THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE THAT EITHER YOU OR SNAP MAY ELECT TO HAVE ANY CLAIM (AS DEFINED BELOW) SUBMITTED TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT OR BEFORE A JURY. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION. YOU HAVE A RIGHT TO REJECT THE ARBITRATION AGREEMENT AS DESCRIBED BELOW. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY.
Our Sites may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on our Sites at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. Although we try to provide current information on our Sites, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on our Sites.
Our Sites’ content, including but not limited to all music, audio clips, images, icons, text, design, graphics, code, software, logos, expressions, downloads, interfaces, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Sites’ content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access our Sites and view the content therein on a single browser in accordance with these Terms, and not for distribution, resale, sublicensing, or other unintended usage. We reserve all rights not expressly granted in the foregoing sentence. Any unauthorized use or other activity by you in violation of these Terms will cause the licenses granted to you by us in this paragraph to terminate immediately and automatically.
Links to other websites
Our Sites may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being provided for your convenience. If you visit another website linked from one of our Sites, you do so at your own risk subject to the terms and conditions establish by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors. We reserve the right to terminate a link to a third-party website at any time.
Accessing our Sites
Our Sites are not intended to be accessed by persons under the age of 18 years. Our Sites are not intended for access by persons in any jurisdiction or country where such access would be contrary to applicable laws or regulations. You are responsible for compliance with all local laws. By offering information, products, or services via our Sites, no solicitation is made by us to any person in jurisdictions where the provision of our Sites’ information, products, or services is prohibited by law. We may restrict your access to our Sites based on your geographic location.
To access our Sites, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, our Sites may not be accessible to you.
Your access to our Sites is limited to the intended functions of our Sites. Unauthorized use of our Sites and/or our systems, including but not limited to misuse of any information posted on our Sites or unauthorized entry into any of our systems is strictly prohibited. You are prohibited from using our Sites in any manner that:
- Accesses data that is not intended for you;
- Attempts to harvest, collect, gather, or assemble information or data, including without limitations the identity or data of third party merchants;
- Invades the privacy of, obtain the identity of, or obtain any personal information about any other user of our Sites;
- Probes, scans, or tests the vulnerability of our Sites, our network, our security, or authentication measures without proper authorization;
- Attempts 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, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” our Sites;
- Copies, modifies, redistributes, reverse engineers, decompiles, disassembles any aspect of our Sites or any content delivered to you via our Sites, including, without limitation, any audio or video content delivered via our Sites;
- Sends unsolicited mail, including promotions and/or advertising of products and services;
- Is unlawful, fraudulent, or deceptive;
- Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- Violates these Terms or any other policies or agreements that you enter into with us;
- Fails to comply with applicable third-party terms; or
- Constitutes any other inappropriate conduct, as determined by us in our sole discretion.
In addition, you may not either directly or through the use of any device, software, Internet site, web-based service, or other means:
- Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content of our Sites or any digital rights management mechanism, device, or other content protection or access control measure associated with the content on our Sites including geo-filtering mechanisms;
- Copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the content on our Sites (except as expressly permitted by these Terms);
- Incorporate the content on our Sites into, or stream or retransmit the content via any hardware or software application or make it available via frames or in-line links; or
- Create, recreate, distribute, or advertise an index or any signification portion of the content on our Sites.
You may not build a business utilizing the content on our Sites, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on any of the content on our Sites, including without limitation, montages, mash-ups and similar videos, and merchandise, unless it is expressly permitted by us in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
If you violate any provision of these Terms, we reserve the right to terminate your access to our Sites. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you deny you access to our Sites. We may terminate these Terms or our Sites, in whole or in part, at any time without prior notice to you. In the event we terminate these Terms, any existing transactions you have entered into with us shall remain in effect.
Please retain copies of all content you submit, as we are under no obligation to store or return any such content to you. Your submission of content will not be subject to any obligation of confidentiality, attribution, or otherwise. We are under no obligation to monitor any user-submitted content or use of our Sites, but we reserve the right to monitor or moderate user content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any user-submitted content. We reserve the right to discard or remove any user-submitted content from our Sites in our sole discretion and without any liability. You acknowledge that you are responsible for any content you may submit through our Sites, including the legality, reliability, appropriateness, originality, and copyright of any such content.
If you submit an e-mail address to us through our Sites, we may use your e-mail address to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access; failure to receive e-mails because they have been misdirected or sent to a spam folder; your inability to access e-mail due to power outages, hardware or software malfunctions, or failures of your computing device; or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.
We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. Although we use administrative, technical, and physical security measures to protect your account and other personal information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept such information. We are not responsible for any electronic virus or viruses that you may encounter as you use the Internet. We suggest that you routinely scan your devices using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
We are committed to stopping fraud, and we reserve the right to take all reasonable measures to detect and prevent it. For security purposes, we may view, monitor, and record activity on our Sites without notice or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on our Sites. We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of our Sites may result in criminal and/or civil prosecution and immediate termination of your right to access our Sites.
To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on our Sites. Use of unique login information may be required to access certain portions of our Sites. You acknowledge that your login information is unique, and must be kept private and confidential to protect the security of your account. You agree not to give or make available your login information to any unauthorized individual. If you believe your login information has been compromised, lost or stolen, someone without authorization has attempted to use your account, or your account has been accessed by someone without authorization, you must notify us immediately (using the contact information below). If you lose or forget your login information, contact us immediately. If you fail to notify us, you may be liable for all unauthorized activity on your account.
