PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY ACCESSING OUR SITE OR USING THE SERVICES, OR BY CLICKING ON A BOX OR ICON, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICES AND MUST DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
Ownership of Site; Agreement to Terms of Use
This website is operated by DaveCredit. Throughout the site, the terms “we”, “us” and “our” refer to DaveCredit. DaveCredit offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or filling out an application, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Credit Report Verification
All applicants can be subject to a credit report verification. By filling out our application form, you agree/give us consent to verify your credit report. We do not solely rely on your credit history in order to make a decision on your file however this is one of the factors. A credit verification is the last step in our underwriting process in order to benefit the applicant.
Modifications
We may, from time to time, make modifications, changes or additions to these Terms. You agree that your continued use of the Site or Services following the posting of such changes is your acceptance of such changes. Interest rates, brokerage fees, as well as all other relevant fees for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, interest change, suspension or discontinuance of the Service.
Therefore, you should visit this page periodically to review any changes to the Terms.
Eligibility
The Services are not available to persons generally under the age of 18 (but note that the minimum age requirement may be higher in some states) or to persons who are not legal residents of the United States. BY USING THE SITE OR APPLYING FOR OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE AT LEAST THE MINIMUM AGE THAT IS REQUIRED IN YOUR STATE AND ARE A LEGAL RESIDENT OF THE UNITED STATES. Not all Services are available in all geographic areas. Your eligibility for particular Services is subject to final determination by DAVECREDIT, its affiliates, and/or its partner lenders.
Registration
While you may use the Site without registering, certain functionalities or areas of the Site require you to register and create a username and password in order to access such portions of the Site. You may not share your username or password with others. You are solely responsible for (i) authorizing, monitoring, controlling access to and maintaining the confidentiality of your username and password, (ii) informing us, in writing, of any need to deactivate a username due to security, confidentiality or other concerns, and (iii) any charges or damages that may be incurred by use of your username and password, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.
Information Collected and Used
Information You Provide to Us
We collect information you provide to us, for example when you create or modify your account, register to use our Site, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: name; home address; email address; home, work; and mobile telephone numbers; bank and/or other account numbers; date of birth; Social Security Number; driver’s license or other national, state, or government ID numbers; and salary and other financial information.
Information We Collect Through Your Use of Our Site
Google Analytics
We use Google Analytics, a web analytics service provided by Google LLC. (“Google”) to collect certain information relating to your use of the Site. Google Analytics uses cookies. You can find out more about how Google uses data when you visit our Site by visiting “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privac.../). We may also use Google Analytics Advertising Features to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn.... Visit Google Analytics Opt-Out Browser Add-On to opt out of Google Analytics' data collection.
Information Collected Through Cookies and Similar Technologies
We and our service providers, including, but not limited to, those service providers referenced above, use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Site through your computer, tablet, or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows the website to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including to store user preferences, track user trends and provide relevant advertising to you. (See "Advertising" below.)
We may use other Cookies and similar technologies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.
Advertising
We may use how you browse and shop in order to show you ads for DAVECREDIT that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our Site or third-party sites not owned by DAVECREDIT.
We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. You can opt-out of receiving interest-based ads from us by clicking on the “ad choices” icon near the advertisement and selecting the marketing activities of which you would like to opt-out.
You can opt out of Cookies set by specific entities by following the instructions found at these links:
Adobe: https://www.adobe.com/privacy/...
Google: https://adssettings.google.com
To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and http://www.networkadvertising....). Please note that if you choose to opt out, you may continue to see ads on our Site, but they will not be based on how you browse and shop.
Privacy
DAVECREDIT’s Privacy Policy applies to our use of your personal information, and its terms are expressly incorporated by reference. For more information on how we collect, share and protect your personal information, please visit our Privacy Policy.
Site Security
You acknowledge that use of a username and a password is an adequate form of security. You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of this Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any DAVECREDIT customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the DAVECREDIT network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted.
Consent to be Contacted
By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
We may contact you for application and loan servicing, including without limitation, for matters related to your loan or application; to remind you of upcoming payments; or for collections and other loan-related issues.
By submitting your contact information, registering for an account, applying for a Service or beginning an application for a Service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your loan or application, such as reminding you of upcoming payments, collections, and other loan-related issues. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location and contact information for you.
You hereby further consent that we may utilize third party service and other providers for the purposes of contacting you on our behalf in accordance with the Terms.
Intellectual Property
The Site is protected by United States and international copyright and trademark laws and other applicable intellectual property laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by DAVECREDIT. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content or other proprietary information without our express written consent. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. Additionally, you agree that you will not (i) remove or alter trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with DAVECREDIT.
Submissions, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or the Site, or if you submit any materials through third party services, such as by tagging us on Instagram (collectively, “Submissions”), you represent and warrant that you are the owner of or have the necessary rights and licenses to provide such Submissions. You further agree to, and hereby grant to us, a royalty-free, irrevocable, and fully transferable right and license to use the Submissions at our discretion and to use your name as provided in connection with your Submission or as set forth in your account. Please do not provide any Submissions that (i) are abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringes the intellectual property or privacy rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component. We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to any loss or damage that results from the Submissions being transmitted or made available on the Site or through the use of the Site and Services. DAVECREDIT shall not be subject to any obligations of confidentiality regarding such Submissions except as may be expressly agreed in writing by DAVECREDIT or as otherwise specifically required by law.
Access to Your Information and Choices
You can access and update certain information we have relating to your online account by signing into your account and going to the account home section of our Site. If you have questions about personal information we have about you or need to update your information, you can Contact us. You can opt-out of receiving marketing and promotional e-mails from DAVECREDIT by using the unsubscribe feature contained in the emails.
