SECTION 9 OF THESE TERMS IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 9 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT. BY ACCESSING OR USING https://www.firstdollar.com/, OR ANY OTHER WEBSITE WITH AN AUTHORIZED LINK TO THE TERMS (THE “SITE”), INSTALLING OR USING OUR MOBILE APPLICATION (“APP”), REGISTERING AN ACCOUNT OR ACCESSING OR USING ANY CONTENT, INFORMATION, SERVICES, FEATURES OR RESOURCES AVAILABLE OR ENABLED VIA THE SITE OR APP (COLLECTIVELY, THE “SERVICES”), YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. EXCEPT AS OTHERWISE PROVIDED HEREIN, IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS AND/OR USE THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT FIRST DOLLAR IS A HEALTH SAVINGS ACCOUNT PLATFORM. WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR ARE WE AN EMPLOYEE HEALTH OR WELFARE BENEFIT PLAN OR INSURANCE. WE ARE NOT SUBJECT TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED, OR TO ANY STATE OR LOCAL INSURANCE LAW. WE ARE ALSO NOT A BANK OR FINANCIAL INSTITUTION, ALTHOUGH WE MAY PARTNER WITH BANKS AND FINANCIAL INSTITUTIONS. INFORMATION OBTAINED FROM FIRST DOLLAR, LICENSORS, THIRD PARTIES AND FROM THE SITE, INCLUDING TEXT, TOOLS, AND SERVICES, IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT REPLACE PROFESSIONAL MEDICAL, FINANCIAL OR TAX ADVICE.
1. Use of the Services and First Dollar Properties
Subject to and conditioned on your compliance with these Terms, First Dollar grants you a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable license to use and access the Site and/or subscribe to the Services solely for your own personal, noncommercial use or internal business purposes.
1.2 Application License
Subject to and conditioned on your compliance with the Terms, First Dollar grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced App”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the prior sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
1.3 Certain Restrictions
(a) The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile, translate or reverse engineer any part of the Services or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services; (iii) you shall not access the Services in order to build a similar or competitive website, product, or service; (iv) except as expressly stated herein, no part of the Services may be used, copied, reproduced, distributed, republished, downloaded, modified, adapted, publicly performed, publicly displayed, posted or transmitted in any form or by any means; (v) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services; (vi) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the Services or "frame" or "mirror" the Services on any other server, or wireless or Internet-based device; (vii) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights; (viii) impersonate any person or entity, including First Dollar personnel, or falsely state or otherwise misrepresent your affiliation with First Dollar, or any other entity or person; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; (x) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or (xi) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.
(b) First Dollar’s failure to enforce any of these restrictions, guidelines or the acceptable use policy set forth in Section 1.7 below shall not act as a waiver for any future enforcement, will not be considered a breach of these Terms by First Dollar, and does not create a private right of action for any other party.
First Dollar reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that First Dollar will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
1.5 No Support or Maintenance
You acknowledge and agree that First Dollar will have no obligation to provide you with any support or maintenance in connection with the Services.
The Services provided to you hereunder or available to you through the Services are licensed, not sold, and First Dollar retains and reserves all rights not expressly granted in these Terms. You acknowledge and agree that, as between you and First Dollar, First Dollar and its licensors own all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The App, the Site, the Services, and the information and content available on the Site, in the App and through the Services (each, a “First Dollar Property” and collectively, the “First Dollar Properties”)are protected by U.S. and international copyright and other intellectual property laws and treaties. First Dollar reserves all rights not expressly granted to you in these Terms.
1.7 Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:
You agree not to upload, post, email, store, transmit, or otherwise make available any content that: (i) is a computer virus, worm, or any software intended to damage or alter a computer system, hardware or data; (ii) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass, harm, threaten, abuse, defame or interfere with any other user’s use and enjoyment of the Services; (vi) infringe any patent, trademark, trade secret, copyright, or other proprietary right of any party; or (vii) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
We reserve the right (but have no obligation) to monitor or review First Dollar Properties and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or any applicable law. Such action may include immediately terminating your license to use First Dollar Properties or your Account (as such term is defined in Section 2.1 below) in accordance with Section 7, and/or reporting you to law enforcement authorities.
You agree that submission of any ideas, suggestions, documents, and/or proposals to First Dollar through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that First Dollar has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to First Dollar a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, publicly perform, publicly display, distribute, make, have made, assign, pledge, adapt, modify, re-format, create derivative works from, transfer and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Company Properties and/or Company’s business in any form and any medium (whether now known or later developed), without credit or compensation to you.
2.1 Registering Your Account
In order to access certain features of First Dollar Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site and/or through the Services (“Account”) or has an account with the provider of the App for the user’s mobile device.
