TERMS OF USE
These terms of use (“Terms of Use”) are provided on behalf of First Loan and its affiliates (“we”, “us”, “our”). By using www.firstloans.com, including any pages thereof (the “Site”), you acknowledge that you have read, understand and agree to be bound by these Terms of Use, regardless of whether you are a registered user of our products or services (each a “Service” collectively, referred to as “Services”). If you do not wish to be bound by these Terms of Use, you should not access or use the Site or Services. If there is any inconsistency between these Terms of Use and another agreement you enter into that is applicable to Services offered on the Site then the other agreement will take precedence as it applies to the Service.
Changes to These Terms of Use
We reserve the right, in our sole discretion, to modify these Terms of Use at
any time. Changes to these Terms of Use will become effective immediately upon
the posting thereof. Please review these Terms of Use often to keep yourself
apprised of any changes. Your continued use of the Site following the posting
of changes will constitute your acceptance of the revised Terms of Use.
Eligibility
This Site is intended solely for users who are 21 years of age or older, and
any registration or use of the Site by anyone under 21 is unauthorized and in
violation of these Terms of Use. By using the Site, you represent you are 21 or
older and that you agree to and to abide by all of the terms and conditions of
these Terms of Use. If you violate any of these Terms of Use, or violate any
other agreement with us, we may terminate your registration and/or prohibit you
from using or accessing our Services or the Site.
Registrations and Applications
You may be presented with the opportunity to register for an account and apply
for a loan through the Site. When you register for an account or apply for a
loan, you agree to provide current, complete, and accurate information about
yourself. If any information you provide is untrue, inaccurate, not current, or
incomplete, we have the right to reject or cancel your account registration,
reject any application you have submitted, terminate any agreement we have with
you, and restrict your future use of the Site and our Services. We reserve the
right to decline any application for a loan.
Your Account
To access our Services, you will be required to register and create an account
on the Site. You may not disclose your user name or password to any third
party. If you learn of any unauthorized use of your password or account, please
contact us immediately. You may be required to login in order to use certain
parts of the Site.
Your Content and Information Sharing
By providing information or content on the Site, you expressly agree to all of
the following: You grant us a non-exclusive, transferable, sub-licensable,
royalty-free, world-wide license to use any information or content that you
provide in connection with your use of the Site and our Services, subject to
the privacy provisions described in our Privacy Policy. We have the right to
review, delete, edit, modify, reformat, excerpt, or translate any of your
information or content. You are solely responsible for the content and
information you make available through or in connection with our Services.
All the information
and content posted on the Site or privately transmitted through the Site or via
other means in connection with our Services is the sole responsibility of the
person from which that content originated. We will not be responsible for any
errors or omission in any information or content posted by a user.
We will not share or
sell any of your information with any third party, except as specifically
described in our Privacy Policy, which is incorporated by
reference into these Terms of Use.
Restrictions on Use
You agree to abide by all applicable laws and regulations in your use of the
Site and our Services. In addition, you agree that you will not do any of the
following:
- register for more than one
account, or register for an account on behalf of an individual other than
yourself or on behalf of any group or entity;
- post or otherwise make
available content, or take any action on the Site, that may constitute
libel or slander or that infringes or violates someone else’s rights or is
protected by any copyright or trademark, or otherwise violates the law;
- post or otherwise make
available content that in our judgment is objectionable, such as content
that is harmful, threatening, inflammatory, obscene, fraudulent, invasive
of privacy or publicity rights, hateful, or otherwise objectionable, or
which restricts or inhibits any other person from using or enjoying the
Site, or which may expose us or our users to any harm or liability of any
type;
- post or otherwise make
available any unsolicited or unauthorized advertising, solicitations,
promotional materials, or any other form of solicitation;
- use the information or content
on our Site to send unwanted messages to any other user;
- impersonate any person or
entity, or falsely state or otherwise misrepresent yourself, your age or
your affiliation with any person or entity;
- post or otherwise make publicly
available on the Site any personal or financial information of any third
party;
- solicit personal information
from anyone under 21 or solicit passwords or personally identifying
information for commercial or unlawful purposes;
- use the Site or our Services in
any manner that could damage, disable, overburden or impair the Site;
- harvest or collect email
addresses or other contact information of our users from the Site by
electronic or other means, including via the use automated scripts; or
- post or otherwise make
available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment.
Intellectual Property Proprietary Rights; Copyrights; Trademarks
All software, design, text, information, data, databases, images, photographs,
illustrations, audio clips, video clips, artwork, graphic material, or other
copyrightable elements (collectively, “Content”), other than User Content (as
defined above), are the property of First Loan and/or its
subsidiaries, affiliates, assigns, licensors, vendors, partners or other
respective owners and are protected, without limitation, pursuant to copyright
laws. No Content (other than your own User Content) may be reproduced,
modified, used to create derivative works, displayed, performed, published,
distributed, disseminated, broadcast or circulated to any third party without
our express prior written consent.
