Terms and Authorizations
PLEASE READ THESE TERMS AND AUTHORIZATIONS CAREFULLY. THEY SET FORTH THE LEGALLY BINDING AGREEMENT FOR YOUR USE OF TECHNOLOGY AND SERVICES PROVIDED BY ADC ADVANCE.
THESE TERMS AND AUTHORIZATIONS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US OR WITH RESPECT TO YOUR USE OF OUR TECHNOLOGY AND SERVICES AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Please read these Terms and Authorizations carefully, as they constitute a written agreement between you and ADC Advance and they affect your legal rights and obligations.
ADC Advance, LLC (“ADC Advance”) offers an online platform that facilitates loans made by WebBank or certain other lenders for financing the purchase of Alarm.com smart home security systems. These Terms and Authorizations govern your access and use of such platform and services offered by ADC Advance for such purpose, including this web site, the ADC Advance mobile site, Smart Home Pay platform, and the associated email and phone notification services known as the Smart Home Pay Network (the “Smart Home Pay Network”) (collectively, the “Services”).
By accessing, browsing or using any of the Services or downloading any content from the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms and Authorizations and to comply with all applicable laws and regulations. If you do not agree to these Terms and Authorizations, do not access, browse or use any of the Services or download any content from the Services. These Terms and Authorizations are effective as of 12/01/2021.
|Your Eligibility. There are eligibility requirements you must meet to use the Services. Continue reading here|
|License to Use the Services. If you are in compliance with these Terms and Authorizations, ADC Advance will grant you a limited license to use the Services only for its specific, intended purpose, and can modify the Services at any time. Continue reading here|
|Loans Through the Services. You may be able to apply for a loan from WebBank or another third party lender through use of the Services. Continue reading here|
|90-day rule. If you are approved for a Smart Home Pay loan and your loan is not funded within 90 days from the date your application is submitted, your approval will expire. If your loan approval expires, you will need to submit a new application for a Smart Home Pay loan.|
|Credit Report Authorization and Reporting. You expressly authorize WebBank and ADC Advance to obtain credit reports from consumer reporting agencies about you when you apply for a Smart Home Pay loan and periodically throughout the term of your loan. By applying for a Smart Home Pay loan, you are authorizing WebBank and ADC Advance to obtain a copy of your credit report. WebBank and ADC Advance utilize a “soft check” that will not impact your credit score. Continue reading here|
|Communication & Notification. Communications in connection with the Services will be electronic, and ADC Advance is not responsible for issues that may arise with respect to a third party communications provider’s performance. Continue reading here|
|Your Technology Needs. This section describes the technology necessary to access and use the Services. Continue reading here|
|Non-Permitted Use of the Services. This section describes uses of the Services that are prohibited, and if undertaken by you may result in suspension, revocation or termination of your license to use the Services. Continue reading here|
|Services Content. The Services are informational only and not investment or financial advice, and ADC Advance does not make any guarantees with respect thereto. Continue reading here|
|Access to Services. Your access to the Services is not guaranteed, and may be unavailable, delayed, limited or slowed due to certain factors. More|
|Intellectual Property. ADC Advance owns the intellectual property rights in and to the Services, including trademarks and copyrights. Continue reading here|
|Changes to these Terms and Authorizations. ADC Advance may make changes to the Terms and Authorizations at any time in its discretion. Continue reading here|
|Links. Links to third party websites are for convenience only, and ADC Advance is not responsible for any links or third party websites. Continue reading here|
|User IDs And Passwords, Security. You are responsible for maintaining the security of your account and passwords, and you must notify ADC Advance if security is compromised in any way. Continue reading here|
|Disclaimers. ADC Advance disclaims warranties to the extent permitted by applicable law, and provide the Services “As Is”. Continue reading here|
|Limitation Of Liability. ADC Advance’s liability is greatly limited. Continue reading here|
|Indemnification. You will indemnify ADC Advance and others in connection with your use of the Services, the information you provide and/or your breach of these Terms and Authorizations.
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|Dispute Resolution. You agree to arbitrate most disputes (subject to an opt out right that expires if not timely exercised) and waive jury trial and class actions.
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|Governing Law. These Terms and Authorizations and your use of the Services is governed by Virginia law, regardless of where you reside.
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|Location. The Services are provided in the United States for users in the United States.
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|ADC Advance Remedies and Right to Terminate. ADC Advance has the right to seek whatever remedies it is entitled to for breaches of these Terms and Authorizations, and to terminate the Services at any time.
