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This service is hosted by Yield Solutions Group d/b/a RefiJet (hereafter collectively referred to as “RefiJet”, “we”, “us”, and “our”). Please review the following terms of service (the “Terms”) concerning your use of and access to the RefiJet website located at www.RefiJet.com (“Website”), and any products or services offered therefrom (collectively referred to hereafter as, the “Services”). By accessing, using, or downloading any materials or content from RefiJet or via the Services, you agree to follow and be bound by the Terms, which constitute a legal agreement between us and you. If you do not agree with the Terms, then you should not use the Services. Note that these Terms govern your use of the Website and Services. Your loan documents will contain the terms that are specific to that finance transaction.
Certain portions of the Website will be accessible to you without requiring you to accept these terms. However, in order to access many of the services, you will be required to demonstrate your agreement to these terms by reviewing the terms and indicating your acceptance as part before you can continue. In addition, if you do not also accept the authorization to submit your information (the “authorization”) and consent to our our Website privacy policy (the “Website Privacy Policy”), our Gramm-Leach Bliley Act Privacy Notice (“Privacy Notice”) and e-Sign requirements (the “eSIGN Policy”), your use of the services may be limited.
You represent that you are at least the age of majority in your state.
You may browse portions of this Website without submitting a credit inquiry. If you elect to submit a credit inquiry, you must provide complete and accurate information as prompted by the applicable form and any subsequent verbal interactions. It is possible you will have to log into a secure online portal to complete the credit inquiry process and/or any subsequent loan. If you do, you will establish log-in credentials and you will be required to agree to these Terms, our Privacy Notice, and Electronic Consent along with other disclosures and/or consents. You are entirely responsible for maintaining the confidentiality of your username and password. You agree to immediately notify us of any known or suspected unauthorized use of your password, username or account or any other breach of security of which you become aware. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, USERNAME OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE, OR FOR ANY INACCURACIES IN YOUR DATA, OR FOR INCOMPLETE DATA.
We reserve the right to change these Terms at any time by posting an updated version of this document which reflects any changes, and which will go into effect on the Effective Date indicated above. You should check back periodically to see updated Terms posted on the Website. Your continued access or use of the Services shall be deemed conclusive evidence of your acceptance of any modified Terms.
2.Limited License to Use the Services
Subject to and conditioned upon your compliance with the Terms and other agreements between you and RefiJet, RefiJet hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non- transferable, and non-assignable license to use the Services. RefiJet reserves all other rights in The Services that are not expressly granted to you in these Terms.
You agree to access and use the Service solely for your personal, non-commercial use only. You understand that your access rights are personal, nonexclusive and nontransferable, that your rights may be terminated by us if you do not abide by these Terms and that you may have liability to us or to third parties if you misuse the Service.
It is your obligation to comply with all applicable local, state, federal, and local l laws applicable to your use of the Services. Except as expressly specified in these Terms, you may not:
(a) copy or modify the Services;
(b) transfer, sublicense, lease, lend, rent, or otherwise distribute The Services to any third party;
(c) distribute viruses or other harmful computer code;
(d) use the Services for purposes outside of those expressly permitted by this Website;
(e) damage, disable, overburden, or impair the Services (or any server or networks connected thereto);
(f) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms;
(g) disassemble, decompile, or otherwise reverse engineer any components of the Services provided in object code; any other RefiJet products or services, in whole or in part; or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition
(h) interfere with any third party’s use and/or enjoyment of the Services (or any server or networks connected thereto);
(i) modify, frame, render (or re-render), mirror, truncate, inject, filter, or change any content or information contained in the Website, without our prior written consent;
(j) use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm, or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website, or any portion thereof;
(k) use the Services for any purpose in violation of local, state, national, or international laws or regulations;
(l) disguise the origin of information transmitted to, from, or through the Website or App;
(m) impersonate another person or representative of an organization;
(n) collect information about our Services without our prior written consent;
(o) allow any other person or entity to impersonate you to access or use the Services;
(p) access or use our Website for competitive purposes;
(q) use the Services in any way that is intended to harm, or that a reasonable person would understand would likely result in harm to, the user or others; or
(r) circumvent any measures implemented by us aimed at preventing violations of these Terms.
