This Agreement is void where prohibited. 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 A STATE WHERE PROHIBITED BY LAW), AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
Subject to your compliance with the terms and conditions of this Agreement, Venture i grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website and Services. THE WEBSITE AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE (EXCEPT AS EXPRESSLY SET FORTH HEREIN). 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.
6. USER INFORMATION
In connection with your use of the Services, you are required to complete an application form. You represent and warrant that all user information you provide on the application form or otherwise in connection with your use of the Website and Services will be current, complete and accurate.
7. VENTURE i IS NOT A LENDER
VENTURE i DOES NOT PROVIDE SHORT-TERM LOANS BUT, INSTEAD, REFERS CONSUMERS TO LENDERS WHO MAY PROVIDE SUCH LOANS. ACQUISITION MEDIA SHARES CONSUMER APPLICATION INFORMATION WITH ONE OR MORE LENDERS AND/OR THIRD-PARTY LEAD AUCTION SITES. VENTURE i CANNOT, AND DOES NOT, GUARANTEE THAT IT WILL MATCH A CONSUMER WITH A LENDER, OR THAT A CONSUMER'S APPLICATION WILL BE APPROVED BY A LENDER. VENTURE i CANNOT, AND DOES NOT, GUARANTEE THE AMOUNTS OF FUNDS THAT MAY BE EXTENDED TO A CONSUMER IF ANY LENDER APPROVES A CONSUMER'S APPLICATION. CONSUMER CREDIT CHECKS MAY BE PERFORMED.
8. RELATIONSHIP AND OBLIGATION OF THE PARTIES
You acknowledge and agree that you and lenders ("Lenders") enter contracts directly with each other to obtain or provide certain short-term loans. Venture i is not a party to any contract between you and Lenders for short-term loans, and is not involved in the contracting between you and Lenders. All rights and obligations for short-term loans are solely between you and Lenders. VENTURE i HAS NO CONTROL OVER AND DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR OFFERED SHORT-TERM LOANS, THE ABILITY OF LENDERS TO DELIVER SHORT-TERM LOANS, THE ABILITY OF CUSTOMERS TO REPAY SHORT-TERM LOANS, OR THAT A CUSTOMER OR LENDER WILL ENTER A BORROWER-LENDER RELATIONSHIP. Each customer and Lender must look solely to the other for the enforcement and performance of all their rights and obligations for short-term loans, and any other terms, conditions, representations, or warranties associated with such dealings.
9. CONSENT TO RECEIVE EMAIL FROM VENTURE i
By completing an application through the Website, you consent to receive certain administrative email communications from Venture i. You also consent to receive periodic online and offline marketing communications from Venture i. You may opt-out of receiving Venture i marketing communications at any time by clicking here and following the opt-out instructions.
10. CONSENT TO RECEIVE COMMUNICATIONS FROM LENDERS
By registering with the Website, your thereby consent to receive communications, including by mail, email and telephone, from Lenders.
11. THIRD-PARTY WEBSITES
The Website may be linked with the websites of third parties ("Third-Party Websites"). Venture i does not have control over the content and performance of Third-Party Websites. VENTURE i CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, VENTURE i DOES 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. VENTURE i DISCLAIMS, 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.
12. PROHIBITED USES
Venture i imposes certain restrictions on your use of the Website and the Services. You represent and warrant that you will not, without limitation:
(a) violate or attempt to violate any security features of the Website or Services;
(b) provide false, misleading or inaccurate information to Venture i or any Lender;
(c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) harvest or otherwise collect information about Venture i's users, including email addresses and phone numbers;
(e) 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 Website for any use, including without limitation use on third-party websites;
(f) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (g) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;
(h) interfere or attempt to interfere with the use of the Website 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";
(i) use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services;
(j) 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 Website or Services; or
(k) 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 Venture i Parties in providing the Website or Services. Any violation of this section may subject you to civil and/or criminal liability.
13. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
VENTURE i HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENTURE i EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VENTURE i DOES NOT WARRANT THAT THE WEBSITE 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 WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD VENTURE i OR ITS LENDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, 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
THE LIABILITY OF VENTURE i IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VENTURE i 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 VENTURE i RISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF VENTURE i 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 VENTURE i AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
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 VENTURE i. 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 WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
14. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website and Services will be in accordance with this Agreement and any other Venture i policies, and with any applicable laws or regulations.
15. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, you agree to defend, indemnify and hold harmless Venture i and its 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; (iii) your provision to Venture i or any of the Indemnified Parties of information or other data; 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.
16. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Scottsdale, Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE 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.
(a) Requirement of Arbitration.
You and Venture i agree that any dispute, of any nature whatsoever, between you and Venture i arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (AAA) in Phoenix, Arizona (unless you and Venture i mutually agree to a different arbitrator) who shall render an award in accordance with the AAA's Commercial Arbitration Rules and the substantive laws of Arizona. 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, the AAA fee and reasonable attorneys' fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude you or Venture i from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude your Venture i from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN AND AROUND PHOENIX, ARIZONA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
(a) Termination; Survival
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that you breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Venture i. If Venture i, in Venture i's discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Venture i will be entitled to recover from you as part of such legal action, and you agree to pay, Venture i's reasonable costs and attorneys' fees incurred as a result of such legal action. Venture i Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement. Upon termination, all rights, licenses and obligations created by this Agreement will terminate, except that Sections 1, 4-8, and 11-20 will survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Venture i shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Venture i. You agree that any notice received from Venture i 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 VENTURE i IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY VENTURE i OF AN EMAIL TO THAT ADDRESS. You shall give a notice to Venture i by means of email to email@example.com. Notice to Venture i shall be effective upon receipt of notice by Venture i.
This Agreement constitutes the entire agreement between Venture i and you concerning your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Venture i or by the unilateral amendment of this Agreement by Venture i and by the posting Venture i 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 the prior written consent by Venture i. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Venture i 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 in Sections 12, 13, 14 and 16, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Venture i, and would therefore entitle Venture i to injunctive relief. 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.
Effective Date: June, 2016.