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Terms and conditions

TERMS OF USE

HolidayLoans4U.com advertises third party services, as an Internet search engine available through referral from this Web site, or other Web sites. By accessing or using the services, you indicate your consent to be bound by the Terms of Use.

Services

The services on this web site act as your search engine and advertising for financial service companies and providers of information. HolidayLoans4U.com uses reasonable efforts to ensure the availability of the information and content, including links, which it makes available through the services. However, the services are composed of content not offered by HolidayLoans4U.com. HolidayLoans4U.com does not control the quality, safety or legality of items available through its advertisers’ web sites or sites of third parties, the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the services), or the availability or technical capabilities of their Web sites or links to those Web sites. HolidayLoans4U.com is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. HolidayLoans4U.com does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the services, HolidayLoans4U.com is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers and/or services.

Disclaimer of Warranties

The services are provided “as is,” without warranty of any kind. HolidayLoans4U.com disclaims any warranties, express or implied, including any warranties of title, non-infringement, merchantability or fitness for a particular purpose. HolidayLoans4U.com’s Potential Liability for the services is limited. Neither HolidayLoans4U.com nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will be liable to you for any indirect, incidental, special or consequential damages arising out of use of the services, or inability to gain access to or use the services. HolidayLoans4U.com will not be liable for any material of web sites it links to as part of the services or for information contained in or part of the services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of HolidayLoans4U.com, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by such state law.

Privacy and Data Collection

HolidayLoans4U.com does not collect personally identifying information from users of the services unless users have explicitly given such information to HolidayLoans4U.com (for example, when becoming an advertiser or when sending us an email with a question or as part of a contest). HolidayLoans4U.com information practices are further described in its privacy policy.HolidayLoans4U.com privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with HolidayLoans4U.com (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. You should consider any communication that you transmit to HolidayLoans4U.com (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that HolidayLoans4U.com will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient. HolidayLoans4U.com reserves the right to share your identifiable information with third party partners for the purpose of providing you with the best resources for loans, financial and related services. HolidayLoans4U.com reserves the right to share your information with a 3rd party for email marketing, telemarketing, direct mail, SMS texts messages.

Control over Features, Functions, and Access to the Services
HolidayLoans4U.com reserves the right to change any information, features and functions of the services without prior notice. HolidayLoans4U.com may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that HolidayLoans4U.com determines, in its sole discretion, violate this Agreement, the rights of HolidayLoans4U.com or any third party, or is otherwise inappropriate.

Choice of Law, Waiver, and Claims

This Agreement shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. HolidayLoans4U.com failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or the services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Georgia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or HolidayLoans4U.com may seek any interim or preliminary relief from a court of competent jurisdiction in Georgia, as necessary to protect the rights or property of you or HolidayLoans4U.com.

Notice

You may direct any questions concerning this Agreement to: HolidayLoans4U.com 142 Flagstone Way, Acworth, Georgia 30101.

Amendment

HolidayLoans4U.com may amend this Agreement at any time by posting the amended terms on its Web site. All amended terms are automatically effective immediately, upon posting.

Teletrack Disclosure
Users agree to allow a search of the Teletrack database. The Teletrack database is a national database of consumers and contains information about transactions with lending institutions.

Notices and Disclosures

NOTICE: We adhere to the Patriot Act and we are required by law to adopt procedures to request and retain in our records information necessary to verify your identity.

NOTICE: A short term loan provides the cash needed to meet an immediate short-term cash flow problem. It is not a solution for longer term financial problems for which longer term financing may be more appropriate. You may want to discuss your financial situation with a nonprofit financial counseling service in your community. You will be charged additional fees if you renew the loan.

Arbitration of All Disputes
You and we agree that any and all claims, disputes or controversies between you and us, any claim by either of us against the other (or the employees, officers, directors, agents, servicers or assigns of the other) and any claim arising from or relating to your application for this loan, regarding this loan or any other loan you previously or may later obtain from us, this Note, this agreement to arbitrate all disputes, your agreement not to bring, join or participate in class actions, regarding collection of the loan, alleging fraud or misrepresentation, whether under common law or pursuant to federal, state or local statute, regulation or ordinance, including disputes regarding the matters subject to arbitration, or otherwise, shall be resolved by binding individual (and not joint) arbitration by and under the Code of Procedure of the National Arbitration Forum (“NAF”) in effect at the time the claim is filed. This agreement to arbitrate all disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide Web at www.arb-forum.com, by telephone at 800-474-2371, or at “National Arbitration Forum, P.O. Box 0191 , Minneapolis , Minnesota 55405 .” Your arbitration fees will be waived by the NAF in the event you cannot afford to pay them. The cost of a participatory hearing, if one is held at your or our request, will be paid for solely by us and will take place at a location near your residence. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered by any party in any court having jurisdiction.

NOTICE: YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.

Agreement Not To Bring, Join Or Participate In Class Actions
To the extent permitted by law, you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us, our employees, officers, directors, servicers and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs we incur in seeking such relief. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring, join, or participate in class actions is an independent agreement and shall survive the closing and repayment of the loan for which you are applying. By submitting this Application you certify that all of the information provided above is true, complete and correct and provided to us for the purpose of inducing us to make the loan for which you are applying. You also agree to the Agreement to Arbitrate All Disputes and the Agreement Not To Bring, Join Or Participate in Class Actions. You authorize us to verify all information that you have provided and acknowledge that this information may be used to verify certain past and/or current credit or payment history information from third party source(s). We may utilize Check Loan Verification or other similar consumer-reporting agency for these purposes. We may disclose all or some of the nonpublic personal information about you that we collect to financial service providers that perform services on our behalf, such as the servicer of your short term loan, and to financial institutions with which we have joint marketing arrangements. Such disclosures are made as necessary to effect, administer and enforce the loan you request or authorize and any loan you may request or authorize with other financial institutions with regard to the processing, funding, servicing, repayment and collection of your loan.

In addition, HolidayLoans4U.com or its affiliates, may send you email containing information about loans or other products that may be of use to you.

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