2.2 Registration Data
(a) In registering an account on the Site and/or through the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (A) at least thirteen (13) years old; (B) of legal age to form a binding contract; and (C) not a person barred from using First Dollar Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of First Dollar Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify First Dollar immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or First Dollar has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, First Dollar has the right to suspend or terminate your Account and refuse any and all current or future use of First Dollar Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or at any given time. First Dollar reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use First Dollar Properties if you have been previously removed by First Dollar, or if you have been previously banned from any of the First Dollar Properties.
(c) You represent, warrant and agree that you have all rights to provide Your Data and other materials that you provide or make available to First Dollar. You acknowledge and agree that you are solely responsible for all Your Data and for your conduct while using the Services. You acknowledge and agree that: (i) you will evaluate and bear all risks associated with your use and distribution of all Your Data; (ii) you are responsible for protecting and backing up Your Data; (iii) you are responsible for protecting the confidentiality of all Your Data in your possession and control; and (iv) under no circumstances will First Dollar be liable in any way for the content of any of Your Data, including, but not limited to, any errors or omissions in any of Your Data, or any loss or damages of any kind incurred as a result of your use, deletion, modification, or correction of any of Your Data. You have full discretion and control on how to store, protect, remove or delete any of Your Data on the Services and First Dollar shall have no liability for any damages caused by such deletion or removal of or failure to store or protect Your Data.
3. Other Users
3.1 Third-Party Websites, Applications & Ads
3.2 App Stores
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Terms are between you and First Dollar and not with the App Store. First Dollar, not the App Store, is solely responsible for First Dollar Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the applicable App Store in connection with First Dollar Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any First Dollar Property, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce it.
You hereby release and forever discharge First Dollar and its parents, subsidiaries, affiliates, partners, suppliers and licensors (and our and their respective officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services and/or Site (including any interactions with, or act or omission of, other Service and/or Site users or any Third-Party Websites, Apps & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold First Dollar and its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors (each, a “First Dollar Party” and collectively, the “First Dollar Parties”) harmless from any losses, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any First Dollar Property or Third-Party Websites, Apps & Ads (including without limitation your engagement with, hiring of, receiving services, products, content, or applications from or otherwise interacting with any other Service users or Third-Party Websites, Apps & Ads), (b) your violation of these Terms; (c) content or data (including without limitation Registration Data and Your Data) you provide to First Dollar, or (d) your violation of applicable laws or regulations. First Dollar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and not to settle any matter without the prior written consent of First Dollar. First Dollar will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of your Account, these Terms and/or your access to First Dollar Properties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF FIRST DOLLAR PROPERTIES IS AT YOUR SOLE RISK, AND FIRST DOLLAR PROPERTIES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FIRST DOLLAR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT ARISING FROM USE OF THE FIRST DOLLAR PROPERTIES.
THE FIRST DOLLAR PARTIES MAKE NO WARRANTY THAT THE FIRST DOLLAR PROPERTIES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
ALL CONTENT MADE AVAILABLE THROUGH THE FIRST DOLLAR PROPERTIES (INCLUDING WITHOUT LIMITATION THIRD-PARTY WEBSITES, APPS & ADS) IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY WEBSITES, APPS & ADS) BEFORE TAKING OR OMITTING ANY ACTION. ANY CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY WEBSITES, APPS & ADS) DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE FIRST DOLLAR PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE FIRST DOLLAR PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE FIRST DOLLAR PARTIES DO NOT PROVIDE: (1) FINANCIAL ADVICE OR FUNCTION IN ANY WAY AS A LICENSED FINANCIAL ADVISOR; (2) MEDICAL ADVICE OR FUNCTION IN ANY WAY AS A LICENSED DOCTOR, NURSE OR MEDICAL PRACTITIONER; OR (3) TAX ADVICE OR FUNCTION IN ANY WAY AS A TAX ADVISOR. YOU SHOULD CONSULT WITH A LICENSED PROFESSIONAL BEFORE MAKING ANY FINANCIAL, MEDICAL OR TAX DECISIONS, AND YOU UNDERSTAND THAT ANY INFORMATION PROVIDED BY THE FIRST DOLLAR PARTIES IS NOT A SUBSTITUTE FOR THE ADVICE AND COUNSEL OF SUCH LICENSED PROFESSIONALS.
THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THESE TERMS (UNLESS SUCH LAW PROVIDES OTHERWISE).
6. Limitation On Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE FIRST DOLLAR PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR COSTS, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE FIRST DOLLAR PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL FIRST DOLLAR PARTIES BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE), THE FIRST DOLLAR PROPERTIES OR THIRD-PARTY WEBSITES, APPS & ADS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50).
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. Term & Termination
Subject to this section, these Terms will remain in full force and effect while you use the First Dollar Properties. Notwithstanding the foregoing, you hereby acknowledge and agree that these Terms commenced on the earlier to occur of (a) the date you first used any of the First Dollar Properties or (b) the date you accepted these Terms and will remain in full force and effect while you use any First Dollar Properties, unless earlier terminated in accordance with these Terms. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms.
