American Advantage Solutions LLC, operating as American Advantage Solutions (referred to herein as "American Advantage Solutions" or "Company"), is pleased to offer our clients assistance with lending solutions. By accessing and using our website, you agree to comply with the following terms and conditions.
Your use of this website (the "Site") constitutes automatic acceptance of these terms and conditions. If you do not agree with these terms, please refrain from using our website. We reserve the right to make necessary modifications to our website at any time. Your continued use of the site signifies acceptance of any changes made. We hope you find our website to be a valuable resource for lending solution information.
CHANGES TO TERMS OF USE
We may periodically update the Terms of Use. Any changes will be posted on the Site, with the date of the last revision indicated at the top of this page. Your continued use of the Service or the Site following such changes indicates acceptance of the revised Terms of Use.
CALL RECORDING
You consent to being contacted on a recorded line by American Advantage Solutions, its agents, representatives, affiliates, or anyone calling on our behalf.
TERMS APPLICABLE TO ALL USERS: ELIGIBILITY, LICENSE, AND REPRESENTATION ELIGIBILITY:
GENERAL
The Site is intended for Users who are eighteen (18) years of age or older. Access to or use of the Site by any person under 18 is unauthorized and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 years of age or older and agree to abide by all terms and conditions. Violation of these terms may result in prohibition from accessing our Service or Site, at our discretion, with or without notice, including if we believe you are under 18.
HOUSEHOLD LIMITATION
Only one active loan per borrower may be outstanding at one time.
INACTIVE APPLICATIONS
Loan applications are canceled after 14 days of inactivity.
USER REPRESENTATION
You assure, warrant, and consent that no materials you submit, post, or share through the American Advantage Solutions Site will violate the rights of any third party, including copyright, trademark, privacy, or publicity. You agree not to harvest or collect email addresses or other contact information from the Service or the Site for unsolicited communications. Additionally, you agree not to use automated scripts to gather information from the Service or the Site for any other purpose. Furthermore, you agree not to use the Service or the Site unlawfully or in any way that could harm, disable, or impair the Site. You also agree not to use our Services or the Site to upload, post, transmit, share, or store any content that may be deemed harmful, threatening, unlawful, defamatory, or objectionable.
You agree not to impersonate any individual or entity, or provide false information about yourself, your age, or your association with any person or entity. Additionally, you agree not to upload, post, transmit, or share any unsolicited advertising, promotional materials, or solicitations. You further agree not to disclose any private information of third parties, such as addresses, phone numbers, or financial details. Soliciting personal information from individuals under 18 or attempting to obtain passwords or other identifying information for commercial or unlawful purposes is also prohibited. Moreover, you agree not to upload or share any material containing viruses or harmful code, or engage in any activity that may intimidate or harass other users. You shall not upload, post, or transmit any content that violates any laws or infringes upon the rights of others. Unauthorized use of another person's account or attempting to create a false identity on the site is strictly prohibited. Additionally, you agree not to upload or share any content that the Company deems objectionable or that may disrupt or inhibit others from using the site.
RESTRICTIONS ON USE OF OUR ONLINE MATERIALS
All materials available on the American Advantage Solutions Site, including but not limited to text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music, are protected by copyright and are considered intellectual property owned and controlled by American Advantage Solutions. Visitors to the site may download these materials for personal, non-commercial use only, provided they: 1) retain all copyright, trademark, and proprietary notices, 2) make no modifications to the materials, 3) do not use the materials in a way that implies association with any of our products, services, events, or brands, and 4) do not download large quantities of materials for reuse for commercial purposes. Without obtaining our written permission first, users may not copy, reproduce, republish, upload, post, transmit, or distribute these materials in any manner or for any other purpose. Users are also prohibited from adding, deleting, distorting, or misrepresenting any content on the American Advantage Solutions site. Any attempts to modify these materials or circumvent our security features are strictly prohibited.
Everything downloaded, including software, files, images generated by the software, and accompanying data, is licensed for personal, non-commercial home use only. American Advantage Solutions or third-party licensors retain full title and all associated intellectual property rights to the software. Users are not permitted to redistribute or sell the material or to reverse-engineer, disassemble, or otherwise convert it into any other form for use by others.
CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES: APPLIES TO ALL USERS
Because our company primarily operates online, it's essential for you to consent to conducting business with us electronically. This includes agreeing to receive various disclosures electronically, either through our website or to the email address you provide. By accepting the Terms of Use, you're agreeing to receive all documents, communications, notices, contracts, and agreements electronically, related to your use of our site and service, including any loans you request or receive, your borrower registration, loan applications, and the servicing of your loan if funded. This document outlines your rights regarding these disclosures.
ELECTRONIC COMMUNICATIONS
All disclosures will be delivered to you electronically via our website or to the email address you've verified. If you need paper copies of these disclosures, you can request them by writing to us at the address provided below. There may be a charge of up to $5.00 for each paper copy requested. Requesting a paper copy won't cancel your consent to receive disclosures electronically. We may stop providing electronic disclosures in compliance with federal and state record retention laws.
SCOPE OF CONSENT
Your agreement to receive disclosures and conduct transactions electronically, as well as our agreement to do so, applies to all relevant transactions between you and the Company. This consent remains valid as long as you are a User and continues until all disclosures related to transactions during your user period have been provided.
