Greetings to Payday Seek (referred to hereinafter as the "Company"). These Terms & Conditions of Use constitute a binding Agreement between the Company and You (referred to hereinafter as "You" or "Your"), acting as the user of this website (referred to hereinafter as the "Site") and the Company’s services. This document regulates Your access to and utilization of this Site, which operates as an online network marketplace.
You are advised to review this Agreement in full before accessing this Site. By utilizing this Site, You confirm that You are at least 18 years old and that You have read, comprehended, and unconditionally agreed to be legally bound by these Terms & Conditions of Use.
Individuals residing in Arkansas, New York, Vermont, and West Virginia are ineligible to use this website or its services. The states served by this website are subject to change periodically without prior notice.
If You do not consent to these terms, refrain from using this Site or the Company’s services.
Company's Services
The Company does not function as a lender or loan provider, nor is it an agent, representative, or broker for such entities. We do not originate loans or make credit decisions. This Site does not serve as an offer or solicitation to lend. The Company operates solely as a complimentary referral service, allowing consumers to connect with a network of prospective independent, third-party lenders, data managers, and/or brokers (collectively referred to hereinafter as Financial Service Providers) with whom the Company has contracted to offer matching services. The Company facilitates connections between consumers seeking loans between $100 and $1,000 and Financial Service Providers (collectively referred to hereinafter as "Company's services"). Please note that not all Financial Service Providers can offer amounts up to $1,000.
Any compensation the Company may receive is paid by a Financial Service Provider for advertising services rendered. Please note that the information provided on this Site may not address Your specific needs, and You should consult a qualified financial professional to assess the loan information provided by Financial Service Providers. The Company bears no involvement or responsibility regarding a Financial Service Provider's use of the information You submit, including, but not limited to, whether You meet loan qualification criteria.
You explicitly agree that the Company shall not be held liable for any damages or costs of any kind arising from or related to the loan You enter into or Your use of this Site. To register for the Company's services, You must agree to these Terms & Conditions of Use, as well as the Company's Privacy Policy and Marketing Practices. You must also accurately complete and submit one or more forms requiring specific personal, employment, and financial information.
Upon submission of Your information, we share it with Financial Service Providers. The collection, use, and sharing of this information are governed by these Terms & Conditions of Use, along with the Company's Privacy Policy and Marketing Practices. By registering for the Company's services, You acknowledge that You are requesting a loan referral from the Financial Service Providers with whom we may share Your information. You further understand that such Financial Service Providers may contact You via email, telephone/mobile device, and direct mail to assist You in obtaining the requested loan. Financial Service Providers, the Company, and/or third-party marketing partners may also provide You with information about additional services and products that may interest You.
Financial Service Providers may verify Your Social Security number, conduct credit checks with reporting bureaus, review Your information against national consumer transaction databases, and/or obtain consumer reports through alternative providers. The Company does not guarantee that You will be connected with a Financial Service Provider.
The Company does not endorse, recommend, or guarantee the loan availability, price, product, availability, rates, fees, or any other loan terms offered by Financial Service Providers. Nor do we guarantee that this is the most suitable loan for You in the current marketplace. By submitting Your information to us, You explicitly agree to permit Financial Service Providers to verify and investigate the information You have provided.
If You are connected with a Financial Service Provider, You understand that the Company is not a party to any agreement between You and the Financial Service Provider and that we have no involvement in the registration process. All loan terms are those of the Financial Service Provider. The Financial Service Provider is solely responsible for its services to You, and Your communications with the Financial Service Provider are subject to such Financial Service Provider's terms, conditions, and privacy practices. You acknowledge that Financial Service Providers may retain the information You provide, regardless of whether You ultimately qualify for a loan. Please direct all questions, comments, or concerns regarding Your loan to the Financial Service Provider.
Authorized Use
You are authorized by the Company to use this Site and display its content, but solely for Your personal, non-commercial use as specified elsewhere herein and only as permitted by law. All other uses are strictly prohibited. Such prohibited uses include, but are not limited to, the reproduction, duplication, copying, sale, resale, or other exploitation of any material, use, or access to this Site, for any commercial purpose.
Proprietary Rights
The content, arrangement, organization, and design of this Site are protected under copyright, trademark, and related intellectual property laws of the United States. You do not acquire any ownership interest in or to any such content, arrangement, organization, or design by or through Your access to this Site or use of the Company's services. Any reproduction, duplication, copying, sale, resale, or other exploitation of the content, arrangement, organization, and design of this Site is strictly prohibited.
Disclaimer of Warranties
THIS SITE AND THE COMPANY'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE ACCESSED AND USED AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, THE COMPANY MAKES NO WARRANTIES (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, VERBAL OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE COMPANY'S SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE COMPANY'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR, THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE COMPANY'S SERVICES OR RELATED SOFTWARE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY THIRD PARTY'S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND ACCEPTS NO RESULTING LIABILITY WHATSOEVER THEREFOR. THE COMPANY HAS NOT REVIEWED ANY THIRD PARTY SITES THAT MAY BE LINKED TO THIS SITE. YOUR ACCESS TO AND USE OF SUCH THIRD PARTY SITES AND ANY THIRD PARTY PRODUCTS OR SERVICES IS DONE AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF THE COMPANY'S SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF THE COMPANY'S SERVICES—WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE—IS LIMITED TO THE AMOUNT PAID BY YOU—IF ANY—FOR YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF THE COMPANY'S SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Marketing Materials
By providing your information on the Site, You are giving Your express consent to receive promotional materials from the Company, Financial Service Providers, and/or third-party marketing partners with whom we may share Your information. You further understand that such communications may be via email, telephone/mobile device, and direct mail. If You do not wish to receive such marketing materials and/or communications, You may request to be removed by using the relevant opt-out mechanism in such communications.