If you want to terminate the Services provided by First Dollar, you may do so by (a) notifying First Dollar at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to First Dollar’s address set forth below.
Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your information associated with your Account from our live databases, including without limitation Registration Data and Your Data. First Dollar will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your account information, including without limitation Registration Data and Your Data. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification, warranty disclaimers, arbitration, and limitation of liability.
8. International Users
First Dollar Properties can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that First Dollar intends to announce such Services in your country. First Dollar Properties are controlled and offered by First Dollar from its facilities in the United States of America. First Dollar makes no representations that First Dollar Properties are appropriate or available for use in other locations. Those who access or use First Dollar Properties from other countries do so at their own volition and are responsible for compliance with local law.
9. Dispute Resolution
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THESE TERMS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
9.1 Applicability of Arbitration Agreement
You agree that any dispute between you and us relating in any way to the Services or these Terms, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or First Dollar may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.
9.2 Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to WeWork c/o First Dollar, 801 Barton Springs, Austin, TX 78704. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, First Dollar will pay them for you. In addition, First Dollar will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.3 Authority of Arbitrator
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and First Dollar. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
9.4 Waiver of Jury Trial
YOU AND FIRST DOLLAR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and First Dollar are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in section 9.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
9.5 Waiver of Class or Other Non-Individualized Relief
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the Travis County, Texas. All other claims shall be arbitrated.
9.6 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: WeWork c/o First Dollar, 801 Barton Springs, Austin, TX 78704, or email@example.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
Subject to section 10.10, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9.8 Survival of Terms
This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with First Dollar.
Notwithstanding any provision in these Terms to the contrary, we agree that if First Dollar makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) of which you had already provided notice to First Dollar.
10.1 Export Control
You may not use, export, import, or transfer First Dollar Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained First Dollar Properties, and any other applicable laws. In particular, but without limitation, First Dollar Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Company Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use First Dollar Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by First Dollar are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer First Dollar Properties, products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
10.2 Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
10.3 Electronic Communications
The communications between you and First Dollar use electronic means, whether you use the Services, Site or send us emails, or whether First Dollar posts notices on the Site, through the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from First Dollar in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that First Dollar provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your statutory rights.
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without First Dollar’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
10.5 Exclusive Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and First Dollar agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state courts in Austin, Texas or federal courts located in the Western District of Texas.
10.6 Governing Law
These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to these Terms, regardless of the states in which the parties do business or are incorporated.
10.7 U.S. Government Entities
This section 10.7 applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in these Terms with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
Where First Dollar requires that you provide an email address, you are responsible for providing First Dollar with your most current email address. In the event that the last e-mail address you provided to First Dollar is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, First Dollar’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to First Dollar at the following address: First Dollar, Inc. ℅ Industrious, 823 Congress Ave, Austin, TX 78701. Such notice shall be deemed given when received by First Dollar by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
10.11 Entire Terms
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
10.12 Procedure for Making Claims of Copyright Infringement
If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide First Dollar’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact First Dollar’s Agent for Notice of Copyright Claims. First Dollar’s Agent for Notice of Copyright Claims can be reached as follows:
WeWork c/o First Dollar
ATTN: Agent for Notice of Copyright Claims
801 Barton Springs
Austin, TX 78704
11. Bonuses and Promotions
From time to time, we may offer cash, rate or other bonuses for opening, maintaining or further using a personal deposit account and meeting specific criteria. Once the offer criteria are met, the bonus will be credited into your account. This will normally occur within 30 days of meeting the criteria, but may vary depending on the promotion. The Account must remain open, active and in good standing. If the deposit Account is closed by the Customer or First Dollar within 6 months after Account opening or receipt of the bonus, First Dollar does reserve the right to deduct the bonus amount at Account closing. First Dollar may issue you an IRS Form 1099-MISC or other appropriate forms reporting the value of the Bonus. First Dollar Employees are not eligible.
12. Telephone Communications
(a) Authorization to Record Calls - You agree that First Dollar may listen to or record telephone calls between you and our representatives without additional notice to you.
(b) Authorization to Contact You by Phone - You agree that we (and our agents and contractors) may monitor or record any calls between you and us. If we need to contact you to service your Account, or to collect amounts you owe to us, you authorize us (and our agents and contractors) to contact you at any number (i) you have provided to us, (ii) from which you called us, or (iii) which we obtained and believe we can reach you at. We may contact you in any way, such as calling, texting or email. We may contact you using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider.
(c) Authorization to Contact You by Other Means - You also agree that First Dollar and its agents and contractors may use other medium, as permitted by law and including, but not limited to, mail and email, to contact you about your Account or to offer products or services that may be of value to you.