Terms

AUTOLOANS-NOW.COM TERMS AND CONDITIONS AND PRIVACY POLICY:

Program Description: AutoLoans-NOW.com uses a web-based application that permits users to verify their identity via a multi-factor authentication process that includes targeted text messages (SMS) which the user initiates to the telephone number provided by the user (the “Services”). The Services, together with the AutoLoans-NOW.com website, software platform, and application, are provided subject to these Terms and Conditions and Privacy Policy (the “Terms”). If you do not agree to these Terms, do not access or use the AutoLoans-NOW.com website, software application or services, and do not submit your personal information through the Services.

User Opt In: The Services allow users to submit their personal information and confirm their identity by initiating a targeted text message(s) to the telephone number provided by the user, and replying to such text message to confirm the user’s identity. The text messaging service utilized for the Services requires human intervention for all text messages to be initiated, specifically the user’s. You agree that the text messages transmitted as part of the Services are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by using the Services, you agree to receive autodialed text messages and you understand that consent is not required to make any purchase from AutoLoans-NOW.com or any of its partners. By using the Services, you further agree that all text messages related to the Services are initiated by you, the user, and not AutoLoans-NOW.com. You further agree that you will not provide or submit any personal information of another individual via the Services, including but not limited to a telephone number that is not assigned to you. You agree that you are entirely responsible for all information provided through the Services, as well as all text messages that you cause to be initiated through the Services.

User Opt Out and Additional Commands: Unless you timely confirm your identity by replying to the first text message you receive after initiating the multi-factor authentication process, you may receive additional text messages asking you to confirm your identity. To opt out of receiving such additional text messages, reply “STOP” to any text message from your mobile device. You may receive an additional message confirming your decision to opt out.

Message Transmission Limitations: AutoLoans-NOW.com will not be liable for any delays in the receipt of any text messages connected with the Services or the inability to confirm your identity. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

Privacy: You acknowledge and agree that AutoLoans-NOW.com may occasionally send you communications regarding your account or Services via email or telephone. AutoLoans-NOW.com collects personal information in a number of ways when you visit our site or use the Services. For example, you provide us with personal information when you register for an account or contact us by email. AutoLoans-NOW.com automatically receives and records information from your browser, including your IP address, cookies and web-browser information. The personal information collected is used for billing, identification, authentication, service improvement, research, and contact. We use cookies (a cookie is a small amount of data that is sent to your browser from our servers and stored on your computer’s hard drive) to access information when you sign in, store your preferences, and to keep you logged in. You can configure your browser to accept or reject these cookies.

Information Sharing: Third parties utilize and pay AutoLoans-NOW.com for the ability to host the AutoLoans-NOW.com application on their website. Such third parties may obtain access to the personal information you provide through the Services, including in response to any text message. By providing AutoLoans-NOW.com your personal information via the Services, you consent to this disclosure of your personal information. AutoLoans-NOW.com is not responsible for how these third parties handle your personal information, and AutoLoans-NOW.com encourages you to review any additional privacy policy(ies) posted on the third party’s website that hosts the AutoLoans-NOW.com application in order to determine how your personal information could be handled by such a third party. We may also disclose personal information when we believe it violates these Terms, or as appropriate to comply with the law, to protect our users’ rights, as well as to protect our users from fraudulent, abusive, and unlawful use of our site or the Services. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website. If we go through a corporate sale, merger, reorganization, dissolution or similar event, customer data we gather from you may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of AutoLoans-NOW.com may continue to use your data as set forth in these Terms. We might also share user data with third parties if that data has been de-identified or aggregated in a way that does not directly identify you.

Accounts, Passwords and Security: You must be a registered user to access the Services. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username or account.

Acceptable Use and Conduct: The Services are made available to you, your company, and/or your partners only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third-party rights. You are solely responsible for your conduct and your data related to the Services. You agree to indemnify and hold harmless AutoLoans-NOW.com and its partners and their affiliates, officers, contractors, employees, directors and agents, from any and all third-party claims, damages, costs, expenses, fines, penalties, fees and government investigations (including attorneys’ fees incurred from counsel selected by AutoLoans-NOW.com in its sole discretion) resulting in a loss, cost, liability or expense arising from or related to your data, your use of the Services, your violation of any rights of any third party, or these Terms. Any unauthorized use of any AutoLoans-NOW.com Services is a violation of this Agreement. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

Termination: We reserve the right to terminate your account or your use of the Services at any time.

No Warranties or Representations: You understand and agree that the Services are provided “as is” and AutoLoans-NOW.com and its partners expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on AutoLoans-NOW.com’s servers. AutoLoans-NOW.com and its partners make no warranty or representation regarding the results that may be obtained from the use of the Services, the security of the Services, or that the Services will meet any user’s requirements. AutoLoans-NOW.com does not make any warranty about the accuracy, reliability, completeness, quality or timeliness of the Services, or the technology, or that any problems would be corrected, or that the Services are impervious to viruses or other harmful components, or that the Services will be uninterrupted or error-free. Use of the Services are at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Services. The entire risk arising out of use, security or performance of the Services remains with you. Without limiting the foregoing, the Services is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Limitation of Liability: In no event shall AutoLoans-NOW.com be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.

Dispute Resolution: In the event that there is a dispute, claim or controversy between you and AutoLoans-NOW.com, between you and any third party utilizing the AutoLoans-NOW.com application, or between you and any third-party text messaging service provider that transmits text messages related to the Services, and which dispute, claim or controversy arises out of or relates to federal or state statutory claims, common law claims, these Terms, AutoLoans-NOW.com’s Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Suffolk County, New York before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the State of New York, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

Miscellaneous: You warrant and represent to AutoLoans-NOW.com that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Services shall be subject to these Terms unless explicitly stated otherwise in writing. AutoLoans-NOW.com reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Services after any such changes, you accept these Terms, as modified.

Intellectual Property: AutoLoans-NOW.com claims no intellectual property rights over the material you provide to the Services. You acknowledge that AutoLoans-NOW.com owns all right, title and interest in and to the Services, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services.

Questions: If you have any questions regarding our Services, Privacy or Terms, contact us on our website at AutoLoans-NOW.com.