Third Parties and Third Party Websites
This Site may contain links to third-party websites. The inclusion of links to third-party websites does not constitute an endorsement of or recommendation for such third-party websites or anything contained therein. Such links to third-party websites are provided for reference and convenience only. Because the Company does not have control over third-party websites or anything contained therein, You agree the Company is not responsible or liable for Your access to or use of such third-party websites. Any access to or use of such third-party websites is done at Your own risk.
Your interaction with third parties, including, without limitation, Financial Service Providers, along with any and all terms and conditions in conjunction therewith, are solely between You and the third party. The Company is not responsible for any loss or damage of any sort incurred as the result of any such dealings.
Electronic Communications/Notices and Information Delivered Electronically
Financial Service Providers, the Company, and/or third-party marketing partners may choose to electronically deliver all information related to its services and your requests. Financial Service Providers, the Company, and/or third-party marketing partners' electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of Financial Service Providers, the Company, and/or third-party marketing partners.
You agree to receive all current and future notices, disclosures, communications, and information, and to conduct business electronically with Financial Service Providers, the Company, and/or third-party marketing partners. This means that Financial Service Providers, the Company, and/or third-party marketing partners may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Financial Service Providers, the Company, and/or third-party marketing partners. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
Technical Requirements to access and retain information and notices we send or make available to you electronically, you will need:
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting the Company by emailing [email protected].
Disputes; Choice of Law; Venue
Any dispute arising out of Your access to or use of this Site, or Your use of the Company's services, shall be governed by the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions. Should a dispute arise out of Your access to or use of this Site, or Your use of the Company's services, the Company expressly reserves the option to require You to first submit the dispute for resolution by binding arbitration before the American Arbitration Association in Los Angeles, California, in accordance with the then existing Commercial Arbitration Rules. ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. AS A RESULT, YOU WAIVE YOUR RIGHT TO ASSERT OR DEFEND YOUR RIGHTS IN COURT IN FRONT OF A JUDGE OR JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. The arbitrator shall not have the authority to award any damages which exceed the compensatory damages' actual amount, or the authority to multiply any of the actual damages claimed. Furthermore, the arbitrator shall be prohibited from awarding any incidental, consequential, special, exemplary, or punitive damages; and You waive the right to any claim involving these prohibited damages. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. The Company may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Los Angeles County, California, in lieu of and despite the alternative dispute resolution provision contained herein. If You do not wish to be bound by this arbitration clause, You must notify the Company in writing within ten (10) days after assenting to the terms herein or Your rejection of arbitration will not be effective. You must send such a request to: Ameriadvance.com. Your request must include Your first and last name, email address, the website address of the website You request the opt-out of, Your telephone number, and the statement "I reject the arbitration clause stated in Company's Website Terms and Conditions." If the alternative dispute resolution provision contained herein is unenforceable or does not apply for any reason, any legal claim arising out of Your access to or use of this Site or Your use of the Company's services must be brought in the federal or state courts located in Los Angeles County, California. Notwithstanding any applicable statute or law to the contrary, You agree that any claim arising out of Your access to or use of this Site, or Your use of the Company's services, must be brought within one (1) year after the cause of action arises, otherwise such claim or cause of action is forever barred.
Export Control
Neither the products, services, nor underlying software of this Site may be downloaded or otherwise exported: (a) into (or to a national resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or, (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using the Company's services, You warrant that You are not located in, under the control of, or a national resident of, any such country or on any Restricted List.
Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders, and/or other partners, harmless from and against any and all liability, loss, damages, expenses (including reasonable attorneys' fees), claims, actions, suits, and proceedings arising out of or related to: (a) Your use of this Site or the Company's services; (b) Your breach of these Terms & Conditions of Use; and/or (c) any dispute between You and any third party. The provisions of this paragraph are for the benefit of the Company, its parents, subsidiaries, and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders, and/or other partners. Each of these individuals or entities shall have the right to assert and enforce this provision directly against You on its own behalf.
Entire Agreement
These Terms & Conditions of Use set forth the entire understanding and agreement between You and the Company with respect to the subject matter hereof, and supersede any and all prior or contemporaneous agreements. The Company's failure to enforce any provision of these Terms & Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Modification
The Company reserves the right to modify these Terms & Conditions of Use or any additional terms that apply to this Site or the Company's services at any time. Any such modifications shall take effect immediately. Any use by you of the Site or the Company’s services offered in or through the Site shall be deemed to constitute acceptance of such changes.
Non-Waiver; Severability
The failure of the Company to enforce any provision in these Terms & Conditions of Use, or to exercise any right outlined herein, shall in no way be deemed as a waiver of this right or the ability to enforce any of the terms and conditions contained herein. If any provision contained in these Terms & Conditions of Use is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision shall be severed and the remaining provisions of these Terms & Conditions of Use shall remain in full force and effect.
Headings
The headings for sections contained herein are for convenience only and shall not affect the meaning of the provisions of these Terms & Conditions of Use.
Payday Seek is not a loan provider. Our system checks multiple loan providers to find the best loan to fit the needs of the applicant. There are no additional costs for using our service.
Please be aware that loan match and size are not guaranteed.
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