Terms of Service
EFFECTIVE DATE: January 1st, 2019
IMPORTANT: Legal Terms of Website Use
Welcome to Exclusive Online Advance (the "Company") Web Site (the "Site")! Your access to and use of the Site is subject to the Terms of Website Use set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.
THE COMPANY MAY, FROM TIME TO TIME, MAKE CHANGES OR ADDITIONS TO THIS AGREEMENT. YOUR CONTINUED USE OF THE SITE AFTER THE COMPANY MAKES SUCH CHANGES OR ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT Terms of Website Use.
By submitting the form(s), you understand and agree that you are submitting an inquiry about a loan product to Around The Clock Cash and each of the participating lenders to whom Around The Clock Cash transmits your loan request. By submitting the form(s), you are extending an express invitation to Exclusive Online Advance to any and each of the participating lenders with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.
Participating lenders who receive your information from Around The Clock Cash review your information in real-time to determine whether your information meets the lenders loan qualification criteria. Participating lenders may, among other things, verify your social security number, perform a credit check, and review your information against national databases (such as Teletrack, DP Bureau or DataX) that tracks consumer transactions with lending institutions. By submitting the form(s), you agree to allow participating lenders to review, verify, and research your information in such manner.
Exclusive Online Advance is not a lender and does not make loans or credit decisions. Exclusive Online Advance does not guarantee acceptance into any particular loan program or specific loan terms of conditions with any participating lender. Exclusive Online Advance does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by participating lenders through the lender marketplace are the best terms available in the market.
Exclusive Online Advance does not endorse or recommend the products of any particular lender. Exclusive Online Advance is not an agent of you or any participating lender. Exclusive Online Advance is not involved with the lenders use and/or review of your information or in making a determination about whether you meet a particular lenders loan qualification criteria. The lender is solely responsible for its services to you, and you agree that Around The Clock Cash shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the lender marketplace. You understand that participating lenders may keep your information, whether or not you are qualified for a loan with them.
Everything appearing on the Site is protected under the copyright laws of the United States and other countries and may not be used except as provide in these Terms of Website Use. The Company neither represents nor warrants that your use of materials displayed at the Site will not infringe rights of third parties.
Security at the Site.
While the Company uses reasonable efforts to safeguard the security of the Site, there can be no guarantee that such safeguards will successfully prevent unauthorized alterations in the Site's content or functionality. The Company assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
Inaccuracies at the Site.
While the Company uses reasonable efforts to include accurate and up-to-date information at the Site, the Company makes no warranties or representations as to the Site's accuracy. The Company disclaims any and all liability for the accuracy, completeness, or correctness of such information.
Disclaimer of Warranties.
Neither the Company nor any other party involved in creating, producing, or delivering the Site makes any representations about the suitability of the content of this Site for any purpose, nor that your use of the Site will be uninterrupted or error-free. EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions may not allow the exclusions of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liabilities.
Your use of and browsing in the Site are at your risk. Neither the Company nor any other party involved in creating, producing, or delivering the Site assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN NO EVENT SHALL THE COMPANYS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Content Submitted or Made Available for Inclusion at the Site.
Any unsolicited communication or material you transmit to the Site by electronic mail or otherwise, including any data, comments, suggestions, questions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, the Company will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material you send to the Site for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products using such information.
We are a marketing entity and are not the lender of your loan. Therefore, we direct your attention to your lender for the full and appropriate disclosure of both the interest rate and APR for your loan.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provide in these Terms of Website Use, is strictly prohibited. You are also advised the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Images of People or Places.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Company. Unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The Company has not reviewed any other websites that may be linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Linking to any other off-site pages or other sites is at your own risk.
Consent to Receive Emails.
By using the Site, you consent to receive administrative emails from us. You also consent to receive marketing emails from us and our third-party marketing partners on our behalf. You may opt-out of receiving emails at any time by clicking here and following the opt-out instructions.
Conduct of Site Visitors.
Although the Company may occasionally monitor or review postings, transmissions, and the like on the Site, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, defamatory, scandalous, threatening, libellous, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. The Company retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United Stated Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify the Company against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
The Company may give notice to its users by means of a general notice on this Site, electronic mail to a user's e-mail address on its records, or by written communication sent by first class mail to a user's address on its records.
Monitoring, Copying, Altering or Interfering With the Site.
You agree that you will not use any Web crawler, robot, spider, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that poses an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of the Company or the appropriate third party.
