Terms of Service and Use Agreement
Last Updated: February 15, 2017. READ THIS TERMS OF SERVICE AND USE AGREEMENT BEFORE ACCESSING PAYDAYAVAILABLE.COM. Welcome to PaydayAvailable.com (referred to as "PaydayAvailable.com", "Web site", "site", "we", "us", or "our"). Access to and use of this site is provided subject to the following terms and conditions: PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT ("AGREEMENT") ATTENTIVELY. YOUR USE OF THIS WEBSITE, THE PRODUCTS AND SERVICES PROVIDED THROUGH OR CONNECTED WITH PAYDAYAVAILABLE.COM MEANS YOU ACCEPT THIS AGREEMENT. BY ACCESSING OR USING ANY PART OF THE SITE OR ITS PRODUCTS AND SERVICES (COLLECTIVELY, "SERVICES" OR "SERVICE"), YOU ACCEPT, WITHOUT RESTRICTION OR QUALIFICATION, THE FOLLOWING TERMS OF SERVICE. IN CASE YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED IN THE AGREEMENT, IT IS RECOMMENDED TO IMMEDIATELY CEASE ALL USAGE OF THE SITE OR THE PRODUCTS AND SERVICES OF THE GIVEN SITE. We maintain the right, at any time, to change, amend, or update the terms and conditions of this Agreement without prior notice. Modifications shall be implemented directly upon being posted on this website. Your continued use of the Service after alterations are posted means you acknowledge and accept the Agreement and all the alterations. Except as provided in this paragraph, this Agreement may undergo any other amendments.
1.NATURE OF WEBSITE; AGREEMENT TO BE CONTACTED.
PaydayAvailable.com and its affiliates, business partners, and/or licensors provide the type of service for you to post your information once and get quotes or calls from one or more individuals or companies. You understand and give consent that if you request a product or service, such as a loan, or any other service connected with finance offered through the Service, PaydayAvailable.com will share the data you submitted with certain business partners and/or unrelated third-party companies in order to process and fulfill your request. You further give your consent that by submitting data to PaydayAvailable.com, you agree that business partners and third-party companies will contact you by telephone, email or mail, despite the fact you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, the internal Do Not Call List of a company, or any other Do Not Call List. You assume that PaydayAvailable.com business partners and unrelated third-party companies may keep the information you submitted to PaydayAvailable.com whether you opt to use their services or not. In case you do not want to receive notifications from such companies, you agree to notify them directly.
PaydayAvailable.com does not provide loans of any type, financing, credit card services, or financial services or advice. PaydayAvailable.com, and its affiliates, business partners, and/or licensors help you post information about unrelated third-party financial companies and service providers. PaydayAvailable.com carries out no representations or warranties related to the qualifications or performance of these third-party companies. The data and locator services provided by PaydayAvailable.com may not fit your needs. Each service provider has its own eligibility demands, terms and conditions, and fees for their services. Not all services are provided in all states.
By installing, accessing, and using the services of this site, you agree that you are at least eighteen (18) years of age and agree, to provide only true and accurate, up-to-date and full data when submitting information or materials on this site, including, without limitation, when you use Services provided. In case you submit any false, imprecise, untrue, or partial information, PaydayAvailable.com has the right to cancel your access and use of this site. Moreover, you agree to keep to all applicable local, state, national, and international laws and regulations with regard to your use of this site and give your consent not to prevent the use and enjoyment of this Web site by any other users and PaydayAvailable.com's operation or management of this site. Furthermore, you give consent not to impersonate any other person or business entity, be it actual or fictitious, including impersonating an employee or representative of PaydayAvailable.com, when using this Web site.
4.DISCLAIMER RELATING TO ACCURACY OF THIRD-PARTY INFORMATION.
PaydayAvailable.com carries out no warranties or representations of any kind with respect to any product or service provided or offered by any third-party company, and you accept that any reliance on representations and warranties provided by any third-party company shall be your own responsibility.
5.PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.