Before opting for electronic transactions with the Company, ensure you have the necessary hardware and software. You must have access to the internet, an email account capable of receiving internet-based emails, supported web browsing software, and hardware to run this software.
By providing your consent, you agree to receive calls, messages, and SMS messages from American Advantage Solutions, affiliates, agents, or others, at any provided telephone numbers, including cellular numbers. Your cellular provider's charges will apply.
For mobile device access, ensure you have software to print and save disclosures. If your device lacks these capabilities, access our site via a device that supports them.
You can withdraw your consent to receive disclosures electronically by contacting us at the address provided below. However, withdrawing consent will prevent you from submitting loan requests on our site. If you have a pending request, it will be terminated. For existing loans, agreed-upon terms will remain in effect, and disclosures will be sent to your verified home address.
For inquiries regarding electronic disclosures, contact us at the address provided below. Keep us informed of any changes to your email or home address to ensure timely receipt of disclosures. If your registered email address changes, update it on the site. Print a copy of this agreement for your records and acknowledge your ability to access, receive, and retain all disclosures electronically.
LIMITATION OF LIABILITY
American Advantage Solutions, LLC shall not be held liable for any damages or injuries arising from or associated with your usage of any of its websites.
Please be aware that American Advantage Solutions, LLC is not responsible for any damages or injuries resulting from, but not limited to:
Your use of, or inability to use, the site.
Your use of, or inability to use, any site linked from our site.
Our site's failure to perform as expected or desired.
Errors or omissions on our site.
Interruptions or unavailability of our site.
Defects or delays in our site's operation or transmission.
Computer viruses or line failures.
It's important to note that we are not liable for:
Damages intended to directly compensate someone for a loss or injury.
Damages expected to result from a loss or injury (known as "consequential damages").
Other incidental damages and expenses resulting
directly from a loss or injury (known as "incidental damages").
We are not liable even if we have been negligent or if our authorized representative has been informed of the possibility of such damages or both.
EXCEPTION
Certain state laws may not permit us to limit or exclude liability for these "incidental" or "consequential" damages. If you reside in one of those states, the limitations mentioned above may not apply to you.
PRIVACY
Please review the Site‘s Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
TERMINATION OF THIS AGREEMENT
This agreement remains effective until terminated by either party. You have the right to terminate this agreement at any time by disposing of all materials obtained from the American Advantage Solutions site, including related documentation, copies, and installations. American Advantage Solutions reserves the right to terminate this agreement at any time and without prior notice if, in its sole judgment, you violate any term or condition of this agreement. Upon termination, you are required to dispose of all materials. Additionally, while we provide material on our website, we do not guarantee that the materials will remain accessible to you. American Advantage Solutions reserves the right to terminate all or any part of its website without prior notice to you.
LINKS TO OTHER SITES
At times, we may offer referrals to and links to other websites on the World Wide Web from our site. However, such links should not be interpreted as an endorsement, approval, or agreement with any information or resources provided on those external sites. If you are uncertain, always verify the Uniform Resource Locator (URL) address in your internet browser to confirm whether you are still on an American Advantage Solutions-operated site or if you have been redirected to another site. American Advantage Solutions does not bear responsibility for the content or practices of third-party sites linked to our site. When we provide links or references to other websites, it does not imply any connection, operation, or control by American Advantage Solutions over these websites. Any approved link should not suggest, either explicitly or implicitly, that you have received endorsement, sponsorship, or support from any American Advantage Solutions site, or from American Advantage Solutions itself, including its employees, agents, or directors.
JURISDICTION AND OTHER POINTS TO CONSIDER
If you access our site from locations outside of the United States, you are accountable for complying with any relevant local laws. These Terms of Use will be governed by, interpreted, and enforced in accordance with the laws of the State of California, as applied to agreements entered into and performed entirely within that jurisdiction. In the event of any violation or threatened violation of American Advantage Solutions and/or its affiliates' intellectual property rights, American Advantage Solutions and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
INDEMNIFICATION
You agree to indemnify and hold harmless the Company, its subsidiaries, and affiliates, as well as each of their directors, officers, agents, contractors, partners, and employees, from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party. This provision shall not apply to Users while acting as an investor member or while registering as an investor member in connection with their (i) posting of User Content or (ii) use of the Site or Service.
DISPUTE RESOLUTION
In the event of a dispute under this agreement, we agree to attempt resolution with the assistance of a mutually agreed-upon mediator in Orange County, CA. Costs and fees associated with the mediation, other than attorney fees, will be shared equally by each party. If mediation fails to yield a mutually satisfactory solution, the dispute shall be submitted to binding arbitration in Orange County, CA, under the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court with jurisdiction.
MODIFICATION OF TERMS
American Advantage Solutions reserves the right to modify these Terms of Use, and the agreement they establish, at any time by updating this posting without notice to you. This constitutes the entire agreement regarding all matters discussed.
OTHER
The Company's failure to assert or enforce any right or provision of these Terms of Use does not waive that right or provision, whether in that instance or any other. Should any provision of these Terms of Use be deemed invalid, the remainder shall remain in full force and effect. If any provision is found to be unlawful, void, or unenforceable for any reason, it will be considered separate from these Terms of Use and will not affect the validity or enforceability of the remaining provisions.