Warranties / Limitations of Liability / Indemnification
OUR SITES’ CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH OUR SITES, OR FROM YOUR USE OF, OR INABILITY TO USE, OUR SITES OR ANY INFORMATION PROVIDED ON OUR SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF OUR SITES, THE INTERNET, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES OR THE INTERNET.
WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON OUR SITES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH US.
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your access or use of our Sites in violation of these Terms or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
Solely for purposes of this Arbitration Agreement, the terms “we,” “us” and “our” mean Snap Finance LLC and its affiliated companies, their predecessors, successors and assigns, and all of the respective officers, directors, employees and agents of any of the foregoing. These terms also mean any third party providing any product or service related to these Terms, our Sites or your account that you bring a claim against at the same time you bring a claim against us.
You agree that unless you reject this Arbitration Agreement, you and we may elect to have any and all claims arising from or relating to these Terms, our Sites, your account, any product or service provided to you by us, any marketing or advertising by us or the relationship between you and us resulting from any of the foregoing submitted to binding arbitration under the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. This includes claims based on contract, tort, intentional tort, consumer rights, equity, statute, local ordinance or otherwise. This also includes data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you. The term “claim” has the broadest reasonable meaning and includes initial claims, counterclaims, cross-claims, third-party claims, and federal, state, local, and administrative claims, and claims which arose before the effective date of this Arbitration Agreement. Notwithstanding the foregoing, disputes regarding the validity, scope, coverage or enforceability of this Arbitration Agreement or any part thereof or the arbitrability of any claim shall be determined by a court, not an arbitrator. However, disputes regarding the validity or enforceability of these Terms as a whole shall be determined by the arbitrator. Individual small claims court actions are not subject to this Arbitration Agreement as long as they remain in that court; however, if the dispute is transferred, removed or appealed to a different court, the dispute will be subject to arbitration.
If arbitration is elected, a single arbitrator who is either a lawyer with at least ten years of experience or a retired judge shall decide all claims and shall render a final written decision. You may choose the American Arbitration Association (“AAA”) or JAMS to administer the arbitration. If neither of them can serve, a court with jurisdiction will select the arbitrator or administrator. The appropriate AAA or JAMS rules shall apply, as determined by the arbitrator. These rules are found at www.adr.org and www.jamsadr.com. In the event of any conflict or inconsistency between this Arbitration Agreement and the administrator’s rules or other provisions of these Terms, this Arbitration Agreement will govern. This Arbitration Agreement shall survive any termination of your access to our Sites, the termination or suspension of your account or any bankruptcy by you.
Each party to the arbitration shall pay his, her or its own costs of arbitration as specified by the relevant rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. We will always pay any costs we are required to pay by law or the administrator’s rules or that we must pay in order for this Arbitration Agreement to be enforced. The parties will bear their respective attorney, expert, and witness fees and costs, unless applicable law, these Terms or the administrator’s rules provide otherwise.
The arbitrator shall be empowered to grant whatever substantive relief would be available in a court under applicable law or in equity on an individual claim, including, without limitation, compensatory, statutory, and punitive damages (which will be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive, and other equitable relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim), and attorneys’ fees and costs. The arbitrator shall apply applicable statutes of limitations and privilege rules that would apply in a court proceeding. The arbitration hearing will take place in the federal judicial district where you reside, or at another place mutually agreeable to the parties.
If a claim is arbitrated, the parties waive any right to a jury trial. They also waive any right to bring representative claims in court or in arbitration on behalf of a class of individuals, as a private attorney general or otherwise or to join or consolidate claims (the “class action waiver”).
This Arbitration Agreement may be severed or modified if necessary to render it enforceable, except that: (A) if the class action waiver is declared invalid in a proceeding between you and us, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Agreement (other than this sentence) shall be null and void in such proceeding; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the class action waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court.
The arbitrator’s award shall be binding on the parties, except for any appeal rights under the FAA, and may be entered as a judgment in any court of competent jurisdiction. 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 Agreement.
RIGHT TO REJECT ARBITRATION AGREEMENT: You may reject this Arbitration Agreement by mailing a signed rejection notice to 1193 West 2400 South, West Valley, Utah 84119 Attn: Legal Department, within thirty (30) calendar days after the date you first use our Sites. Any rejection notice must include your name, address, email address, and telephone number and a statement that you reject the Arbitration Agreement in the Terms and Conditions of Use. If you reject this Arbitration Agreement, that will not affect any other part of these Terms. Rejecting this Arbitration Agreement will not constitute a rejection of any other arbitration agreement between you and us.
Other terms & conditions
Except as set forth in the Arbitration Agreement. these Terms will be governed by the laws of the United States and the State of Utah without giving effect to any conflict of laws to the contrary. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in Salt Lake County in the State of Utah.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Except as set forth in the Arbitration Agreement, if any provision in these Terms change due to applicable law or is declared invalid by order of a court, the remaining provisions of these Terms will not be affected, and these Terms will be interpreted as if the invalid provisions had not been placed in these Terms. The headings in these Terms are intended only to help organize these Terms.
Changes to these Terms
You agree that we may from time to time amend all or any part of these Terms, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through our Sites and changing the features and functionality to our Sites. If required by law, we will notify you electronically of any change to these Terms. Any such changes shall take effect as soon as they are posted on our Sites. Your use of our Sites after the effective date of the change shall constitute your agreement to be bound by the changes. You should review these Terms periodically for any changes. Notwithstanding the foregoing, we will not amend the Arbitration Agreement in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Agreement in its entirety.
If you have any questions or concerns regarding these Terms, please contact us at:
Snap Finance LLC
PO Box 26561
Salt Lake City, UT 84126
1193 W 2400 S
West Valley City, UT 84119