After you pay off your account balance in full, we may retain a copy of the information for archival purposes, to comply with state and federal laws, and to avoid identity theft or fraud.
Sweepstakes & Other Promotions
From time to time, DAVECREDIT may conduct promotions on or through the Site, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotions. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
Digital Millennium Copyright Act Notice / Claims of Copyright Infringement & Related Issues (17 U.S.C. § 512)
We respect the intellectual property rights of others. If you believe work has been reproduced in a way that constitutes copyright infringement, you may notify our agent by providing the following information:
Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining such knowledge, we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following:
A physical or electronic signature of the poster;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
By Mail: DaveCredit Attn: Legal Department, 2950 North Loop West, Suite 500, Houston, Texas, 77092.
By E-Mail: info@davecredit.com
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice. For further information about the DMCA, please visit the website of the United States Copyright Office at http://www.copyright.gov/onlin....
Third Party Sites / Links
This Site may contain links to sites maintained by third parties. DAVECREDIT is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites. Please note that other sites and webpages linked to or from this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions and privacy policies of those sites and webpages when visiting them.
Disclaimer of Warranty
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS,” AND “AS AVAILABLE” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, NEITHER DAVECREDIT, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS NOR DAVECREDIT’S LENDING PARTNERS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS THEREOF, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE SERVICES OR CONTENT, OR YOUR INABILITY TO ACCESS OR USE ANY OF THE FOREGOING, OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, THE SERVICES, SUBMISSIONS OR THE CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS WITH RESPECT TO THE INCIDENT GIVING RISE THE CAUSE OF ACTION. The foregoing limitation applies to the extent permitted by law in the applicable jurisdiction.
Indemnification
You agree to defend, indemnify and hold DAVECREDIT and its lending partners and their respective affiliates, directors, officers, employees, agents, contractors, successors or assigns thereof harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms or violation of applicable law, any of your Submissions, your use of or access to the Site, or access by anyone accessing the Site using your account. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Additional Terms
Certain features or Services available through the Site may be subject to additional terms, which will be presented to you at that time. In the event of a conflict between these Terms and such additional terms, the additional terms will govern solely with respect to such features and Services. Such additional terms are expressly incorporated into and made part of these Terms.
Minors
This Site is not directed at children under the age of thirteen (13). DAVECREDIT does not knowingly collect personal information from any child under the age of thirteen (13) at this Site.
Law and Venue
This Site is located in the State of Texas. These Terms of Use and the relationship between you and DAVECREDIT shall be governed by the laws of the State of Texas without regard to its conflicts of law provisions.
Arbitration
THIS ARBITRATION SECTION DOES NOT APPLY IF (1) YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT AND (2) OUR DISPUTE INVOLVES THE EXTENSION OF CONSUMER CREDIT.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and DAVECREDIT agree that each of the parties intends that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
Initial Attempt at Resolution of Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates in any way to the Site, the Services, Content, Submissions or these Terms (collectively, “Dispute”), excluding any claims relating to any of DAVECREDIT’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth below under Injunctive Relief), then both you and DAVECREDIT agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. DAVECREDIT’s notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this sub-Section to send such notice. Your notice to DAVECREDIT must be sent to: DAVECREDIT, Legal Department, 2950 North Loop West, Suite 500, Houston, Texas, 77092. For a period of sixty (60) days from the date of receipt of notice from the other party, DAVECREDIT and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or DAVECREDIT to resolve the Dispute or Excluded Dispute on terms with respect to which you and DAVECREDIT, in each party’s sole discretion, are not comfortable.
Forums for Alternative Dispute Resolution
Arbitration. If DAVECREDIT is unable to resolve a Dispute as set forth in the section above within sixty (60) days of receipt of the notice, then either party may submit the Dispute to formal arbitration in accordance with this sub-Section.
Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if DAVECREDIT elects, in its sole discretion, to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award.
You can obtain AAA procedures, rules, and fee information as follows:
By calling AAA at: 800.778.7879
By visiting the AAA website at https://www.adr.org
Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. Each party is responsible to pay the applicable administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require DAVECREDIT to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then DAVECREDIT will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE OR IT WILL BE FOREVER BARRED.
Injunctive Relief. The foregoing provisions of this Arbitration Section will not apply to any legal action taken by DAVECREDIT to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, Services, any Content, Submissions and/or DAVECREDIT’s intellectual property rights.
Small Claims Matters are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either party may bring qualifying claim of Disputes in small claims court, subject to the Section Federal and State Courts in Texas below.
No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to the Arbitration sub-Section above holds that this restriction is unconscionable or unenforceable, then the agreement in the Forums for Alternative Dispute Resolution Section above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to the Section directly below.
Federal and State Courts in Texas. Except to the extent that arbitration is required in Forums for Alternative Dispute Resolution Section above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Texas. Accordingly, both you and DAVECREDIT consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Miscellaneous
Any failure by DAVECREDIT to exercise any rights or enforce any of these Terms shall not constitute a waiver of such rights or Terms. If any provision of these Terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms constitute the entire agreement between you and DAVECREDIT with regard to your use of the Site, Services or the Content, and any and all other written or oral agreements or understandings previously existing between you and DAVECREDIT with respect to such use are hereby superseded and cancelled. DAVECREDIT will not accept any counter-offers to these Terms, and all such offers are hereby rejected.
This Site, the Services and its Content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site, Services or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Contact Information
Questions about the Terms of Service should be sent to us by email at info@davecredit.com or by mail 2950 North Loop West, Suite 500, Houston, Texas, 77092.
