes. We may notify you of any such changes by any reasonable means, including by posting the revised version of these Terms to the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” date above.
2. IMPORTANT PRELIMINARY DISCLOSURES AND POLICIES
As described in more detail in our Ad Disclosure, we receive financial compensation from various lenders, third-party lender networks, other consumer financial service providers and other marketers in exchange for connecting you with them, sharing your information with them and/or marketing their products and services to you. This compensation allows us to offer our services for free to you and generate revenue for our business. This compensation may impact which providers you are connected with and the placement of ads. You are likely to be connected with the highest bidder(s) or see ads for the highest bidder(s).
3. HOW OUR LOAN REQUEST SERVICE WORKS
Our loan request service (“Loan Request Service”) acts as an online marketplace that allows you to request a loan (“Loan Request”) and attempts to connect you with prospective lenders or other creditors (“Lenders”) that may offer you a loan or other form of credit (together, “Loan”) or invite you to apply for a Loan. These Lenders may participate in our direct network of lenders or participate in other third-party lender networks we work with (together with Lenders, “Lending Clients”).
To use our Loan Request Service, you must complete an online loan request form (“Loan Request Form”) that asks for certain information about you and your Loan Request. You agree that all information you provide to us is true, accurate and complete and that you will not misrepresent your identity, impersonate any third party or enter information on behalf of any third party.
If no Lenders accept your loan request, we may present you with an offer to submit another Loan Request or an offer for a different product. We reserve the right at any time after submission of your Loan Request Form to accept or decline your Loan Request for any reason in our sole discretion.
Depending on the information you submit in your Loan Request Form, we may market other consumer financial products and services (“Financial Services”) from other financial service providers (“Financial Providers”) to you and/or share your information with them or marketers so they can market Loans or Financial Services to you.
If a Lender chooses to respond to your Loan Request and/or you otherwise express interest in a Lender (eg. by clicking on an advertisement), your browser will be redirected to their website and they will likely also reach out to you by email, phone and/or SMS about your Loan Request.
4. WE ARE NOT A LENDER AND DON’T MAKE CREDIT DECISIONS
We act solely as a paid marketing company. We are not a lender, creditor or broker and do not make any credit decisions. We are not involved in any credit transaction you may enter into with a Lender. All credit decisions are made by the Lender.
Our Loan Request Form is not an application for credit or a request for Loan pre-qualification. It is an inquiry to be connected with Lenders and to receive offers for related Financial Services.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF ANY LENDER CLIENTS, FINANCIAL PROVIDERS OR OTHER THIRD PARTIES.
5. NO GUARANTEE OF LOAN OR CREDIT
You acknowledge and agree that we cannot and do not guarantee that a Lender will offer you a Loan or a Loan with any specific terms. We do not guarantee that any Loan offer you receive includes the best terms or lowest rates available in the market.
6. YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS
We are not affiliated with any Lenders or Financial Providers and do not endorse any specific Lenders or Financial Providers. We are not your agent, nor are we the agent of any Lenders or Financial Providers with respect to your request.
Our Loan Request Service is not designed to find you the best Loan terms. It is designed to find a Lender that is willing to offer you a loan. Any offer you receive may not be the best offer available to you. Lenders’ and Financial Providers’ offers may be subject to market conditions, approval and qualification.
We do not guarantee that we validate or investigate the licensing, certification or other requirements and qualifications of any Lenders or Financial Providers. You acknowledge and agree that it is your responsibility to investigate any such parties.
We urge you to carefully review the terms of any Loan offers or Financial Service offers you may receive and compare all options available to you before agreeing to any specific terms. We further urge you to obtain the advice of qualified financial advisors or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. Any information we provide you is not a substitution for qualified professional advice, should not be construed as the provision of advice or recommendations and should not be relied upon as the basis for any financial decision. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any Loans or Financial Services.
You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Lenders’ or Financial Provider’s products or services, including any fees that may be charged by them.
7. LENDERS WILL CHECK YOUR CREDIT
You understand and agree that by using the Loan Request Service you authorize the Lenders that review your Loan Request (and their service providers) under the Fair Credit Reporting Act (“FCRA”) to obtain credit report and credit score from a credit reporting agency in order to verify your identity, choose whether to offer you a Loan and/or as otherwise permitted under the FCRA.
These credit checks may be a “hard” credit inquiry that leaves a record on your credit report and may affect your credit score or could be a “soft” inquiry which that will not affect your credit score. These credit checks may be performed through the “big three” credit reporting agencies, TransUnion, Equifax, or Experian, or through other alternative credit reporting agencies or data aggregators (such as Microbilt, Teletrack, DP Bureau, or DataX) that track consumer transactions with lending institutions.
Although Lenders may obtain your credit report, we do not do so and we have no involvement in that action by a Lender.
Lenders that check your credit may be required under the FCRA to provide you with certain notices relating to the credit check. You acknowledge and agree that we have no involvement with such notices.
You can learn more in our Credit Authorization Agreement, which you agree to when you use our Loan Request Service.
