"We," "Us" and "Our" mean the operator of this website, as well as its affiliates. "You" means the person or persons who use or submit registration information on this website.
Credit Implications. We do not make credit decisions. Participating providers or their agents may confirm your information through the use of a consumer report, which may include your credit score. Such inquires may be shown on your credit report and may have a negative impact thereon.
THIS WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES OF THE WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY. WE AND THOSE PURCHASING A LEAD FROM US, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY OF THE INFORMATION, PRODUCTS AND SERVICES OF THE WEBSITE.
YOU AND WE AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION as follows:
A. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM US, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against us, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, contractors, successors or assigns of us, as well as the administrator, service agreement administrator, issuer or provider. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The federal arbitration act (9 U.S.C. ?? 1 et seq.) and not any state law applies to this arbitration agreement.
B. For claims of $10,000 or less, the party bringing the claim can choose the AAA's rules for binding arbitration or, alternatively, can bring an individual action in small claims court.
C. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that you may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any claim. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.
D. If for some reason the prohibition on class arbitrations set forth in Subsection C cannot be enforced, then the agreement to arbitrate will not apply.
E. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.
YOU ACKNOWLEDGE AND AGREE THAT YOU EXPRESSLY ASSENT TO THE TERMS HEREOF.