www.wirelend.com owns and operates the website domain www.wirelend.com, (the "Site"). www.wirelend.com is a publisher for Round Sky Inc. Through this website, Round Sky Inc., manages a prospective customer data base (the "Service"), by which it compiles, sorts and sells contact information to businesses on behalf of individual consumers who have shown an interest in applying for the business' products or services and has affirmatively asked to be contacted by a representative of a product or service. We utilize third party vendors, third party affiliates, and a variety of media advertisements to promote the Site to consumers interested in completing an online application at www.wirelend.com or to supplement our database by purchasing their database of consumers who have completed applications on websites other than ours and have affirmatively requested receipt of information about product or service offerings similar to those offered on www.wirelend.com
In addition we promote our products and services via e-mail or by telephone to consumers who requested that they be contacted either through our online application opt-in process via www.wirelend.com or through an Opt-In process on one of our many vendor or affiliate sites (List Members). List Members may then receive email or telephone contact only as long as they wish to, you may unsubscribe at any time. To remove yourself from being contacted in the future, simply click on the OPT-OUT link found within your email offer.
www.wirelend.com is not responsible for contact made by outside companies. Contact made by outside companies is outside of our control.
Protection of Privacy
www.wirelend.com does not knowingly collect personally identifiable information from children under 18 years of age.
Collection & Usage
Round Sky Inc collects information through the Site from our prospective and existing customers at several different points on our web sites. We use contact information to send information about our company and to service existing accounts. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Contact and Financial information that is collected is used for verifying your name, address and other information. Not all information asked for on our site is required when you fill out our forms. Only Name, City, State, Address, Zip Code, Work Phone, Home Phone, Email Address, House Type, Current Value, Loan Amount Desired, 1st Mortgage Balance, Current Interest Rate, Current Payment, Are you Behind on Payments, Credit Rating, Place of Employment, Years Employed, Yearly Income, Loan Desired, and Best Time to Call. Information about your computer hardware and software is automatically collected by www.wirelend.com and may be shared in aggregate with third parties whose services are used for traffic analysis purposes. This information includes: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by www.wirelend.com to maintain and improve the quality of the service and to generate statistics regarding use of the www.wirelend.com site. www.wirelend.com does not use third party databases to correct or update the information you submit to us for any reason.
We may not send you any information such newsletters or updates without you opting-in for this information.
By completing the application you agree to receive occasional emails from wirelend.com and it's affiliates.
You may opt-out of our mailings or the mailings of our partners at any time as previously described in our policy above. To remove your contact information from our database you may do any of the following:
You may contact us via the contact form on www.wirelend.com
Please note that the functionality of our website may be limiting to those who refrain from submitting personal information. E-mail addresses and phone numbers received in an opt-out request may be added to our internal Do-Not-Contact registry within ten (10) Business days following receipt.
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. If a user rejects the cookie, they may still use our site however without cookies the user may not have access to certain features on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. To do this we use a tracking utility service offered by Web Trends, Inc. All cookies served on the domain, both session and persistent are tied to the Personally Identifiable Information you provide.
www.wirelend.com contains links to other sites. Please be aware that Company is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by Company even in cases where we may frame another site with our own. From time to time we may co-brand certain services with third parties. It may be clear at the point of collection who is collecting such information and whose privacy statement governs. For example, without limiting the foregoing, we co-brand with insurance brokers, credit reporting agencies and, automotive companies.
The security of your personal information is important to us. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
We cannot ensure that all of your private communications and other personally identifiable information may never be disclosed in ways not otherwise described in this Privacy Agreement. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances as required by law, third parties may unlawfully intercept or access transmissions or private communications.
In addition, as noted above, if you opt-out of future contact from www.wirelend.com by using the opt-out mechanism provided in each e-mail we send to you on behalf of a third party service provider other than us, we may provide your email address to the third party service provider so that the third party service provider can add your name and contact information to its own do-not-contact list.
As we grow, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that we or all of its assets are acquired, customer information, including any visitor information collected through our website, would be one of the transferred assets. For more information see our "Notification of Changes" section below.
Finally, we reserve the right to disclose member information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, members, or anyone else that could be harmed by such activities. www.wirelend.com also reserves the right to disclose visitor or member information when we believe in good faith that the law requires it.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
When you submit your request for information or loan, you are granting permission to be contacted by www.wirelend.com or affiliated third parties. We share the contact and loan request data you submit on the website form and www.wirelend.com account number information with affiliated companies such as banks, commercial lenders and licensed loan brokers to fulfill information requests we receive from you, to provide you with superior service, inform you of product and service opportunities that may be of interest to you, and for other business purposes, we may disclose all of the information we collect, as described above, to the following types of affiliated companies: financial service providers, such as mortgage and life insurance agencies, title service companies, debt & credit services companies and auto finance companies. An "affiliate company" is a company under legal contract with www.wirelend.com to fulfill services or is a company owned in whole or in part by www.wirelend.com.
