Last Updated: December 1, 2023
20. OTHER TERMS
Inc. and the companies in which The Savings Group, Inc. directly or indirectly owns a majority interest, commonly called “subsidiaries,” including but not limited to, AUTOPAY Direct, Inc. d/b/a AUTOPAY, RateGenius Loan Services, Inc. d/b/a RateGenius, Innovative Funding Services Corporation d/b/a Tresl.
THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THIS AGREEMENT PRIOR TO USING OUR WEBSITE OR SUBMITTING A LOAN APPLICATION. YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS IF YOU VIOLATE THIS AGREEMENT. BY CLICKING ON LINKS WITHIN THE WEBSITE OR WEBPAGES BEYOND THE WEBSITE’S HOMEPAGE, CLICKING ON A BOX OR ICON, SUBMITTING A LOAN APPLICATION, OR DOWNLOADING OR USING A MOBILE APPLICATION, YOU ACCEPT AND AGREE WITH THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THE TERMS IN THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR SUBMIT A LOAN APPLICATION.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. This Agreement contains a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below, you agree that disputes between you and us regarding your use of the Website or the services provided on the Website will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. For more details, please see below.
THIS AGREEMENT ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. These provisions form an essential basis of our bargain. In addition to this Agreement, your use of certain services may be governed by additional terms and conditions. We can change, update, add, or remove provisions of this Agreement at any time by posting the updated Agreement on the Website. You waive any right you may have to receive specific notice of such changes to this Agreement except for changes to our agreement to arbitration, which is discussed more fully below. Your continued use of the Website or services offered in or through the Website after we have updated this Agreement shall be deemed to constitute acceptance of the then-current Agreement.
In addition to this Agreement, your use of our services may be governed by additional agreements.
2. SERVICES PROVIDED
We operate a technology driven loan and product matching system whereby consumers are able to apply to finance, purchase or refinance their vehicles and be considered by multiple lenders who may offer credit and options for ancillary products related to the loan or vehicle. We also provide origination fulfillment services for approved loan offers including, but not limited to, communication of the offer, documentation collection and preparation, and lien perfection. In most cases, we are not the lender or affiliated with the lender, however, we may offer loans in certain states through a licensed subsidiary. On a limited scale, we also provide claims administrations for certain loan products.
3. SUBMITTING A LOAN APPLICATION
By submitting an application, you represent that you have read, understand, and agree to the following. If a joint application is filed, these apply to each of the applicants equally:
- You represent that the information that you provide in the application process and any information that you may be required to provide in the future is and will be true, accurate, current, and complete.
- You represent that you are over the age of 18 and have the power and authority to enter into and perform your obligations under any credit arrangement that may be offered;
- You acknowledge that you may withdraw your application at any time prior to executing any loan agreement;
- You authorize us to pull your credit report and obtain related information about you from one or more consumer reporting agency for the purpose of evaluating your credit options for financing your vehicle through our network of lenders, lending partners and third parties (“Lender Network”);
- You consent to the sharing of the information you have provided in the application and related information about you obtained by us with one or more parties in the Lender Network;
- You authorize any party in the Lender Network, to which we have submitted your application for credit, to pull your credit report and obtain related information about you from one or more consumer reporting agency in order to evaluate your application;
- You acknowledge that we and any party in the Lender Network may retain your loan application information in order to comply with certain federal and state laws and regulations;
- You agree and acknowledge that any information provided to you by us is for reference and informational purposes only and cannot be construed as any form of guarantee that any mentioned results will be achieved. You agree and acknowledge that any statements we make do not constitute a personal recommendation, a professional opinion, or financial, legal, or any other type of advice, is not binding, and has not considered all of the specific circumstances, metrics, and/or objectives that apply to you. You acknowledge and agree that you are responsible for your own financial research, decisions, and actions. Your use of any information and/or materials from us is entirely at your own risk, and we cannot be held liable or responsible for any decision or action you take or authorize any third party to take on your behalf based on information you receive from us while using our Website;
- You acknowledge that we do not guarantee that that you will meet the approval criteria or creditworthiness for any particular offer or that a lender will make you an offer to finance your loan;
- You acknowledge that we do not guarantee that a lender will finance your loan at specific terms and conditions, including a specific interest rate or APR;
- You acknowledge that we are not responsible for any errors or delays related to your application caused by incorrect information provided by you or other technical problems beyond its reasonable control;
- You may consent to receive notices electronically and agree to receive such notices at our Website. These notices may include privacy notices and information required by state and federal law, including the Equal Credit Opportunity Act;
- You acknowledge that the services offered by us are available only to residents of, or secured by collateral located in, those states where we are licensed (if licensing is required) and those states where any party in the Lender Network are licensed or authorized to make such loans; and
4. CUSTOMER COMMUNICATIONS
5. CONSUMER NOTICES BY STATE
Notice to California Residents: If married, you may apply for credit separately as an individual.
