BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND FULLY AGREED WITHOUT ANY RESERVATION, TO BE LEGALLY BOUND BY THIS AGREEMENT AND AND THAT YOU UNDERSTAND AND AGREE TO ACCEPT THE TERMS OF PAYACTIV'S PRIVACY POLICY
IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
PAYACTIV ("THE COMPANY") MAY, FROM TIME TO TIME, CHANGE THIS AGREEMENT, AND YOUR CONTINUED USE OF THE SITE THEREAFTER CONFIRMS THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS.
Authorized uses. The Company, authorizes you to use this Site and to display its content but solely for your own personal noncommercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any material at the Site, use of the Site, or access to the Site. The services offered on this Site are not available to residents of all states, including those residents located in Pennsylvania. Your use of this site authorizes the Company or its designees or assigns to verify all information that you have provided and acknowledge that this information may be used to verify certain past and/or current credit or payment history information from third party source(s). We may utilize Check Loan Verification or other similar consumer-reporting agency for these purposes. We may disclose all or some of the nonpublic personal information about you that we collect to financial service providers that perform services on our behalf, such as the servicer of your short term loan, and to financial institutions with which we have joint marketing arrangements. Such disclosures are made as necessary to effect, administer and enforce the loan you request or authorize and any loan you may request or authorize with other financial institutions with regard to the processing, funding, servicing, repayment and collection of your loan.
Arbitration of All Disputes: You and we agree (and your use of this site confIrms that agreement) that any and all claims, disputes or controversies between you and us, any claim by either of us against the other (or the employees, officers, directors, agents, servicers or assigns of the other) and any claim arising from or relating to your application for this loan, regarding this loan or any other loan you previously or may later obtain from shall be resolved by Binding Arbitration. This agreement to arbitrate all disputes o any nature, including those alleging fraud or misrepresentation, whether under common law or pursuant to federal, state or local statute, regulation or ordinance, including disputes regarding the matters subject to arbitration, or otherwise, shall be resolved by binding individual (and not joint) arbitration by and under the Code of Procedure of the National Arbitration Forum ("NAF") in effect at the time the claim is filed. This agreement to arbitrate all disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide Web at www.arb-forum.com, by telephone at 800-474-2371, or at "National Arbitration Forum, P.O. Box 0191, Minneapolis, Minnesota 55405." Your arbitration fees will be waived by the NAF in the event you cannot afford to pay them. The cost of a participatory hearing, if one is held at your or our request, will be paid for solely by us and will take place at a location near your residence. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered by any party in any court having jurisdiction. In the event of Arbitration, all proceedings shall be conducted in the City of Tampa, State of Florida, and Florida law shall apply.
NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
Inaccuracies at the Site. While the Company uses reasonable efforts to include accurate and up to date information at the Site, the Company makes no warranties or representations as to the Site's accuracy. The Company disclaims any and all liability for the accuracy, completeness, or correctness of such information.
While the Company uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. The Company assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
Neither the Company nor any other party involved in creating, producing, or delivering the Site makes any representations about the suitability of the content of this Site for any purpose, nor that your use of the Site will be uninterrupted or error-free. EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusions of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Neither the Company nor any other party involved in creating, producing, or delivering the Site assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site. Your use of and browsing in the Site are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN NO EVENT SHALL THE COMPANYS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Company. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Website Use, is strictly prohibited. You are also advised the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The Company has not reviewed any sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Although the Company may from time to time monitor or review postings, transmissions, and the like on the Site, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
The Company may give notice to its users by means of a general notice on this Site, electronic mail to a user's e-mail address on its records, or by written communication sent by first class mail to a user's address on its records.
Monitoring, Copying, Altering or Interfering With the Site. You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of the Company or the appropriate third party
You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of the Company or the appropriate third party