8. YOU CONSENT TO RECEIVE OFFERS, QUOTES & ADVERTISEMENTS
BY USING OUR LOAN REQUEST SERVICE, YOU EXPRESSLY CONSENT TO US, LENDERS AND FINANCIAL PROVIDERS CONTACTING YOU DIRECTLY WITH OFFERS, QUOTES OR ADVERTISEMENTS VIA MAIL, TELEPHONE, TEXT MESSAGE, FAX, EMAIL, AND OTHER MEANS OF COMMUNICATION. YOU WILL VERY LIKLEY RECEIVE TELEMARKETING CALLS AND/OR TEXTS AS A CONSEQUENCE OF USING OUR LOAN REQUEST SERVICE. THIS IS THE CASE EVEN IF YOU ARE ON THE NATIONAL DO NOT CALL REGISTRY OR ANY OTHER DO NOT CALL REGISTRY. CONSENT IS NOT REQUIRED IN ORDER TO PURCHASE GOODS AND SERVICES FROM US, LENDERS OR ANY FINANCIAL PROVIDERS.
YOU ACKNOWLEDGE AND AGREE THAT BY USING OUR LOAN REQUEST SERVICE, YOU HAVE ESTABLISHED A BUSINES RELATIONSHIP WITH US.
If at any time you do not wish to continue to receive communications from us, you may opt out my emailing us at email@example.com.
You acknowledge and agree that, except as provided for under applicable law, if you wish to discontinue communications from any Lenders, Financial Providers or other third-parties, you must contact them directly.
9. SMS TERMS AND CONDITIONS
If a Lender or other Financial Provider responds to your Loan Request, you may receive an SMS from us, the Lender or a service provider that links you to the Lender’s website or your application with the Lender.
You may also receive other SMS messages from us, Lenders or Financial Providers in response to your Loan Request or your other expression of interest in Loans or Financial Services.
You may also receive subsequent “follow up” SMS messages or future offers in response to your initial request or expression of interest.
By using our Loan Request Service, you expressly consent to receiving such messages. You further acknowledge and agree that such messages are in response to your Loan Request or your other expression of interest in Loans or Financial Services.
You acknowledge and agree that message and/or data rates from your carrier may apply. Under no circumstances will we be responsible or liable for fees that your carrier or other third parties may charge you for use of this service. Messages may be delayed or undelivered for various reasons. Neither we, nor your carrier, are not liable for delayed or undelivered messages.
10. WE SAVE YOUR INFORMATION TO MAKE ADDITIONAL LOAN REQUESTS EASIER
When you use our Loan Request Service, you expressly agree that we can save your information to allow you to more easily submit Loan Request Forms in the future – both on this Site and on other websites in our network. You can opt-out of this service by requesting that we delete your loan request information. You can do this by emailing us at firstname.lastname@example.org.
11. YOU CONSENT TO ELECTRONIC COMMUNICATIONS
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using our Loan Request Service, you agree to the terms and conditions of our E-Consent page, which provides your consent for lenders and other credit providers to provide you with certain communications, notices, disclosures, information and other materials electronically.
12. DISCLOSURE OF THIRD PARTIES WHO MAY CONTACT YOU OR MAY RECEIVE YOUR DATA
13. LENDERS MAY NEED TO VERIFY YOUR INCOME
Our Loan Request Service may require you to submit information about your income. We do not independently verify the information you provide us about your income on our Loan Request Form. However, this information will be passed on to our Lending Clients to help find a Lender willing to invite you to apply for a Loan. You acknowledge and agree that some Lenders may require that you be able to verify your income before they offer you a Loan or make you a Loan. They may do this through various means, including by requesting proof of income – such as copies of pay stubs or bank statements.
You may, but are not required to, disclose alimony, child support or separate maintenance income on your Loan Request Form.
14. IMPORTANT INFORMATION ABOUT TRIBAL LENDING ENTERPRISES
As used in this section, “TLE” means a Lender that is owned and operated by a federally-recognized Native American tribal government. TLEs may claim exemptions from state licensing and usury caps based on tribal immunity or bank preemption.
You acknowledge and agree that your Loan Request may be accepted by a TLE. You acknowledge and agree that the rates and fees offered by TLEs may be higher than those offered by bank Lenders or state-licensed Lenders. If you accept a loan from a TLE, you may be required to agree to resolve any disputes in a tribal jurisdiction.
15. LINKS TO THIRD PARTY SITES
We may provide links to external websites or resources for your convenience and reference only. We do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You expressly waive any claim against us arising out of your use of external websites or resources.
16. OUR INTELLECTUAL PROPERTY RIGHTS
The trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this site are protected intellectual properties (“IP”) owned by us, our licensees, or other third parties who have authorized such use on the Site. Your use of the Site does not transfer to you any ownership or other rights in the IP, all of which are reserved by us or their respective owners. You may download the content displayed on the Site for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Site. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the IP for commercial or public purposes.
17. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Site or any of the services thereon for any purpose, without our prior written permission.
Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (c) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, (d) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site, (e) except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site, (f) frame or mirror any part of the Site without our express prior written consent, or (g) create a database by systematically downloading and storing all or any Site content.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on our Site, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
18. ADDITIONAL REQUIREMENTS
In order to use the Site or any of its services, you must be at least 18 years of age.
