Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site constitutes your agreement to be bound by this Agreement. The “Site” means all the content, services and products available on the websites, applications, emails, widgets or other media through which you accessed this Agreement.
STL(cartitleloansla.com or “SwiftCarTitleLoans”) may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. From time to time, we also may change, move or delete portions of, or may add to or discontinue, temporarily or permanently, our Site and/or any of these Terms, with or without notice. We reserve the right to make changes to our Site and/or any of these Terms at any time. STL will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Site and/or any of these Terms.
- Services and Content Offered on the Site
The Site provides you with access to certain services, such as referrals to products, services and service providers that may be of interest to you (the “Site Services”), and to certain content provided by us or by third parties (the “Site Content”). PLEASE READ THE FOLLOWING CAREFULLY:
No Guarantee of Loan or Credit. We cannot and do not guarantee that you will be matched to any Loan Provider, that any Loan Provider will make a loan or offer to you, or that any program terms including any specific loan terms or rates, offered by the Loan Providers are the best terms or lowest rates available in the market. A Loan Provider’s offer may be subject to market conditions, approval and qualification. The rates and fees may be higher or lower depending on your complete credit and financial profile. You may have to complete an application with, the Loan Provider before they extend an offer to you or provide that Loan Provider with additional information to enable them to further verify your income.
Transfer of Your Information. In submitting a Request to be matched on the Site, you agree to allow us to transfer all of your information, including your full Social Security number, in connection with your Request to matching Loan Providers. If any Loan Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing, and the Loan Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service. Please notify the Loan Provider(s) directly if you no longer wish to receive communications from them.
In submitting a Request to be matched with Loan Providers, you further expressly authorize any Loan Providers with whom you are matched to share among its affiliates, loan servicers, and bank partners any transaction history related to your financial products or services received or serviced through such Loan Provider for the limited purpose of evaluating you for credit.
No Endorsements or Recommendations. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Loan Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Loan Provider. In addition, once we refer your Request to the Loan Providers, STL has no further involvement in any transactions that occur between you and the Loan Provider(s). STL neither recommends nor endorses any specific products, opinions, or other Site Content that may be made available through or mentioned on the Site.
STL IS NOT RESPONSIBLE OR LIABLE FOR ANY LOAN PROVIDER’S ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH LOAN PROVIDER MAY PROVIDE, FOR ANY LOAN PROVIDER’S CONTACTING OR FAILURE TO CONTACT YOU, FOR ANY LOAN PROVIDER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY LOAN PROVIDER.
No Substitute for Professional Advice. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Site Content or Site Services available through the Site. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Site.
- Applicable Laws and Jurisdiction
This Site and these Terms and Conditions are governed by the laws of the State of California without giving effect to any principles of conflict of laws. If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby.
- Disclaimer of Warranties
THIS SITE IS PROVIDED BY STL “AS IS.” STL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT STL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM STL ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
STL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold STL harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your violation of any of these Terms.
- Dispute Resolution
Agreement on Dispute Resolution: In consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and STL agree that any controversy, claim, or dispute arising out of, relating to, or in regard to the use of this Site, or a breach of any of the Terms (individually and collectively referred to herein as a “Dispute”), shall be resolved solely and exclusively in accordance with the terms of this Dispute Resolution Agreement. You should review this Dispute Resolution Agreement carefully.
No Lawsuits Except for Small Claims Court Action and No Class Actions: In the event of a Dispute, except for the limited proceedings identified in and permitted by this Dispute Resolution Agreement, you agree that you will not file or participate in any lawsuit or other proceeding brought against STL, whether on an individual basis or as a class action, including any class arbitration or other proceeding brought in a purported representative capacity on behalf of the general public or other persons similarly situated.
Informal Dispute Resolution Requirements: You and STL agree to attempt to informally resolve any Dispute in accordance with these Informal Dispute Resolution Requirements. Before you commence an arbitration proceeding (“Arbitration”) against STL or exercise your Small Claims Court option as described herein, you agree to try to resolve the Dispute informally by contacting us by email at email@example.com. We will then communicate with you by telephone or email to try to resolve the Dispute. If the Dispute has not been resolved to your satisfaction within 30 days of the date you first contact us (“the Dispute Resolution Period”), at the expiration of Dispute Resolution Period, you may exercise your Small Claims Court option for a period of 30 days thereafter or commence Arbitration as set forth below. If the dispute has not been resolved to STL’s satisfaction by the end of the Dispute Resolution Period and you do not exercise your Small Claims Court option within 30 days thereafter, STL may commence arbitration.