3.Auto Finance Request Services
We connect individuals interested in credit like you with third party entities, including, without limitation, affiliated, and/or nonaffiliated financial institutions (“Lenders”) to enable you to apply to refinance your existing vehicle loan through one of the Lenders with which RefiJet does business (“Participating Lenders”). RefiJet seeks to work with you to help you obtain a conditional offer from one of our Participating Lenders to finance your selected vehicle, but RefiJet is not a lender and does not make credit decisions. The information you submit to RefiJet will be used by RefiJet to contact you by telephone to match you with a Lender who has provided us with its pre-established credit criteria (“Criteria”). We will do a soft pull (obtain a copy of your consumer report, which will not be noted as an inquiry on your credit report), so that when we talk to you, we can work with you to determine what Lenders’ Criteria you satisfy and terms that are acceptable to you. We do not guarantee that we will be able to find a Lender and/or terms acceptable to you. And to the extent we do, it will not be an offer of credit. You will have to consent to submitting a formal credit application to the Lender if you decide to proceed. Once you approve RefiJet to submit your credit application to the Lender, we will work with you to submit the application for the Lender’s review and they will obtain a credit report on you, so they can make a credit decision and potentially return an automotive financing product offer (“Financing Offer”), which may be different than the information and estimate we provided. If your application is sent to a Lender and is not approved, you will be notified of the decline by the Lender. We may also provide you with the opportunity to purchase third party ancillary products in connection with any refinancing (“Third Party Providers”). Your information will not be provided to any Third Party Provider unless you elect to purchase one of their products.
RefiJet does not require the purchase of any product or service from RefiJet or any particular Lender or Third Party Provider to receive the Services or to submit an application to a Lender. We do not provide financial advice and you should rely on your own judgment in deciding which terms are acceptable to you and your financial situation. RefiJet does not guarantee your use of the Service will result in a conditional offer from any particular Lender, or that any specific terms or conditions will be available from Lenders. Credit approval standards are established and maintained solely by individual Lenders. Your qualification for Financing Offers will be based upon, among other considerations, the results of an independent credit evaluation performed by or on behalf of the Lender, current prevailing interest rates, and the length and amount of the financing requested, as well as the vehicle being refinanced. However, RefiJet does not guarantee that the credit terms or rates offered and made available by Lenders will be the best terms or lowest rates available. You are free to work with a Lender or not.
You understand and agree that the Lender(s) will share information about your credit application, including details regarding its credit decision and any resulting loan, with us. RefiJet will provide to you the response of the Lender(s) who has evaluated your credit application, but RefiJet plays no role in making a conditional offer of credit, or establishing the rates and/or terms offered by any Lender. The rates, terms, and any fees of any Lender may be higher or lower depending on your credit profile. A Lender may require other documentation as the Lender deems necessary in order to finalize a Financing Offer or make a loan. You understand that RefiJet and Lenders shall keep your credit inquiry information and any other information provided by you in the processing of your credit inquiry for any legally required retention period, whether or not we are able to match you with a Lender or you receive a Financing Offer.
4.Customer Account Access/Security
In order to utilize certain Services, you may need to create access to a customer portal (“account”). You agree to (a) provide accurate, truthful, current, and complete information when using your account; (b) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your device; and (c) promptly notify us if you discover or otherwise suspect any security breaches relating to the Services or your account.
RefiJet maintains physical, electronic, and procedural safeguards to protect the confidentiality and security of Personal Information (as defined in Section 5, below) and other information transmitted through the Services. However, no data transmission over the Internet or other network can be guaranteed to be absolutely secure.
In order to use the Services, you understand that you will be required to agree to communicate with us electronically, and that, except as otherwise provided in our E-Sign Policy, we may provide you with all notices and disclosures in electronic format (e.g. via email, portal, or the Website).
5.Information Collected; Cookies and Tracking
RefiJet may require you to provide personally identifiable information as part of the Services (collectively, “Personal Information”). This information will be used to provide information for a credit inquiry that you may submit to a Lender to comply with legal requirements that this information be recorded and verified, to prevent fraud, prevent identity theft, and to prevent material misrepresentation. This information will not be forwarded to any Lender without your approval. Prior to submitting a credit inquiry to us, or a credit application to the Lenders, you will be required to consent to such submission, and to us and the Lenders obtaining a credit report.
When you use the Services, we may also store some information on your computer’s hard drive. This information will be in the form of a “Cookie”. “Cookies” are information files which your web browser places on your computer when you visit a website.
RefiJet may also collect and use non-personally identifiable information, which is any information other than Personal Information and/or information which does not identify the specific individual, including without limitation: IP address, your approximate geographic location based on your IP address, the type of browser and operating system you use, any interactions you may initiate within the Services, the websites and web pages that you visit or visited, your interactions with features of the Services, content preferences that you select, and other inferences about your interests made based upon the foregoing.
6.Privacy of Your Information
We will only use your information to provides the Services, and in accordance with applicable law and our Privacy Notice.