Notice to Maine Residents: You must have physical damage insurance covering loss or damage 1.0 the vehicle for the term of any loan. You may buy this insurance from anyone you choose. You do not have to buy it from someone affiliated with the lender. Your choice of insurance will not affect the credit approval process unless the insurance does not satisfy the contract requirements or the insurance company does not satisfy the reasonable standards of the dealer or an assignee of the contract.
Notice to New Hampshire Residents: If this is an application for a balloon contract, you are entitled to receive, upon request, a written estimate of the monthly payment amount that would be required to refinance the balloon payment at the time such payment is due based on your current refinancing programs. A balloon contract is an installment sale contract with a final scheduled payment that is at least twice the amount of one of the earlier scheduled equal periodic installment payments.
Notice to New York Residents: Consumer reports may be requested in connection with this application. Upon request, you will be informed whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished the report. Additional consumer reports may be requested with respect to any extension or renewal of this obligation.
Notice to Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Notice to Rhode Island Residents: Credit Reports may be obtained in connect ion with this application for credit.
Note to Vermont Residents: You authorize us and any financial service provider with whom this application is shared, to obtain credit reports to evaluate your credit application. If your application is approved and credit is granted, you also authorize all parties granting credit, holding and/or servicing your account, to obtain additional credit reports in connection with your account, as permitted by law.
Notice to Wisconsin Residents: The interest of the creditor will not be adversely affected by a provision of a marital property agreement, a unilateral statement under Wisconsin Statutes § 766.59 or a court decree under Wisconsin Statue § 766.70, unless you furnish a copy of such agreement, statement or decree to the creditor, or the creditor has actual knowledge of such provision before credit is granted.
6. ELECTRONIC DOCUMENT POLICY
Please read this Electronic Records Disclosure and Agreement carefully and keep a copy for your records. DISCLOSURE REQUIRED BY FEDERAL LAW.
ELECTRONIC RECORDS DISCLOSURE AND AGREEMENT
Electronic Copy of Related Disclosures, Agreements, and Instructions. In order to speed up the loan application process, with your consent, we, our network of lenders, lending partners, and third parties (“Lender Network”) will provide you with the following information electronically, rather than by postal mail or in person:
- A loan application and all related disclosures required by applicable federal and state law for the loan you have selected; and
- Information and instructions about any additional services that you select during the application process.
Your Consent is Required. You must consent to receiving the related legal disclosures, agreements, and instructions before they can be provided to you electronically. Your consent will only apply to the loan and related products you have selected and their related legal disclosures, agreements and instructions. You will not be consenting to receiving other electronic records or disclosures at this time.
Paper Copy of Disclosures, Agreements and Instructions. If you do not want to receive the legal disclosures, agreements and the instructions electronically, you should exit this area of our website. If you consent to receive the disclosures, agreements and instructions electronically, you can also request a paper copy of the related legal disclosures, agreements and instructions.
Withdrawal of Consent for Electronic Delivery. You may withdraw consent for electronic delivery of legal disclosures, agreements, instructions, and communications, but doing so will not affect the legal effectiveness, validity or enforceability of electronic records that were made available to you prior to the implementation of your withdrawal of consent for electronic delivery.
In the event that you withdraw your consent for electronic delivery, We will no longer be able to communicate with you electronically. To withdraw consent to electronic delivery, you must either: (i) write to us at The Savings Group, Customer Service, 9300 United Drive, Suite 180, Austin, TX 78758; (ii) use a method that may be available to you at The Savings Group websites www.rategenius.com or www.autopay.com or www.mytresl.com (iii) contact RateGenius Customer Service at 866-728-3436, or AUTOPAY Customer Service at 844-276-3272, or Tresl Customer Service at 888-618-6534.