All programs, software, products, information, documentation, and data submitted to on or available through the site, if otherwise is not indicated, are protected by law including, but not restricted to, United States copyright, trade secret, patent, and trademark law, as much as other state, national, and international laws and regulations. Except as explicitly provided herein, PaydayAvailable.com does not confer any express or implied right to any person under any intellectual or proprietary rights. Therefore, unauthorized use of this Web site may breach intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Web site is Copyright © 2017 Zero Parallel LLC and/or its licensors. All rights reserved. PaydayAvailable.com is also owner of a copyright in the contents of the Web site as joint work and/or compilation and in the selection, coordination, adjustment, and enhancement of the content of this Web site. Any software and other downloadable or printable materials, data, video or materials accessible through this site and all copyrights, trade secrets, and know-how in connection with thereto, unless otherwise indicated, are PaydayAvailable.com property. This Web site is provided by Zero Parallel, LLC. This Agreement provides you, a User, with a personal, revocable, restricted, non-exclusive, nontransferable license to use this site based on your continued agreement with the terms and conditions of this Agreement. You may print and download data and information from this Web site exclusively for your personal use, on condition that all hard copies contain all copyright and other applicable notices contained in such materials and information. This Agreement is a license and not an assignment or sale. Any rights granted by the given document are licensed and are not supposed to be sold or otherwise transferred to you. You definitely acknowledge and give your consent that PaydayAvailable.com transfers no ownership or intellectual property interest in and to the Web site to any person. Despite the above-stated, you are not allowed to modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not explicitly permitted herein the Web site. WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY PAYDAYAVAILABLE.COM TO ANY OTHER SERVER OR LOCATION WITH THE PURPOSE OF FURTHER REPRODUCTION OR REDISTRIBUTION IS STRICTLY PROHIBITED.
6.SECURITY ENFORCEMENT ON THE SITE.
Actual or attempted unauthorized use of the Web site may lead to prosecution. PaydayAvailable.com has the right to view, monitor, and record any activity on the Web site without any notice or permission from you. Any data received by monitoring, reviewing, or recording is liable to review by law enforcement organizations regarding to investigation or prosecution of possible unauthorized activity on the site. PaydayAvailable.com will also comply with all court orders requiring such information.
7.DISCLOSURE OF YOUR INFORMATION.
You confirm, consent and agree that PaydayAvailable.com may access, hold, and disclose the information and data we gather about you in case it is required to do so by law or in good faith belief and on reasonable grounds that such access preservation or disclosure is justifiably necessary to: (i) comply with legal process and react to governmental investigations; (ii) enforce the Agreement; (iii) respond to claims that any data, information, services, or content breached the rights of the third parties; (iv) respond to customers' requests; or (v) protect the rights, property, or personal safety of PaydayAvailable.com, its users and the community.
GRAMM-LEACH-BLILEY ACT NOTICE
You are not obliged to give your consent to the verification and authentication process described in this section are eligible for opting-out of the verification and authentication process described above. In order to opt-out, please email [email protected] with your name and email address, or request removal by U.S. mail at 1124 E. Broadway #547, Glendale, California 91206.
8.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
PAYDAYAVAILABLE.COM DOES NOT EVALUATE ANY COMPANY, ORGANIZATION, OR INDIVIDUAL, OR THEIR CORRESPONDING OFFERS, THAT ARE AVAILABLE THROUGH THIS WEB SITE. WE MAKE NO DIRECT OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND AT ALL, AS WELL AS WE ARE NOT LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM THE CONTENT OF THE SERVICE, THE WEB SITE, PROGRAMS, THIRD-PARTY COMPANIES, SERVICES OR ANY PRODUCTS AVAILABLE THROUGH THIS WEB SITE. ANY FINANCIAL OR OTHER TYPE OF RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY ARISING FROM THE DATA RECEIVED OR AVAILED THROUGH THIS WEB SITE OR PAYDAYAVAILABLE.COM IS EXCLUSIVELY BETWEEN YOU AND THE THIRD-PARTY. PAYDAYAVAILABLE.COM IS NOT A PARTY TO YOUR AGREEMENTS AND YOU CARRY SOLE LIABILITY FOR ANY SUCH AGREEMENTS. THE SITE, INCLUDING ALL THE CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PAYDAYAVAILABLE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, DIRECT OR IMPLIED, INCLUDING, WITHOUT RESTRICTION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. PAYDAYAVAILABLE.COM DOES NOT WARRANT THAT THE FUNCTIONS REPRESENTED IN THE WEB SITE OR SERVICES OR ANY MATERIALS OR CONTENT POSTED HERE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE REMOVED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. PAYDAYAVAILABLE.COM IS NOT LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE, OR FOR ANY DAMAGES, INCLUDING, WITHOUT RESTRICTION, THE CONTENT AND ANY DEFECTS CONTAINED THEREIN. BY NO MEANS WILL PAYDAYAVAILABLE.COM BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST INFORMATION, LOSS OF OPPORTUNITIES, COSTS OF COVER, LOSS OF REVENUE, LOSS OF USE, TYPICAL, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, RESULTING FROM OR CONNECTED WITH THIS WEB SITE, ITS SERVICES, OR THE INFORMATION PROVIDED ON IT, WHETHER SUCH DAMAGES OCCUR IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. Since some states/jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, the aforementioned limitation may not apply. Despite the above-stated, total liability for PaydayAvailable.com for any reason whatsoever concerning use of this site shall not exceed the total amount paid by you to PaydayAvailable.com with regard to the subject matter of the particular dispute.
