Terms Of Use
These Terms of Use ("Terms") govern the use of the American Financial Cash Advance (hereinafter, "we," "us", "American Financial"), website ("Site"). ANYONE ACCESSING THE SITE AGREES TO ABIDE BY THESE TERMS. We may modify these Terms at any time, and such modification shall be effective immediately upon posting on the Site. Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.
1. License. The contents of our Site, including its "look and feel" (e.g., text, graphics, images, logos,and button icons), editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under both United States and foreign copyright, trademark, and other laws. These contents belong or are licensed to American Financial. We hereby grant you the right to view and use our Site subject to these Terms. You may download or print a copy of information provided in the Site for internal use or distribution only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless you obtain our prior written consent.
2. Your Responsibility. You assume all responsibility for your use of, or access to, this Site, including your access to any American Financial materials or literature obtained from the Site, and waive all claims or causes of action against American Financial, its officers, directors, employees, agents and affiliates in connection therewith.
3. Disclaimer. THIS SITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SITE WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the Site.
4. Additional Products and Services Disclaimer. American Financial makes available certain descriptions of its products and services on the Site. American Financial does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the parties for that product or service and not by any information posted on the Site. This paragraph 4 is in addition to and not instead of the disclaimers set forth in paragraph 3 above.
5. Indemnity. You agree to indemnify, defend and hold harmless American Financial, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of these Terms or any activity related to use of the Site (including, but not limited to, infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site on your behalf.
IN NO EVENT SHALL AMERICAN FINANCIAL OR ITS AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER AMERICAN FINANCIAL OR ITS AFFILIATES OR SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT AMERICAN FINANCIAL AND ITS AFFILIATES AND SUPPLIERS' LIABILITY SHALL NOT EXCEED $1 U.S.
6. Restricted Access To Portions Of The Site. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share the user name and password to anyone other than an employee or agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms. You assume all responsibility for loss or misuse of your password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason other than solely due to the negligence of American Financial.
7. Privacy. When you visit the restricted access sections of our Site, your browser automatically sends us an IP (Internet Protocol) address and certain other information (including the type of browser you use). These restricted access sections are the only sections of our Site that use or deposit persistent tracking "cookies." In addition, we may use any information you provide internally for any business purpose, including to send you subsequent communications. We may sell or transfer your business information to a third party for any reason, without your permission. Privacy of personal information provided through our Site, and general information on cookies and what they are, are addressed in our Website Privacy Statement.
8. Links To Our Site. We welcome links to our Site from other web sites; however, we in no way operate, control or endorse such sites, and we reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Site, please contact info@americanfinancialcashadvance.com. This Site also contains links to other sites. American Financial is not responsible for the privacy policies or terms of use of any such sites.
9. Governing Law and Forum. These Terms, and the interpretation, performance and enforcement of your and American Financial's rights and duties, shall be construed in accordance with the laws of the State of California, except for the conflict or choice-of-law principles thereof. By using the Site, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in Orange County, California, or, at American Financial's sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association's Commercial Dispute Resolution Procedures, with such arbitration to take place in Orange County, California.
10. Contacting Us. If you have any questions or concerns about these Terms, please contact us at info@americanfinancialcashadvance.com
To inquire about linking to our Site or about trademark or copyright matters, please contact us at info@americanfinancialcashadvance.com