Some of the services offered on our website are co-branded with contracted partners. Co-Branded offerings may be identified directly on our website for the product or service you choose prior to you having to submit the loan request. Where a co-branded product or service provider is identified your Personally Identifiable information may be provided directly to that provider's website, not www.wirelend.com. The Product or Service provider shall control your data once submitted to them. For purposes of identification and tracking, your contact information (name, Address, Phone, e-mail address, etc.) is shared with www.wirelend.com.
We may use personal information to provide the services you've requested, including services that display customized content and advertising. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. You may opt-out and remove your SMS information by sending "STOP", "END", "QUIT" to the SMS text message you have received. If you remove your SMS information from our database it may no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
Do Not Call Registry Compliance:
By submitting personal contact and/or financial information, the user hereby grants written permission to www.wirelend.com, its affiliated sites, and its business partners for contact via telephone, mail, and/or e-mail. Further, by registering at www.wirelend.com you are consenting to receive phone calls from www.wirelend.com, its affiliated sites, and its business partners for contact via telephone, including but not limited to lenders that may contact you regarding a loan and thereby registrants waive their right to file a claim with the FTC or any other agency in reference to these calls or contacts.
Customers who have used our services in the past are treated with the same respect as current customers.
Confidentiality and security
Your information is confidential in order to provide you with security. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your nonpublic personal information against unauthorized access or use.
Maintaining the accuracy of your information is a shared responsibility. We maintain the integrity of the information you provide us and may update your records when you notify us of a change. Please contact us at the address or phone number listed below when information concerning you changes.
We may send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We also communicate with our users to provide requested services and in regards to issues relating to the account via e-mail or telephone when requested.
Notification of changes
You may update, edit, or verify your information at any time. To make any changes or remove your information please contact us here.
Terms & Conditions
NOT A LENDER
This website does not constitute an offer or solicitation to lend. The Operator of this website is NOT A LENDER, does not make loan or credit decisions, and does not broker loans. The operator of this Web Site is not an agent, representative or broker of any lender and does not endorse or charge you for any service or product. This website provides a service only and is not acting as a representative, agent, or correspondent for any service provider or lender. This website's aim is to inform users of possible lenders who may be able to satisfy the needs of a particular consumer.
If your application is for a short-term loan, not all short-term lenders can provide up to $1,000; if you are applying for an installment loan, not all installment loan lenders can provide up to $2,500. Cash transfer times may vary between lenders and in some circumstances faxing may be required. Completion of this application in no way guarantees that you may be processd for a cash advance offer. This service is not available in all states and the states serviced by this Website may change from time to time and without notice.
REPRESENTATIVE APR RANGE
www.wirelend.com is not a lender and does not provide short-term or installment loans but refers consumers to lenders who may provide such loans. www.wirelend.com is unable to supply you with an exact APR (Annual Percentage Rate) that you may be charged if you are processd for a loan. APRs vary according to the information supplied by you in your loan request and your lender. You may be given the APR, loan fees, and other terms by your lender when you are redirected to your loan agreement in the loan request process.
The APR on a short-term or installment loan can range from 200% to 2,290% depending on how the APR is calculated (nominal vs. effective), the duration of the loan, loan fees incurred, late payment fees, non-payment fees, loan renewal actions, and other factors. Keep in mind that the APR range is not your finance charge and your finance charge may be disclosed later on.
How does the APR for a single payment short-term or installment loan compare to other options?
Compare your options for the cost of $100 extension of credit for 14 days:
|Product Type (single repayment)||Charge||APR|
|NSF + Bounced Check||$45.00||1,173.21%|
IMPLICATIONS OF NON-PAYMENT AND OTHER CONSIDERATIONS
www.wirelend.com is not a lender and does not charge any fees for its services. Every lender in the www.wirelend.com network provides the consumer with specific terms, conditions, and practices prior to the consumer’s acceptance of the loan. We recommend that you carefully review the terms and conditions of any loan offer presented to you.
IMPLICATIONS OF NON-PAYMENT, LATE PAYMENT, OR PARTIAL PAYMENT
When you accept the terms and conditions for a loan offer, you are agreeing to pay back the loan principal and finance charges in the amount of time shown in the documents supplied by your lender. Additional fees or charges by your lender may apply in the event that you are unable to repay your loan in full or if you make a late payment. www.wirelend.com cannot predict the amount of the fees or charges that you may incur as a result of non-payment, late payment, or partial payment. www.wirelend.com has no control of knowledge of the loan details between you and your lender. Please refer to the late payment, partial payment, and non-payment policies detailed in the loan documents provided by your lender. www.wirelend.com does make an effort to work only with reputable lenders dedicated to pursuing collections of past due accounts in a fair and reasonable manner.