You give your consent to indemnify and hold PaydayAvailable.com, its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns harmless from any claim or demand, including acceptable attorneys' fees and costs, made by any third-party because of or resulting from your use of the PaydayAvailable.com services or connection to the PaydayAvailable.com Web site or your breach of this Agreement, or resulting from your violation of any rights of a third-party, or other user of the Service using your computer, or of any intellectual property or any other right of any person or business entity.
10.MODIFICATIONS AND INTERRUPTION TO SERVICE AND WEB SITE.
PaydayAvailable.com has the right to modify or discontinue the Service or site with or without prior notice to you. PaydayAvailable.com shall not be responsible to you or any third-party in case PaydayAvailable.com exercise its right to modify or discontinue the Service. You agree and accept that PaydayAvailable.com does not guarantee continuous, uninterrupted or secure access to the site, services, or third-party companies, and performance of our site may be interfered with or unfavorably affected by numerous factors or state of things outside of our control.
11.RESPONSIBILITY FOR USE.
Use of the Internet and PaydayAvailable.com is entirely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While PaydayAvailable.com has made an effort to create a secure and reliable site, you should assume that the confidentiality of any communication or material submitted to/from the site over the Internet or other global communication network cannot be guaranteed. Furthermore, you understand that the technical processing and transmission of PaydayAvailable.com may entail transmission over various networks. Theefore, PaydayAvailable.does not carry any responsibility for the security of any information transmitted via the Internet, as well as the accuracy of the information posted on PaydayAvailable.com, or for the consequences of any reliability on such information. In addition, you agree to assume all risk and obligations resulting from your use of PaydayAvailable.com, including the risk of a violation in the security of PaydayAvailable.com. You acknowledge entire and complete risk for using PaydayAvailable.com.
12.NO ENDORSEMENT OF POSTINGS.
You have to use your best judgment and prudence in evaluating all third party postings or other information on the Web site. PaydayAvailable.com does not endorse, oppose, or edit any opinion or information submitted by a user or third party, with the exception of removing temporarily or deleting what seems to be potentially unlawful content or content otherwise forbidden under this policy. PaydayAvailable.com does not make any representation with regard to, nor does it endorse the accuracy, integrity, timeliness, or accuracy of any advice, opinion, statement, or other material displayed, uploaded, distributed by any user of, or third party submitting materials to, this Web site. PaydayAvailable.com explicitly disclaims all responsibility and liability for such postings, information, and materials.
13.PERMISSION TO USE POSTINGS.
The aim of this Web site and the services, programs, software, products, materials, information and data available through it is to help you find a loan from prospective lenders participating in our direct network of lenders ("participating lenders"). By submitting information, content, and materials to a forum or other portion of this Web site or by otherwise using the Web site to transmit information, content, and materials, you automatically give PaydayAvailable.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, alter, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such information, content, and materials (partly or fully) worldwide and/or to include into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, content, and materials. Despite this right and license, it is understood that by just permitting your information, content, and materials to appear on this Web site, PaydayAvailable.com does not become and a publisher of such information, content, and materials.
PaydayAvailable.com approves of your feedback and suggestions about how to improve this site. By submitting any suggestions, information, material, or other content (collectively, "feedback") to PaydayAvailable.com, you agree and warrant that such feedback does not violate the intellectual property or proprietary rights of any third party (including, without restriction, patents, copyrights, or trademark rights) and that you have all rights necessary to transmit such feedback to PaydayAvailable.com. Moreover, any feedback received through this site will be considered to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for PaydayAvailable.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without any additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that might exist in such content, and you hereby decline any claim to the contrary.
PaydayAvailable.com has no responsibility for the deletion of or failure to store any message.