The Services are exclusively hosted in the United States. If you are accessing the Services from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please note that you are transferring your personal data to the United States, which does not have the same data protection laws as such other regions. User information (including personal information or “personal data” as defined by foreign laws) collected through the Services may be stored and processed in the United States, and by using the Services, you consent to any such transfer of information outside of your home country.
7.Termination of Use of the Services
Except as otherwise described in these Terms, if you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue using the Service. We reserve the right to amend or terminate the Services without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, and services described, depicted, or made available via the Services are subject to change at any time without notice, except as may be required by applicable law. We have the right to suspend the Services or close any account with us and block your use of our Services if you have failed to comply with any part of the Terms (as determined by us in our sole discretion). You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms and that they fully comply with them.
8.Online Child Privacy Protection
The Website, and the Services are not intended for children under the age of thirteen (13) years and do not encourage any person under the age of eighteen (18) to provide their personal information. Accordingly, our policy is that we do not intentionally collect information from children under the age of thirteen (13). If we are aware that we have collected such information, we will comply with the requirements of the Children’s Online Privacy Protection Act (COPPA), including the removal of such information from our systems. For additional information about COPPA, you can access the Federal Trade Commission’s website at: www.FTC.gov.
9.Email and Phone Communications
Providing an email address may generate an invitation to receive an email newsletter or other correspondence. Your email address and any Personal Information will not be distributed or shared with third parties except in accordance with this Terms of Use, applicable law, and as provided in our Privacy Notice. If we send you marketing emails, you will have an opportunity to unsubscribe by clicking on an “unsubscribe” hyperlink contained in promotional or marketing emails we send you. You will continue to receive transaction-related email correspondence from RefiJet related to the Services.
Also, in order for us to fulfill your request for the Services, we may make calls and/or send text messages to you, using prerecorded/artificial voice messages and/or through the use of an automatic dialing device, at any telephone number you provide to us, including wireless telephone numbers that could result in charges to you.
10.Intellectual Property Rights
You acknowledge and agree that portions of the Services, including without limitation the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of RefiJet and its licensors. Except where expressly stated otherwise, RefiJet and/or its licensors are the owner or the licensee of all intellectual property located on the Website, or in the materials published or otherwise made available through the Services. Those works, marks, or inventions may be protected by copyright, patent, and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted, and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except as expressly provided herein, nothing on our Website may be construed to confer any license or ownership right in the materials published or otherwise made available through our Services, whether by estoppel, implication, or otherwise. All rights not granted to you in these Terms are reserved by RefiJet.
11.Copyright Infringement Notice
You understand that RefiJet and its licensors retain all ownership rights in the Service (including, for purposes of clarity, the Website and any tools and/or proprietary content made available through the Service) and that you do not receive any ownership rights or license rights, except as set forth herein, by accessing or using the Service or consenting to these Terms. All trademarks, service marks and trade names are owned by us or other respective owners. The entire content of the Service and the Website, including but not limited to text, design, software, photography, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).
12.No Agency Relationship
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by the Terms. Without limiting the foregoing, except as expressly set forth herein, RefiJet is not acting and does not act as an agent for you in connection with your use of the Services.
13.Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WEBBUY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS., INCLUDING THE LOSS OF YOUR PERSONAL INFORMATION DURING TRANSMISSION, AND YOU HEREBY RELEASE REFIJET FROM ANY LIABILITY FOR DIRECT OR INDIRECT LOSSES IN CONNECTION THEREWITH.
14.Limitation of Liability
IN NO EVENT SHALL REFIJET OR THE LENDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF OUR SERVICES, AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF WE OR THE THIRD-PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL REFIJET HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE OR THE WEBSITE WHICH IN THE AGGREGATE IS MORE THAN $200. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH OR RELATED TO ITS INDEMNITY OBLIGATIONS.