“First Loan”
and all related logos (collectively, “the Trademarks”) constitute our
Trademarks or service marks. Other company, product, and service names and
logos used and displayed on this Site may be Trademarks or service marks owned
by us or others. You may not use, copy, display, distribute, modify or
reproduce any of the Trademarks found on the Site unless in accordance with
written authorization by us. The use of any of the Trademarks as part of a link
to or from any site is prohibited unless we provide advance written approval.
In addition, all page headers, custom graphics, button icons, and scripts are
our service marks, Trademarks, and/or trade dress. You may not copy, imitate,
or use them without our prior written consent. Any questions concerning any
Trademarks, or whether any mark or logo is a Trademark, should be referred to
us.
All right, title and
interest in and to the Website, any content thereon, our products and services,
the technology related to our products and services, and any and all technology
and any content created or derived from any of the foregoing is our or our licensors’
exclusive property.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that
you own or control, you may send a written notification to us via support@firstloan.com.
In your notification please:
- confirm you are the owner, or
authorized to act on behalf of the owner, of the copyrighted work that has
been infringed;
- identify the copyrighted work
or works you claim has been infringed;
- identify the material that you
claim is infringing or is the subject of infringing activity and that is
to be removed; please include information reasonably sufficient to permit
us to locate the material;
- provide your contact details,
including an email address; and
- provide a statement that the
information you have provided is accurate and that you have a good-faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law.
Links to Third Party Websites
We are not responsible for the information practices employed by sites linked
to or from our web site. In most cases, links to third-party web sites are
provided solely as pointers to information on topics that may be useful to our
users. Since third-party web sites may have different privacy policies and/or
security standards governing their sites, we advise you to review the privacy
policies and terms and conditions of these sites prior to providing any
personal information.
Use of Personally Identifiable Information
Our practices and policies with respect to the collection and use of personally
identifiable information are governed by our Privacy Policy.
No Warranty; Errors; Disclaimers
The Site and our products and services are provided “as is” and without any
representation or warranty, whether express, implied or statutory. Any
estimates or examples that we provide on the Site may be different than actual
amounts. You agree that we may promptly correct any error that we discover,
including any error in calculating your loan rates. If the error results in
your receipt of an incorrect interest rate, APR or fee, we will notify you and
provide you with the correct rate. You agree to provide any additional consent
necessary to correct any errors that occur.
ALTHOUGH WE WILL USE
REASONABLE EFFORTS TO PROVIDE AN ACCURATE SITE/SERVICES, ALL ASPECTS THEREOF
ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. WE AND OUR
OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE
“PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF
ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, THE SITE, SERVICES, ANY
DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU, AND ANY OTHER PRODUCTS AND
RELATED MATERIALS AND/OR SERVICES PROVIDED TO YOU BY ANY OF THE PARTIES,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (I) AS TO TITLE,
MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND WORKMANLIKE EFFORT; (II) THE
QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR SERVICES OR ANY
ASPECT THEREOF; (III) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE; (IV) THE SITE OR SERVICES CONFORMING TO ANY
FUNCTION, DEMONSTRATION OR PROMISE BY ANY PARTY; AND (V) THAT ACCESS TO OR USE
OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY
SECURE. ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE
PARTIES MAKE NO WARRANTIES. THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM
IN THESE TERMS OF USE.
Limitation of Liability
You agree that all access and use of the Site and its contents and your use of
the Services is at your own risk. Neither we, nor any third party involved in
creating, producing or delivering the Site and/or Services, has or will have
any responsibility for any consequences relating, directly or indirectly, to
any action or inaction that you may take based on the Site and/or Services, or
any aspect thereof.
WE WILL NOT BE HELD
LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS OR DELAYS IN THE OPERATION OR
TRANSMISSION, PRODUCT, AND/OR OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN
THE INFORMATION CONTAINED IN THE SITE/SERVICES. UNDER NO CIRCUMSTANCES WILL ANY
OF THE PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN
CONNECTION WITH THE SITE/SERVICE OR PRODUCT, THESE TERMS OF USE, OR YOUR USE OR
INABILITY TO USE ANY OF THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
ALL OF THESE
LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE
DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN
IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify, defend and hold us harmless from and against any and
all third party actions, suits, claims and/or demands and any associated
losses, expenses, damages, costs and other liabilities (including reasonable
attorneys’ fees), arising out of or relating to your (and your users’)
submitted content, use or misuse of any aspect of the Services or Site, or your
violation of these Terms of Use. You will cooperate as fully as reasonably
required in the defense of any such claim or demand. We and any third party
involved in creating, producing or delivering the Site/Services reserves the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, at your expense, and you will not in any
event settle any such matter without our prior written consent and any such
third party.
Miscellaneous
These Terms of Use shall be governed in all respects by the laws of Elem
Indian Colony of Pomo Indians.
Your obligations under
these Terms of Use are binding on your successors, legal representatives and
assigns. You may not assign or transfer (by operation of law or otherwise) your
right to use the Site/Services or any aspect hereunder, in whole or in part,
without our prior written consent.
Severability
If any provision of this Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Question
Please contact us at 1-855-625-8292 with any questions
regarding these Terms of Use.