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|Severability; Interpretation. This section describes how these Terms and Authorizations may be interpreted and enforced in the event of certain conflicts of opinion or court decisions.
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|No Waiver. This section describes when waivers of your rights or those of ADC Advance under these Terms and Authorizations are effective.
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|Feedback You Provide. This section describes use and ownership of any feedback you provide ADC Advance.
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|Assignment. This section limits your assignment and delegation of your rights and obligations under these Terms and Authorizations.
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To be eligible to use the Services, you must be a natural person at least 18 years old (19 years old in Alabama or Nebraska) and a resident of the United States or its territories. Loans offered, accessible or obtained using the Services may not be available in all states. You represent and warrant that you are eligible to use the Services.
License to Use the Services.
Subject to your compliance with these Terms and Authorizations, ADC Advance grants you a limited license to access and make personal, non-commercial use of the Services, so that you may access financing in connection with your Alarm.com home security system. ADC Advance reserves the right at all times, in its sole discretion and without notice to you, to revoke, suspend or deny your access to and use of any of the Services. ADC Advance reserves the right to modify or discontinue the Services, at any time in its sole discretion.
Loans Through the Services.
Through the Services, you may apply for Smart Home Pay, which is issued by WebBank. If you are declined for Smart Home Pay, you may through the Services be offered a loan from another third-party lender. Any loan you may receive through the Services will be pursuant to and subject to terms you agree separately with the third party lender.
Information About You And Your Privacy.
When you provide information to ADC Advance or in connection with the Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your information. You further agree to keep your information and contact information up to date and accurate, and to promptly notify us of any changes to such information.
Credit Report Authorization and Reporting.
You expressly authorize WebBank and ADC Advance to obtain credit reports from consumer reporting agencies about you when you apply for a Smart Home Pay loan and periodically throughout the term of your loan. By applying for a Smart Home Pay loan, you are authorizing WebBank and ADC Advance to obtain a copy of your credit report. WebBank and ADC Advance utilize a “soft check” that will not impact your credit score.
In each case you expressly authorize WebBank and ADC Advance to use such consumer report about you, and information derived therefrom, in connection with your Smart Home Pay loan, including determining your eligibility, servicing or maintaining your loan, verifying your identity, verifying information you provide to WebBank or ADC Advance, and for collecting any amount you owe WebBank or any of our respective successors or assigns. You understand that WebBank or any of its respective successors or assigns may report information about your Smart Home Pay loan (such as on-time, late, and missed payments; any defaults; and the fact you paid oﬀ your loan) to consumer reporting agencies, and that such information may be reflected in your credit report or other consumer reports about you.
Communication & Notification.
You agree that ADC Advance may provide you notices, disclosures, and communications about these Terms and Authorizations and any Service electronically, through phone calls or texts (including automated, artificial, or prerecorded phone calls or texts), or in writing to any contact information we have on file for you, which you may have provided or which we may have obtained in other ways. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via SMS or other online or mobile notification). You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
Your communications with us via the Services, text, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same. You acknowledge and understand that, while your communications with ADC Advance may be overheard, monitored, or recorded without further notice or warning, not all telephone calls may be recorded by ADC Advance, and ADC Advance does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
You agree that ADC Advance is not responsible for any delay or failure in your receipt of any disclosure, text message, or email notice that is not caused by ADC Advance’s failure to send such a disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as “spam” or “junk mail”; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
Your Technology Needs.
You agree and acknowledge that you have the sole responsibility and liability for your use of the Services and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use the Services, including payment of any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
Non-Permitted Use of the Services.
You agree that you will not use or attempt to use the Services for any purpose other than inquiring about or applying for Smart Home Pay or managing your Smart Home Pay account in accordance with these Terms and Authorizations. The Services and the content on these Services may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose.
In addition, you agree that you will not:
- Download (other than page caching) or modify any of the Services or any portion thereof;
- Resell or make any commercial use of the Services or any content on the Services;
- Collect or use any Loan or security product listings, descriptions or prices;
- Make any derivative use of the Services or any content in the Services;
- Download or copy any of the Services or any content in these Services for the benefit of another person or entity;
- Transmit, upload, modify, adapt, reverse engineer, frame in any page, or alter the appearance of any content in the Services;
- Use or apply data mining, robots or similar data gathering or extraction tools in connection with or on the Services;
- Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, without limitation, images, text, page layouts or forms) of ADC Advance or its affiliates, vendors, contractors, agents or content providers;
- Use any meta tags or any other “hidden text” utilizing ADC Advance or any of its affiliates’ names or trademarks.