Updating Your Contact Information. To provide updated information on how we may contact you electronically, you must either: (i) write to us at The Savings Group, Customer Service, 9300 United Drive, Suite 180, Austin, TX 78758; (ii) use a method that may be available to you at The Savings Group website where your information was submitted: www.rategenius.com; www.autopay.com; ifs4u.com; or mytresl.com or (iii) contact RateGenius Customer Service at 866-728-3436; AUTOPAY Customer Service at 844-276-3272, or Tresl Customer Service at 888-618-6534.
System Requirements to Access the Information. To receive an electronic copy of the legal disclosures, agreements, and instructions related to your loan and any related products, you must have the following equipment and software:
- You must have a personal computer or other access device that is capable of accessing the Internet (e.g., you must have a modem and available phone line, a cable Internet connection or some other means of access to the Internet, and you must have an active account with an Internet service provider).
- You must have an Internet web browser that is capable of supporting 128-bit SSL encrypted communications, which requires a minimum web browser version of either Microsoft® Internet Explorer version 6.0 or Netscape Navigator® version 4.73, and your system must have 128-bit SSL encryption software.
- You must have software that permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader® version 5.1 or higher, which is available for download at Adobe’s website.
System Requirements to Retain the Information. To retain a copy of the requested file, your system must have the ability to either download (e.g., to your hard disk drive or external drive) or print PDF files. You must have a functioning printer connected to your personal computer or other access device that is able to print the related legal disclosures, agreements, the instructions, communications, and online statements on plain white 8 1/2″ x 11″ paper.
Agreements and Acknowledgments. By submitting your application through our website, you represent that: (i) you have read, understand and agree to all of the provisions of this Electronic Records Disclosure and Agreement (the “Agreement”); and (ii) you represent that the Internet access device(s) you will use to receive this Agreement and related legal disclosures, agreements, instructions, communications and online statements meet(s) the system requirements to access information and to retain information as stated in the previous two sections.
Although not a part of this Agreement, to learn more about how we use and protect the privacy of users of the Website, please visit https://www.rategenius.com/privacy-policy/.
You agree and understand that the Website may not be accessible or may have limited utility over some mobile and internet networks, and that there may be browser or other technical limitations specific to an individual mobile device or computer that will limit or prevent access. We will use reasonable efforts to make the Website available for your use on a continuous basis. We do not guarantee functionality of the Website on all mobile devices or computers, on all communication networks, in all geographic regions, or at all times. The Website may also be temporarily unavailable for regular or emergency system maintenance. We reserve the right to schedule these maintenance periods at any time and without advance notice to you.
9. RESTRICTIONS ON USE
You may only use the Website for the purposes expressly permitted in this Agreement. You agree that you will not use or attempt to use the Website for any purpose other than conducting business with us as our bona fide client, prospective client, or business partner.
We reserve the right to terminate your ability to use the Website with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Website or to any other user of the Website. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet.
10. INTELLECTUAL PROPERTY
Trademarks, service marks, logos, emblems, slogans, designs and copyrighted works appearing on the Website are our property or the property of the party that provided them to us. We and those third parties retain all rights associated with any of the respective trademarks, service marks, logos, emblems, slogans, designs and copyrighted works appearing on the Website.
All content, webpages, source code, calculations, products, materials, data, information, text, screens, photos, video, music and sound, functionality, services, design, layout, screen interfaces, “look and feel”, design, functionality, and the operation of the Website (collectively “Content”) is our proprietary information or the proprietary information of the party that provided or licensed the Content to us, and is protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks. All rights associated with the Content are owned by us, our licensors, or our content providers. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of Content will be permitted without our express, authorized written permission and/or the express, authorized written permission of the copyright owner.
The availability of any Content through the Website shall under no circumstances constitute a transfer of any copyrights, trademarks, or other intellectual property rights. You do not acquire any license or ownership rights by downloading or viewing any Content or by any other means. You will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Content.
11. STATEMENTS FROM THIRD PARTIES
Some of the services available on our Website may involve statements from third parties and third-party content, including statements and content from parties in the Lender Network. You acknowledge and agree that any such statements and content is provided only for reference and informational purposes only and cannot be construed as any form of guarantee that any mentioned results will be achieved. You agree and acknowledge that any statements made by third parties and any third-party content, including, without limitation, any statements made by and content you receive from any party in the Lender Network, do not constitute a personal recommendation, a professional opinion, financial, legal, or any other type of advice, is not binding, and has not considered all of the specific circumstances, metrics, and/or objectives that apply to you. You acknowledge and agree that you are responsible for your own financial research, decisions, and actions. Your use of any information and/or materials you receive from third parties, including, without limitation, any party in the Lender Network, is entirely at your own risk, and we cannot be held liable or responsible for any decision or action you take or authorize any third party to take on your behalf based on information you receive from a third party, including, without limitation, from any party in the Lender Network, while using our Website.