PaydayAvailable.com, in its sole discretion, might post the advertisements of third parties on this Web site and/or feature materials, programs, products, and services provided by third parties. PaydayAvailable.com makes no representations with regard to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may have access to. Your correspondence or any other dealings with third parties found on this Web site are entirely between you and such third party. PaydayAvailable.com explicitly disclaims responsibility and liability for all third party submitted materials, programs, products, and services contained on or accessed through this Web site, and you acknowledge that PaydayAvailable.com shall carry any responsibility for any loss or damage of any sort incurred and resulted from any such dealings or as the result of the performance of such third parties on this Web site.
17.LINKS TO THIRD-PARTY SITES.
You accept that PaydayAvailable.com has the right, at our sole discretion, to terminate access to this site at any time. PaydayAvailable.com further retains the right to terminate access any accounts involved with botnets and corresponding activities. If any hostnames are used as command and control points for botnets, PaydayAvailable.com retains the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. You acknowledge that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PaydayAvailable.com.
19.EVENTS BEYOND PAYDAYAVAILABLE.COM'S CONTROL.
You explicitly absolve and release PaydayAvailable.com from any claim of harm arising from a cause PaydayAvailable.com's control, including, but not restricted to, the operation of third-party service providers, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather conditions, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental prohibitions.
This Agreement has been made in and will be interpreted and enforced according to the laws of the state of California as applied to agreements entered into and completely operated in California, without reference to conflict of law principles.
23.NO CLASS ACTIONS.
TO THE EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASS-WIDE BASIS IS WAIVED; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LEGAL SUIT, ARBITRATION, ACTION OR OTHER PROCEEDING. YOU ACKNOWLEDGE THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
24.TERM AND TERMINATION.
This Agreement will take effect at the time you start installing, accessing, or using this Web site. PaydayAvailable.com retains the right at any time and for any reason to fully or partly deny you access to the Web site and to terminate this Agreement. This Agreement will be terminated automatically if you fail to comply with the limitations described in the Agreement. Termination comes into effect without any prior notice. You may terminate at any time by ceasing to use the Web site, but all applicable provisions of the Agreement will survive termination, as stated below. Upon termination, you have to destroy all copies of any aspect of the Web site which you possess.
The provisions concerning Consent to be Contacted, Proprietary and Intellectual Property Rights, Events beyond PaydayAvailable.com's Control, Confidentiality, Indemnity, Representations and Warranties, Disclaimer of Warranty; Limitation of Liability, Availability of Records, Admissibility of this Agreement, Termination, Statute of Limitations, and Governing Law will survive the termination of this agreement regardless of the reason.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not function as a waiver of any subsequent default or failure of performance. No waiver by PaydayAvailable.com of any right under this Agreement will be considered to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
A printed version of this Agreement and of any related notice in electronic form shall be acceptable in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records initially generated and maintained in printed form.
If any part of this Agreement is thought to be invalid or unenforceable according to applicable law including, but not restricted to, the warranty disclaimers and the liability limitations mentioned above, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most clearly complies with the intent of the original provision and the remainder of this Agreement shall continue in effect.
29.RELATIONSHIP OF PARTIES.
No joint venture, partnership, employment, or agency relationship exists between you and PaydayAvailable.com as result of this Agreement or your usage of this Web site.
30.RESERVATION OF RIGHTS.
Any rights not clearly granted by PaydayAvailable.com herein are reserved.
In case you have any questions regarding this Web site or if you are interested in receiving more information concerning PaydayAvailable.com please contact us at [email protected]. Please contact your third-party service providers for any questions concerning their products or services.
33.STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION RESULTING FROM OR RELATED TO THE USE OF THE SERVICE OR THIS AGREEMENT HAS TO BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
34.OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions might apply to the purchase of goods, participation in a particular program, and/or to certain portions or features of the Web site, all of which are made a part of this Agreement by this reference. You agree to comply with such notices, terms and conditions, including where applicable representing that you are of sufficient legal age to obtain a product and/or use or take part in a program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a definite portion of the Web site, including any areas to enable the on-line purchase of items or for any program or service available on or through the Web site, the latter terms shall control with regard to your use of that portion of the Web site. PaydayAvailable.com's obligations, if any, with regard to its services, programs, and/or products are governed entirely by the terms, conditions, notices, and agreements in accordance with which they are provided, and nothing herein should be construed to change such terms, conditions, notices, and agreements.
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