4.7
You understand and agree to resolve through final and binding arbitration all claims, disputes, or controversies arising from the Telephone Consumer Protection Act of 1991 ("TCPA"), or state law claims like the TCPA. You will arbitrate TCPA claims between you and AFC a location the arbitrator determines under these Governing Law and TCPA Arbitration provisions. The arbitrator, not the court, will resolve the issue of arbitrability. Any state or federal court with jurisdiction may enter judgment of any award that the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce, and the Federal Arbitration Act ("FAA") will govern its interpretation, application, enforcement, and proceedings. This arbitration agreement will survive the completion of any contract or transaction between you and AFC.
As the Governing Law provision indicates, the laws of the State of Colorado govern the enforceability of this arbitration provision as a contract, but not the scope of this provision. Neither you nor AFC may join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial for TCPA-related matters that will be arbitrated under these Terms of Use. You agree that any TCPA claims or other action(s) at law or in equity arising out of or concerning these Terms of Use or the use of this Site may be filed only in the state or federal courts located in Denver, Colorado, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating.
You agree that Colorado law governs and construes these Terms of Use, without giving effect to any principles of conflicts of law. You agree that any action(s) at law or in equity arising out of or concerning these Terms of Use or the use of this Site may be filed only in the state or federal courts located in Denver, Colorado, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating.
All content included on this Site is and will continue to be the property of AFC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of this content or any part of the Site is prohibited, except as these Terms expressly permit. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
You agree that if a court, administrative agency, legislature, or other entity with valid jurisdiction and authority finds that any provision of these Terms of Use are unlawful or void, or for any reason unenforceable, then that provision will be severable from the other provisions of these Terms of Use and will not affect the validity and enforceability of any other provisions.
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Site at the time you access this Site. Because these Terms of Use may change, we encourage you to refer often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Site are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract.
AFC may terminate these Terms of Use any time, with or without notice, for any reason
This Terms of Use constitutes the entire agreement between you and AFC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AFC with respect to this Site. Notwithstanding, you may also be subject to additional terms and conditions, posted policies (including the Privacy Policy), guidelines, or rules that may apply when you use the Site.
The failure of AFC to exercise or enforce any right or provision of this Agreement will not operate as a waiver of that right or provision. Any waiver of this Agreement by AFC must be in writing and signed by an authorized representative AFC.
You understand and acknowledge that AFC controls and operates this Site from within the United States of America. This Site provides information regarding services and products available to individuals 18 or older and in the United States only. AFC makes no representation that the services or products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state, and local laws applicable to your access to and use of this Site.
If you make any unauthorized use of this Site or violate the Terms of Use: (a) you may violate copyright and other laws of the United States, and applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to AFC. You agree to indemnify AFC and its affiliates, vendors, and licensors, and all AFC and its affiliate’s employees, officers, directors, agents, and representatives vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs concerning your use of this Sit or your breach/violation of or failure to comply with the Terms of Use.
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YOU ACKNOWLEDGE AND AGREE THAT AFC IS NOT, AND WILL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS SITE, AFC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFC MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT AFC, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL AFC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS, OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SITE CONTENT ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, OR CONCERNING THE USE OR PERFORMANCE OF ANY SITE CONTENT ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT AFC WILL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. BUT AFC'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NEVER EXCEED THE AMOUNT THAT YOU PAY, IF ANY, IN ACCESSING OR USING THIS SITE OR SITE CONTENT.
AFC will rely on information that you provide through inquiries, applications, or submissions of any kind. You agree to provide accurate, true, current, and complete information and notify AFC of any changes to information that you provide. You also agree for AFC to collect information from third parties including your bank, employers, current mortgage companies, and others.
By applying for credit, you are authorizing AFC to obtain a copy of your credit report. A "hard" inquiry may appear on your credit report, which may negatively affect your credit score.
If you are unresponsive to AFC for 30 days after submitting an application or otherwise communicating with AFC, it may consider your application withdrawn.
Once withdrawn for this or any other reason, AFC may require you to pay for third-party costs that it expended on your behalf.
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You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge
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