12. LINKS TO THIRD-PARTY WEBSITES
We reserve the right, but do not have an obligation, to monitor use of the Website. In addition, we reserve the right to collect, maintain, indefinitely store, and use (at our sole discretion and without limitation and in compliance with applicable law and our applicable privacy policies or notices) any or all data from your use of or interaction with the Website including, but not limited to data input by you and analytical data on the functioning, operation, use, and use patterns on, with, and of the Website. By your use of the Website, you acknowledge, understand, and agree that we are not obligated to monitor, collect, store, maintain, or return any data from your use of or interaction with the Website and shall not have any liability for the failure to do so.
As a condition of use of the Website and our services, you agree to hold harmless, defend, and indemnify us and our affiliates, and all of our and our affiliates, vendors, licensors, employees, officers, directors, agents and representatives, from and against any and all liabilities, expenses (including attorneys’ fees), losses, and damages arising out of claims resulting from your use of the Website, including without limitation any claims alleging facts that if true would constitute your breach of this Agreement or any provision herein, including any use of Content other than as expressly authorized by this Agreement.
15. DISCLAIMERS OF WARRANTIES
The Website, including all Content, additions, changes and/or improvements, are provided “as-is”. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through the Website.
To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Website. We make no representation or warranty regarding the content or operation of the Website, webpages, or use thereof. The webpages’ content on or available through the Website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication. We have no obligation to maintain the currency or accuracy of any webpage content on or available through the Website.
You acknowledge and agree that we are not, and shall not be, responsible for the results of any defects that may exist in the Website or their operation. We make no representation or warranty that: (i) the operation of the Website will meet your or any other user’s requirements; (ii) access to the Website will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (iii) any defects in the Website will be corrected. You agree that you, and not us, 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, visiting, or interacting with the Website.
16. TERMINATION OF USE
You acknowledge and agree that we may, at any time, in our sole discretion, limit, modify, suspend, or terminate your access, use of, or interaction with the Website with or without cause and with or without delivering notice or explanation to you. This right is in addition to all other rights and remedies available to us under this Agreement and those provided by law.
17. LIMITATION OF LIABILITY
Neither us nor our subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, officers or directors) shall be held liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury, harm, or damage arising out of or in any way connected with the use or the inability to use the Website or with the delay or inability to use the Website, or for any information, software, products and services obtained through the Website, including but not limited to reliance by you on any information obtained through or from the Website, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services, or otherwise arising out of the use of the Website, whether resulting in whole or in part, from breach of contract, tortious conduct, negligence, strict liability or otherwise, even if Company and/or our affiliates, vendors and/or licensors have been advised of the possibility of 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. However, in no event shall the collective total liability of our and our subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, or directors) to you for damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, in accessing, interacting with, or using the Website or any Content thereon in the 12 months preceding the event giving rise to the claim.
In no way does this Agreement require New Jersey consumers to waive any rights otherwise protected under the Truth-in-Consumer Contract, Warranty and Notice Act.
18. COPYRIGHT INFRINGEMENT
We are committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on our Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on our Website infringes a copyright, or any valid intellectual property right, please provide the following information to us:
- A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Website are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide this information to our Legal Department, who can be reached as follows:
The Savings Group, Inc.
Attn: Legal Department
9300 United Drive, Ste 180
Austin, Texas 78758
19. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and otherwise set forth herein, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Website, the services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple
persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A DISPUTE WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
You and we agree that your use of the Website involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (i) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (ii) the applicable statutes of limitations; and (iii) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
Notwithstanding anything to the contrary in this Agreement, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Agreement) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in the Agreement to which you agreed will continue to apply to you and us as if no amendments were made.
If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Website, the services, and any other actions with us.
You may reject this arbitration provision within thirty (30) days of accepting the Agreement by emailing us at email@example.com and including in the subject line “Rejection of Arbitration Provision.”
Without waiving the foregoing arbitration agreement, this Agreement and its provisions shall be construed, interpreted, governed, and applied in accordance with the laws of the State of California, excluding its conflict of law principles.
20. OTHER TERMS
You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations hereunder without consent.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in a legal proceeding based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.