- Use any part of the Services or associated content in or as part of any contextual marketing directory, index, or triggering term;
- Use any part of the Services or associated content as content or advertising related to any other application including, but not limited to, comparative/informational applications; and/or
- Use any part of the Services or associated content as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Services or controls the content of any other application.
ADC Advance may suspend, revoke or terminate your access to or use of any Services if you make any use of the Services that is not permitted, as determined by ADC Advance in its sole discretion.
Content provided by or accessible on the Services is for information purposes only. It is believed to be reliable, but ADC Advance does not make any promises as to its completeness, timeliness or accuracy. Such content is provided solely on an “AS IS” and “AS AVAILABLE” basis. The information and materials contained in the Services are subject to change without notice.
ADC Advance is not engaged in rendering investment, financial, tax, accounting, legal, or other professional services or advice. If you desire or need such services or advice, you should consult a professional.
Access to Services.
ADC Advance will make reasonable efforts to provide access to the Services, but does not guarantee that any Services will be available in whole or part. The Services are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities;
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- Interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of ADC Advance.
ADC Advance, its licensors, or content providers own all content, pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of the Services are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks.
ADC ADVANCE® and SMART HOME PAY® are registered service marks of ADC Advance. Unauthorized use of any ADC Advance trademark or logo may be a violation of federal and state trademark laws.
The Services are protected by U.S. and international copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Service, or individual sections of the content, design or layout of the Service or ADC Advance logos without our express written permission.
Changes to these Terms and Authorizations.
ADC Advance may change these Terms and Authorizations from time to time in its sole discretion, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THESE TERMS AND AUTHORIZATIONS BY USING THE SERVICES AFTER CHANGES HAVE BEEN POSTED. If ADC Advance makes any changes to these Terms and Authorizations that it deems to be material, ADC Advance will make a reasonable effort to inform you of such changes, but it is your responsibility to review these Terms and Authorizations posted to our website from time to time to see if it has been changed.
From time to time, we may offer links that will allow you to leave the Services. The linked sites are not under the control of ADC Advance, and the content available on the sites linked to the Service do not necessarily reflect the opinion of ADC Advance. ADC Advance is providing these links as a convenience to you, and access to any other sites linked to the Service is at your own risk. ADC Advance assumes no responsibility for the content of such linked sites. The inclusion of any link does not imply a recommendation or endorsement by ADC Advance of any linked site.
User IDs And Passwords, Security.
Certain areas or features of the Services may be restricted to users who have obtained a user identification and password by completing a registration process. You are responsible for maintaining the confidentiality of your login and password, and you are responsible for all uses of your login, password, and PINS, and any and all related charges, whether or not authorized by you. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. You agree to notify ADC Advance immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of the Services by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of the Services that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE SERVICES AND ASSOCIATED CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ADC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SERVICES OR ASSOCIATED CONTENT COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. ADC ADVANCE HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY SERVICE OR ASSOCIATED CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ADC ADVANCE IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN ANY SERVICE OR ITS OPERATION. ADC ADVANCE MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF ANY SERVICE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT ADC ADVANCE, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING ANY SERVICE.
Limitation Of Liability.
YYOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ADC ADVANCE OR ANY OF ITS EMPLOYEES, EXECUTIVES, CONTRACTORS, AGENTS, AFFILIATES, PARENT COMPANIES, BUSINESS PARTNERS, VENDOR, OR LICENSORS (“ADC ADVANCE PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR ASSOCIATED CONTENT, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SERVICE OR ASSOCIATED CONTENT. YOU AGREE THAT THE ADC ADVANCE PARTIES SHALL NOT BE LIABLE EVEN IF THE ADC ADVANCE PARTIES OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL ANY ADC ADVANCE PARTY’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SERVICES OR ASSOCIATED CONTENT THEREON.
You agree to indemnify the ADC Advance Parties, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of the Services, your information, and/or your breach or violation of these Terms and Authorizations.
If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and the ADC Advance Parties agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
First – Try to Resolve Disputes and Excluded Disputes.
If any controversy, allegation, or claim arises out of or relates to the Services or associated content, or these Terms whether heretofore or hereafter arising (collectively, “Dispute”), or to any of ADC’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes injunctive relief), then you and we 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. You also agree to provide us such notice with respect to any Dispute with any other ADC Advance Party. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent via email to email@example.com. For a period of sixty days from the date of receipt of notice from the other party, the ADC Advance Party 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 the ADC Advance Party to resolve the Dispute or Excluded Dispute on terms with respect to which you and the ADC Advance Party, in each of their sole discretion, are not comfortable.
