These Terms of Service affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials.
2. Eligibility/User Obligations
By installing, accessing, or using this Website, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website form. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of Americor, when using this Website. If you provide any false, inaccurate, untrue, or incomplete information, Americor reserves the right to terminate your access and use of this Website.
You may not access or use the Americor Website in any way that could or is intended to damage or impair the Americor Website, or any server or network underlying the Americor Website, or interfere with anyone else’s use and enjoyment of the Website.
Use of the Internet and this Website is solely at your own risk. While Americor has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the Website may involve transmission over various networks. Accordingly, Americor is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.
3. Intellectual Property Rights
Unless otherwise indicated, the Website Content is protected by applicable intellectual property laws and all content is owned by Americor or used by Americor under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Americor Website, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Website) are subject to the intellectual property rights of Americor, its subsidiaries and affiliates, and their respective licensors and licensees (collectively “Content”). The Content may not be copied, imitated, or used, in whole or in part, without the prior written permission of Americor or the applicable trademark holder. The Website and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Americor or the owner of the Content. All rights not expressly granted are reserved.
Any unauthorized commercial use of these materials will violate Americor’s intellectual property rights and will be subject to Americor’s full legal rights and remedies.
4. License Grant
Americor is granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Americor Website for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Americor Website. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website or its any Content therein so long as the link does not portray Americor, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your Website, page or content by Americor.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Website. You agree not to collect personally identifiable information of other users of the Website or to sell or otherwise exploit that information.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Americor Website and all Content contained therein are reserved and owned by Americor.
5. User Submissions or Feedback
From time to time, we may ask that you for your feedback on Americor’s Website and products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Americor, (b) become the property of Americor and Americor shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Americor licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Website or otherwise. Americor shall be under no obligation to respond to any such communication.
6. Third-Party Content and Links to Other Web Websites
8. Disclaimer of Warranties
WHILE AMERICOR WILL USE REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE ON THIS WEBSITE IS ACCURATE, UP-TO-DATE AND RELIABLE, THE AMERICOR WEBSITE AND ALL INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM AMERICOR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, AMERICOR DISCLAIMS ALL WARRANTIES REGARDING THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS WEBSITE FOR ANY PURPOSE. AMERICOR ALSO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL AMERICOR OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE AMERICOR WEBSITE OR ITS CONTENT, EVEN IF AMERICOR OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL AMERICOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY AMERICOR WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Dispute Resolution and Arbitration; Class Action Waiver
Please Read This Provision Carefully. It Affects Your Legal Rights.
YOU AND AMERICOR AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
12. Use of Websites and Content outside of the United States
Americor may provide you with notices by e-mail, regular mail or postings on any website. Notice will be deemed given twenty-four hours after e-mail is sent, unless Americor is notified that the e-mail address used is invalid. Alternatively, Amerior may give you legal notice by mail to a postal address, if provided by you through any website. In such case, notice will be deemed given three (3) calendar days after the date of mailing.
All notices to Americor must be made in writing and mailed to:
Americor Funding, Inc.
18200 Von Karman Avenue, 6th Floor
Irvine, CA 92612
Attn: General Counsel
14. Governing Law and Jurisdiction
17. Entire Agreement
19. Electronic Form
20. Term and Termination
21. Customer Service and Contact Information
Americor Funding, Inc.
18200 Von Karman Avenue, 6th Floor
Irvine, CA 92612