Further, you agree and acknowledge that: (a) you will not use the Site for any illegal or unauthorized purpose, or to violate our rights or the rights of any third-party, (b) your use of the Site will comply with all applicable laws, rules and regulations, and (c) you are solely responsible for your conduct and any information you submit on the Site or communicate to us.
19. OUR EMAIL PRACTICES
We understand the importance of protecting consumers’ personal information and the proper use of their personal information. It is our policy to not send unsolicited e-mails to consumers and we hope the following information will eliminate any concerns that you or any third-parties may have regarding our email practices.
We and our affiliated sites only use an opt-in or opt-out method of obtaining consumer information for marketing communications. All personal information from consumers is obtained voluntarily from the consumer. If we obtain personal information from third parties, we require them to do the same.
All e-mail communications sent by us to consumers include information about the origin of the e-mail and include easily identifiable instructions on how consumers can unsubscribe from receiving future e-mail messages from us. Below is an example of e-mail communications sent by us to subscribers.
This e-mail is not sent unsolicited. This is a BadCreditLoans.com emailing. Offers are sent to subscribers ONLY.
To be removed from our list, click here.
We hope this information satisfies any questions or concerns you or any ISP may have regarding our e-mail practices. If you have additional questions or wish to discuss the matter further, please contact us by email at email@example.com.
20. WE ARE UNITED STATES OWNED AND OPERATED
The Site is controlled and/or operated from the United States and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in these Terms. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes or other rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY SERVICES ON THE SITE IS AT YOUR OWN RISK. WE PROVIDE THE SITE AND THE SITE SERVICES ON AN “AS IS” BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OUR SERVICES OR ANY PRODUCTS OR SERVICES YOU FIND THROUGH OUR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US ON THE SITE OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A CREDITOR, BROKER, FINANCIAL SERVICE PROVIDER, OR OTHER SIMILAR SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH PROVIDERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY
NEITHER WE NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS (together, “SITE PARTIES”) SHALL BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (A) YOUR BREACH OR VIOLATION OF THE TERMS; (B) YOUR ACCESS AND USE OF OUR SITE OR SERVICES; (C) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SITE OR SERVICES FOR ANY REASON; (D) YOUR DOWNLOADING OF ANY OF THE CONTENT ON THE SITE FOR YOUR USE; (E) YOUR RELIANCE UPON OR USE OF THE INFORMATION PROVIDED ON THE SITE OR (F) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SITE OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SITE OR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE PARTIES’ LIABILITY ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE OR ITS SERVICES SHALL NOT EXCEED $200.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this section of the Terms is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Nevada shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
23. YOUR INDEMNIFICATION OF US
To the greatest extent permitted under applicable law, you shall defend, indemnify and hold harmless all Site Parties from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (a) any breach or violation of these Terms by you; (b) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (c) your access or use of the Site or its services; and/or (d) any personal injury or property damage caused by you.
24. OUR REMEDIES
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.
For purposes of this Section, you agree that any action or proceeding regarding such injunction restraining such breach or threatened breach shall be brought in the courts of record of Clark County, Nevada or the United States District Court having jurisdiction therein. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
25. ARBITRATION & CLASS ACTION WAIVER
25.1 As used in this section, “Agreement to Arbitrate” means the terms and conditions of this section of the Terms.
25.2 You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of these Terms, your use of or access to our Site or services, or any products or services sold, offered, or purchased through our Site or services (“Dispute”).
25.3 You and we agree as follows:
(a) To submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
(b) The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
(c) You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under these Terms with a claim that is not eligible for arbitration under these Terms. You and we agree to waive the right to a trial by jury for all disputes.
(d) If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 25.3 is found to be unenforceable, then all of Section 25.3 will be null and void as to that Dispute.
(e) This Agreement to Arbitrate will survive the termination of your relationship with us.
25.4 To the extent permitted under applicable law, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
25.5. Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Clark County, Nevada. You and we agree to submit to personal jurisdiction in such court.
25.6. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on the Site at least 30 days before the effective date of the change and/or by email.
25.7 You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. Notice must be provided by email to firstname.lastname@example.org with the subject line “Arbitration Opt-Out.”
26. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent to by email to email@example.com using the subject line “DMCA Request.”
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
27. OUR CONTACT INFORMATION
Our contact address and other contact information can be found on the Contact Us page of the Site.
To the extent permitted under applicable law, any notice from you to us under this Agreement must be submitted by email to firstname.lastname@example.org. You acknowledge and agree that we implement this requirement to maximize the chances your notice will be received and acted upon.
If any portion of these Terms (including any other terms incorporated herein) is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that narrow portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, shall survive your acceptance of these Terms and the termination of these Terms.
WE URGE YOU TO PRINT AND MAINTAIN A COPY OF THESE TERMS FOR YOUR RECORDS.
30. QUESTIONS, COMMENTS, CONCERNS AND FEEDBACK
If you have questions, comments, concerns or feedback regarding these Terms, the Site or our services, please contact us by email at email@example.com.