Your Right to File an Action in Small Claims Court in California: For all Disputes that fall within the dollar limits of Small Claims Court in in the California county in which you reside, you and STL agree you have the right to resolve that Dispute by filing an action against us in Small Claims Court in that county within 30 days of the expiration of the Dispute Resolution Period and pursuing that action to judgment in lieu of participating in Arbitration as described below.
Arbitration Requirements and Waiver of Right to Court Action and Jury Trial: If you and STL are unable to resolve the Dispute through the Informal Dispute Resolution Requirements set forth above and the time set forth above for you to file an action in Small Claims Court has expired, the Dispute shall be shall be resolved solely and exclusively through individual (non-class) binding arbitration before one arbitrator. The arbitration shall be commenced and conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules including Supplementary Procedures for Consumer-Related Disputes (“AAA Arbitration Rules”) except in any instance in which the AAA Arbitration Rules conflict with this Dispute Resolution Agreement, in which case this Dispute Resolution Agreement shall control. You and we further agree that either of us may commence Arbitration, the arbitrator shall be appointed as provided in the AAA Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and STL waive any rights to use any other available procedures, including a court action, to resolve any Dispute, and waive any right to a jury trial for any Dispute.
Discovery; Arbitration Location; Arbitration Fees; Authority of Arbitrator: Consistent with the expedited nature of arbitration, each party will, within forty-five (45) days of the written request of the other party, provide the other party with copies of documents on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. The place of the arbitration shall be in Los Angeles County, CA, unless the parties agree otherwise in writing. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether a Dispute is subject to arbitration. The arbitrator has the authority to decide all issues of arbitrability, including where a party raises a defense to arbitration. The arbitrator may determine how the costs and expenses of the arbitration shall be allocated between the parties, but attorney’s fees shall not be awarded or considered a cost or expense of the arbitration. The arbitrator shall have no right or authority to award attorney’s fees or any exemplary or punitive damages.
Applicability of Federal Arbitration Act: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and you and STL agree that the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16 shall apply to its construction, interpretation, enforceability and enforcement.
- Site Access
You may only use the Site if you live in the United States and are at least 18 years old. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site, without notice or penalty. STL does not charge users for use of the Site, and does not charge any fee to users upon successful completion of a personal loan.
- Consent to Contact
By choosing to apply for a loan product through the Site, you consent to be contacted by the lenders in our network via email or telephone. Once your information is submitted to these lenders, any request to opt-out or unsubscribe from their communications must be directed to them.
You hereby authorize the third-party lender you are matched with to share among its affiliates, loan servicers, and bank partners any transaction history related to your financial products or services received or serviced through the third-party lender for the purpose of evaluating you for credit.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting and selling STL products and services available in the United States. STL grants you a limited, royalty free license (the “License”) to access and make personal use of this Site pursuant to the Terms stated herein. This License does not include any:
- RESALE OR COMMERCIAL USE OF THIS SITE OR ITS CONTENTS;
- COLLECTION AND USE OF ANY PRODUCT OR SERVICE LISTINGS, DESCRIPTIONS, OR PRICES;
- DERIVATIVE USE OF THIS SITE OR ITS CONTENTS;
- DOWNLOADING OR COPYING OF ACCOUNT INFORMATION FOR THE BENEFIT OF ANOTHER MERCHANT; OR
- USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of STL without its prior express written consent. You may not use any metatags or any other hidden text utilizing the STL name or trademarks without its prior express written consent. Any unauthorized use terminates the License granted by STL. You are granted a limited, revocable, and nonexclusive License to create a hyperlink to the home page of STL so long as the link does not portray STL or its product or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any STL logo or other proprietary graphic or trademark as part of the link without its prior express written consent. You may not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
- Notices or Communications
Notices or communications required or permitted by this Agreement shall be deemed given upon receipt of the emailed version thereof. Notices or communications to STL shall be emailed to firstname.lastname@example.org. Notices or communications to you shall be emailed to the email address you provide to us.
This Agreement is effective unless and until terminated by STL. STL may terminate this Agreement at any time and may do so immediately without notice, and may deny you access to the Site if, in its sole discretion, you fail to comply with any Term of this Agreement. Upon any termination of this Agreement by STL, you must promptly destroy and cease all use of all copies of all Content and other materials downloaded or otherwise obtained from this Site.