FEES AND INTEREST
If processed for a loan, your lender may present you with the exact fees and interest rate of your loan prior to your acceptance of the loan. www.wirelend.com is not a lender and cannot predict the exact fees and interest of the loan option presented to you. You are under no obligation to accept the terms presented to you by the lender.
CREDIT SCORE IMPACT
www.wirelend.com does not make credit decisions nor does www.wirelend.com conduct a credit inquiry on consumers. Some lenders on the www.wirelend.com network may conduct a non-traditional credit check in order to determine your eligibility for a loan. Lenders typically do not conduct a credit inquiry with the three major credit bureaus: Transunion, Experian, or Equifax. Ultimately, your credit score may or may not be affected by the actions of a particular lender. If you do not repay your loan on time your lender may report this delinquency to one or more credit bureaus, which could have a negative impact on your credit score. We encourage consumers with credit problems to consult a Credit Counseling company.
RENEWAL POLICY INFORMATION
Loan renewal policies are largely governed by state regulatory legislation. Every Lender has its own renewal policy, which may differ from Lender to Lender. The loan renewal options may be presented to you by your lender prior to your acceptance of the loan. Please make sure to diligently read the renewal policy presented to you prior to signing the loan documents. Short-term and installment loans are intended to be a short term financial instrument. www.wirelend.com encourages all consumers to repay the loan on time and in full in order to avoid late payment and/or non-payment fees. If you suspect that you may be unable to pay off a short-term or installment loan we would recommend that you explore other loan alternatives before applying for a short-term or installment loan.
www.wirelend.com is not a lender and www.wirelend.com does not engage in debt collection practices. Your lenders' collection practices may be disclosed to you in the loan documents. If you are unsure of the collection practices used by a specific lender we recommend that you discuss this issue with your lender directly. www.wirelend.com makes reasonable efforts to only work with established, reputable lenders who pursue collections of past due accounts with fair conduct.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A RESIDENT OF THE UNITED STATES (BUT NOT A RESIDENT OF ARKANSAS, ARIZONA, GEORGIA, OREGON, WEST VIRGINIA OR ANY OTHER STATE WHERE PROHIBITED BY LAW), AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
Subject to your compliance with the terms and conditions of this Agreement, www.wirelend.com grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website and Services. THE WEBSITE AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE (EXCEPT AS EXPRESSLY SET FORTH HEREIN). The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed without the express written consent of www.wirelend.com. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of www.wirelend.com or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section may immediately terminate.
In connection with your use of the Services, you are required to complete an application form. You represent and warrant that all user information you provide on the application form or otherwise in connection with your use of the Website and Services may be current, complete and accurate.
www.wirelend.com IS NOT A LENDER
www.wirelend.com DOES NOT PROVIDE SHORT-TERM LOANS BUT, INSTEAD, REFERS CONSUMERS TO LENDERS WHO MAY PROVIDE SUCH LOANS. www.wirelend.com SHARES CONSUMER APPLICATION INFORMATION WITH ONE OR MORE LENDERS AND/OR THIRD-PARTY MARKETING PARTNERS. www.wirelend.com CANNOT, AND DOES NOT, GUARANTEE THAT IT WILL MATCH A CONSUMER WITH A LENDER, OR THAT A CONSUMER'S APPLICATION WILL BE APPROVED BY A LENDER. www.wirelend.com CANNOT, AND DOES NOT, GUARANTEE THE AMOUNTS OF FUNDS THAT MAY BE EXTENDED TO A CONSUMER IF ANY LENDER APPROVES A CONSUMER'S APPLICATION. CONSUMER CREDIT CHECKS MAY BE PERFORMED.
YOU AGREE TO HOLD WWW.WIRELEND.COM AND ALL OF ITS OWNERS AND OFFICERS HARMLESS REGARDING ANY ISSUES THAT ARISE BETWEEN YOU AND THE LENDER OR YOU AND THE COMPANY THAT OPERATES THE APPLICATION.
RELATIONSHIP AND OBLIGATION OF THE PARTIES
You acknowledge and agree that you and lenders ("Lenders") enter contracts directly with each other to obtain or provide certain short-term loans. www.wirelend.com is not a party to any contract between you and Lenders for short-term loans, and is not involved in the contracting between you and Lenders. All rights and obligations for short-term loans are solely between you and Lenders. www.wirelend.com HAS NO CONTROL OVER AND DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR OFFERED SHORT-TERM LOANS, THE ABILITY OF LENDERS TO DELIVER SHORT-TERM LOANS, THE ABILITY OF CUSTOMERS TO REPAY SHORT-TERM LOANS, OR THAT A CUSTOMER OR LENDER WILL ENTER A BORROWER-LENDER RELATIONSHIP. Each customer and Lender must look solely to the other for the enforcement and performance of all their rights and obligations for short-term loans, and any other terms, conditions, representations, or warranties associated with such dealings.