These Terms of Website Use shall be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any principles of conflicts of law. Without limiting the general applicability of the arbitration provision set forth in Section 17 below, you agree that any action at law or in equity arising out of or relating to these Terms of Website Use shall be filed only in the state or federal courts located in Escambia County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms of Website Use shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms of Website Use and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
General Loan Information.
This service is a lender marketplace. We are not a lender and do not make loans or credit decisions in connection with loans. Instead, we refer consumers seeking loans to lenders who may provide loans. We may refer a consumer directly to a lender, or we may refer a consumer to a third-party partner who then may refer the consumer to a lender. We may share consumer application information with more than one lender and/or third-party partner. Consumers who do not find a lender may be directed to a third-party website, which advertises third-party products and services. We can not guarantee you will be connected with a lender.
This service is not available to residents from Arizona, Georgia, Kansas, New York, Virginia, and West Virginia. Additionally, active military and their dependants are unable to use the lender marketplace.
The APR on a short term loan represents the amount of your loan, cost of the loan, term of the loan and repayment amounts and timing. Loans on the lower end of the APR range may be for a larger loan amount and for a longer term. Loans on the higher end of the APR range may be for a smaller loan amount and for a shorter term. Depending on your credit needs, and desire to pay your loan off quickly, your lender may only offer you loans with an APR near the high end of the range displayed.
Late / Partial Payment.
If you do not pay the full amount of principal and interest by the agreed-upon payment date, you will likely be charged a new finance charge and payment date may be extended until your next pay date. This new finance charge may be a flat fee, or may be calculated by applying the proportionate amount of the finance charge to the unpaid loan amount. Review the late payment policy detailed in the loan documents provided to you by your lender before signing your e-signature, and thereby agreeing to the loan terms.
Exclusive Online Advance does not enforce payment. If you do not pay, your lender may take legal action against you. Additional fees may apply to you in the event that you are unable to repay your loan. Information regarding your payment history, delinquency or defaults on the account may be reported to a third party consumer reporting agency and may impact your credit rating. Non-payment of credit could result in collection activities. Each Lender has their own terms and conditions, please review their policies for further information.
By providing your cell phone number, you are agreeing to receive communications from the lender. Message and data rates may apply. Under no circumstances will we be responsible for fees that your wireless carrier or other third parties may charge you for use of the Service.
If you would like to contact us via email, please send us a message at email@example.com
Additionally you may contact us at:
Exclusive Online Advance
100 Northcliff Dr. Suite 245
Gulf Breeze, FL 32561
If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable. If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in the state of Florida. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim related to your use of the Website, or any of our services. If either party proceeds to arbitration, each party will pay its own AAA filing, administration and arbitrator fees unless the arbitrator determines that a party's claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the party submitting such claim shall pay for all filing, administration and arbitrator fees. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. Each party agrees that the arbitration proceedings and results of such proceedings shall be kept confidential. This provision shall not be construed to preclude any party from seeking injunctive relief in a court of competent jurisdiction to protect its rights pending an outcome in arbitration. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Terms of Website Use do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
Disclaimers and Limitations.
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Exclusive Online Advance EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Exclusive Online Advance MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR Exclusive Online Advances's SERVICES IS AT YOUR OWN RISK. Around The Clock Cash AND/OR ITS PARTICIPATING LENDERS OR ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR Exclusive Online Advance's SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Exclusive Online Advance OR ITS PARTICIPATING LENDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Around The Clock Cash, ITS PARTICIPATING LENDERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
As a condition of using this web site and/or the services offered herein, you agree to indemnify Exclusive Online Advance and its participating lenders from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.
Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by Around The Clock Cash, or to any acts or omission for which you may contend Exclusive Online Advance is liable, including but not limited to any controversy or claim as to arbitrability ("Dispute"), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms and Conditions are unenforceable. The arbitration will be conducted in Sussex County, Delaware and judgment on the arbitration award may be entered into any court of competent jurisdiction in Sussex County, Delaware. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved. YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST Exclusive Online Advance, ANY PERSON RELATED TO Exclusive Online Advance OR A SERVICE PROVIDER USED BY Exclusive Online Advance TO PROVIDE THE SERVICE. In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Exclusive Online Advance, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Sussex County, Delaware. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and Exclusive Online Advance. These Terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by Exclusive Online Advance to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Exclusive Online Advances may amend these Terms at any time by posting the amended terms on its web site. All amended terms are automatically effective immediately, upon posting.
If you would like to contact us via email, please send us a message at firstname.lastname@example.org
Additionally you may contact us at:
Exclusive Online Advance
100 Northcliff Dr. Suite 245
Gulf Breeze, FL 32561