If a Dispute cannot be resolved as set forth above (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND THE ADC ADVANCE PARTY (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT—INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between an ADC Advance Party and you regarding these Terms and the Service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. ADC Advance and you agree, however, that the applicable state, federal or provincial law, as contemplated below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and an ADC Advance Party regarding these Terms and Authorizations and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. Notwithstanding the foregoing, if you are an individual who purchases or leases goods or services, or contracts to purchase or lease goods or services, intended primarily for personal, family or household use (a “Consumer”), you may litigate any Dispute in small claims court, in the county or other similar political subdivision in which you reside, if the Dispute meets all requirements to be heard in the small claims court. If you initiate a claim in small claims court, you are responsible for all court costs and fees.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of ADC Advance consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident and a Consumer, then it will be conducted in your county of residence; otherwise, all hearings will occur in Fairfax County, Virginia. You and the ADC Advance Party will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if you are a Consumer and your claim is $75,000 or less, the ADC Advance Party will pay all of those specified fees and costs, including those allocated to you. AVG does not agree to bear any other costs. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
The foregoing provisions of this Section will not apply to any legal action taken by ADC Advance 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 Services, an associated content and/or ADC Advance’s intellectual property rights (including such ADC Advance may claim that may be in dispute), ADC Advance ’s operations, and/or ADC Advance ’s products or services.
No Class Action Matters
YOU AND THE ADC ADVANCE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate will not apply and the Dispute must be brought exclusively in a court located in Fairfax County, Virginia or the City of Alexandria, Virginia; provided, however, that the proceeding will not limit your ability, if you are a Consumer, to bring your Dispute in a small claims court in the county or similar political subdivision in which you reside, if your Dispute meets all the requirements to be heard in small claims court. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Except where arbitration is required above, or if a small claims action may be brought by a Consumer, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or federal court in located in Fairfax County, Virginia or the City of Alexandria, Virginia. Accordingly, you and ADC Advance consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Small Claims Matters Are Excluded from Arbitration Requirement
Notwithstanding the foregoing, either you or ADC Advance may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
Arbitration Opt-Out; Your Right to Reject Arbitration.
YOU MAY REJECT THIS ARBITRATION PROVISION BY CALLING US AT 866-788-7942 (TOLL-FREE), OR WRITING US AT COMPLIANCE@SMARTHOMEPAY.COM AND STATING THE FOLLOWING IN YOUR NOTICE: (I) YOUR NAME, (II) YOUR ADDRESS, (III) YOUR PHONE NUMBER, AND (IV) THAT YOU ARE EXERCISING YOUR RIGHT TO REJECT ARBITRATION UNDER THESE TERMS AND AUTHORIZATIONS (A “REJECTION NOTICE”). YOUR REJECTION NOTICE MUST BE RECEIVED WITHIN NINETY DAYS AFTER YOU FIRST REGISTER TO USE THE SERVICES. IF YOUR REJECTION NOTICE COMPLIES WITH THESE REQUIREMENTS, THIS ARBITRATION PROVISION WILL NOT APPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE. REJECTION OF THE ARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR RESPONSIBILITIES UNDER THIS SECTION OF THESE TERMS AND AUTHORIZATIONS.
These Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions.
The Service is operated by ADC Advance from its offices in the United States. ADC Advance makes no representation that the information located on the Service is appropriate or available for use outside of the United States. Any access to the Service from territories where the Services or content of the Services may be illegal is prohibited. Those who choose to access the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
ADC Advance Remedies and Right to Terminate.
ADC Advance reserves the right to seek all remedies available at law and in equity for violations of these Terms and Authorizations, including the right to block access from a particular Internet address or phone number to the Service. ADC Advance may terminate this Agreement and/or your access to the Service at any time for any reason or no reason.
If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation,”. Section headings are provided for convenience only and shall not limit the full Terms.
Except as expressly set forth in these Terms: (i) no failure or delay by you or ADC Advance in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict ADC Advance ’s right to amend these Terms as otherwise permitted in those agreements.
Feedback You Provide.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
ADC Advance may assign its rights and obligations under these Terms and Authorizations, in whole or in part, to any party at any time without any notice. These Terms and Authorizations may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of ADC Advance.