By completing an application through the Website, you consent to receive certain administrative email communications from www.wirelend.com. You also consent to receive periodic online and offline marketing communications from www.wirelend.com. You may opt-out of receiving www.wirelend.com marketing communications at any time by clicking the unsubscribe link and following the opt-out instructions.
CONSENT TO RECEIVE COMMUNICATIONS FROM LENDERS
By registering with the Website, your thereby consent to receive communications, including by mail, email and telephone, from Lenders.
The Website may be linked with the websites of third parties ("Third-Party Websites"). www.wirelend.com does not have control over the content and performance of Third-Party Websites. www.wirelend.com HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, www.wirelend.com DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. www.wirelend.com DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
www.wirelend.com imposes certain restrictions on your use of the Website and the Services. you represent and warrant that you may not, without limitation:
(a) violate or attempt to violate any security features of the Website or Services;
(b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, "www.wirelend.com Content");
(c) use any software that enables copying or duplication of www.wirelend.com Content for later off-line viewing;
(d) distribute, display, modify, transmit, resell, reuse, or repost www.wirelend.com Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of www.wirelend.com ;
(e) provide false, misleading or inaccurate information to www.wirelend.com or any Lender;
(f) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (g) harvest or otherwise collect information about www.wirelend.com users, including email addresses and phone numbers;
(h) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
(i) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (j) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;
(k) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
(l) use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services;
(m) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or
(n) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by www.wirelend.com Parties in providing the Website or Services. Any violation of this section may subject you to civil and/or criminal liability.
DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
www.wirelend.com HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, www.wirelend.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. www.wirelend.com DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD www.wirelend.com OR ITS LENDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF www.wirelend.com IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL www.wirelend.com BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO www.wirelend.com ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF www.wirelend.com TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN www.wirelend.com AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN YOU AND www.wirelend.com. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website and Services may be in accordance with this Agreement and any other www.wirelend.com policies, and with any applicable laws or regulations.
INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, you agree to defend, indemnify and hold harmless www.wirelend.com and its officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and attorneys' fees, arising out of or relating to: (i) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the Website or Services; (iii) your provision to www.wirelend.com or any of the Indemnified Parties of information or other data; or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties may have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Scottsdale, Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You and www.wirelend.com agree that any dispute, of any nature whatsoever, between you and www.wirelend.com arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (AAA) in Phoenix, Arizona (unless you and www.wirelend.com mutually agree to a different arbitrator) who shall render an award in accordance with the AAA's Commercial Arbitration Rules and the substantive laws of Arizona. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator may award costs (including, without limitation, the AAA fee and reasonable attorneys' fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate may not preclude you or www.wirelend.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate may not preclude you or www.wirelend.com from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN AND AROUND PHOENIX, ARIZONA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
(a) Termination; Survival
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that you breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by www.wirelend.com. If www.wirelend.com , in www.wirelend.com 's discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, www.wirelend.com may be entitled to recover from you as part of such legal action, and you agree to pay, www.wirelend.com 's reasonable costs and attorneys' fees incurred as a result of such legal action. www.wirelend.com Parties may have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement. Upon termination, all rights, licenses and obligations created by this Agreement may terminate, except that Sections 1, 4-8, and 11-20 may survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. www.wirelend.com shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to www.wirelend.com. You agree that any notice received from www.wirelend.com electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH www.wirelend.com IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY AN EMAIL TO THAT ADDRESS. You shall give any notice to www.wirelend.com by means of email to: firstname.lastname@example.org. Notice to www.wirelend.com shall be effective upon receipt of notice by www.wirelend.com.
This Agreement constitutes the entire agreement between www.wirelend.com and you concerning your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of www.wirelend.com or by the unilateral amendment of this Agreement by www.wirelend.com and by the posting by www.wirelend.com of such amended version. If any part of this Agreement is held invalid or unenforceable, that part may be construed to reflect the parties' original intent, and the remaining portions may remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, may not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder may not be assignable or transferable by you without the prior written consent of www.wirelend.com. This Agreement may be binding upon and may inure to the benefit of the parties, their successors and permitted assigns. You and www.wirelend.com are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except as and to the extent set forth in Sections 12, 13, 14 and 16, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to www.wirelend.com , and would therefore entitle www.wirelend.com to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.