15.Severability
If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render the Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
16.Governing Law & Dispute Resolution
The laws of the State of Colorado will govern these Terms without giving effect to any principles of conflicts of laws; however, the Arbitration Agreement below will be subject to the Federal Arbitration Act as more fully described below.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It is part of your agreement with us and affects your rights. This Arbitration Agreement provides that all disputes between you and RefiJet, shall, at your or our election, be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, the Application Authorization, and the e-SIGN Policy (EXCEPT for matters that may be taken to SMALL CLAIMS COURT as described herein). Please note that:
(a) Dispute Resolution by Arbitration: Any and all claims, controversies, or disputes arising out of or related in any way to these Terms, the Application Authorization, the e-SIGN Policy, or your use of the Services shall be subject to binding arbitration pursuant to the Federal Arbitration Act. This Arbitration Agreement shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-6. This Arbitration Agreement applies to, without limitation, (1) all issues concerning any transaction in connection with which this Arbitration Agreement has been entered into; (2) initial claims, counterclaims, cross-claims, and third-party claims, whether arising in law or equity, and whether based upon federal, state, or local law; contract; tort; fraud or other intentional tort; Constitution; common law; or statute;
(b) any issue as to whether any such claims, controversies, or disputes are subject to arbitration; and (4) any claims, controversies, or disputes that would otherwise be subject to class actions. This means that all claims, controversies, or disputes that are the subject of class actions will also be subject to binding arbitration under the FAA and this Arbitration Agreement. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
(c) Consent to Arbitration: You and we understand and agree that you and we are choosing arbitration rather than litigation to resolve disputes. You and we understand that you and we have the right to litigate disputes but that you and we prefer to do so through arbitration. In arbitration you may choose to have a hearing and be represented by counsel. THEREFORE, YOU UNDERSTAND THAT, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY:
(i)WAIVE ANY RIGHTS TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
(ii)WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND
(iii)TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
(d) Opt-out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: QC@refijet.com, within 30 days of entering into these Terms. If you send this notice, then the Arbitration Agreement will not apply to either party. In not sending this notice, you are communicating your consent to be bound by this Arbitration Agreement.
(e) Procedure for Arbitration. Arbitration may be heard, at the claimant’s election, by:
You may initiate arbitration by contacting the arbitration forum of your choice using the contact points provided above. If you require assistance in a language other than English, or special services to accommodate a disability, please select an arbitration forum that can accommodate your needs.
(f) The arbitration shall be conducted by a single neutral, qualified, and competent arbitrator selected by you and us under the rules of the arbitration forum selected. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor all claims of privilege recognized by law. The Arbitration shall take place in a location determined by the arbitrator in the federal district of your residence.
(i)Whether we or you file for arbitration under this Arbitration Agreement, we will bear all other costs of the arbitration except for your attorneys’ fees and costs, unless awarded by the arbitrator under applicable law.
(ii)You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law. Because arbitration is a final, legally-binding process that may impact your legal rights, you may want to consider consulting an attorney.
(iv)The arbitrator shall allow for the discovery or exchange of non-privileged information relevant to the dispute, under the arbitrator’s supervision, prior to the arbitration hearing or submission of written presentations.
(v)Arbitrations may be decided upon written presentations, unless the amount of relief requested exceeds $25,000. The arbitrator may consider dispositive motions, but shall generally hold a conference call among all the parties prior to permitting any written motion. The arbitrator may hold hearings in person or by conference call, and hearings generally will not exceed one day. If you or we show good cause, the arbitrator may schedule additional hearings within seven calendar days after the initial hearing.
(g) Interpretation of this Arbitration Agreement. Any dispute as to the arbitrability of a claim shall be decided by the arbitrator. Any dispute as to the validity of the portion of this Arbitration Agreement that prohibits class arbitration shall be a matter for resolution by a court and not by the arbitrator. In the event that the court deems the portion of this Arbitration Agreement that prohibits class arbitration to be unenforceable, then the court shall retain jurisdiction over the dispute and this Arbitration Agreement shall be null and void.
(h) Statutes of Limitations. All statutes of limitations that are applicable to any claim or dispute shall apply to any arbitration between you and us.
(i) Attorneys’ Fees. The arbitrator may, but is not required to, award reasonable expenses and attorneys’ fees to the prevailing party if allowed by statute or applicable law and by the rules of the arbitration forum.
(j) Awards. The arbitrator shall issue the award in accordance with the rules of the arbitration forum. Unless you and we agree otherwise, the award shall provide the concise written reasons for the decision and shall apply any identified, pertinent contract terms, statutes and legal precedents. The arbitrator may grant any remedy, relief or outcome that you or we could have received in court.
(k) Enforcement of Award. The award of the arbitrator shall be binding and final after fifteen (15) days have passed and judgment upon the arbitrator’s award may thereafter be entered in any court having jurisdiction.
(l) Appeal Procedure. Within fifteen (15) days after an award by the arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration service. The decision of the panel of three neutral arbitrators will be immediately binding and final.
(m) Small Claims Court. Notwithstanding any other provision of this Arbitration Agreement, you and we shall retain the right to seek adjudication in Small Claims Court of any matter within its jurisdiction. Any matter not within the Small Claims Court’s jurisdiction shall be resolved by arbitration as provided above.
17.Miscellaneous
These Terms (together with the website Privacy Policy, the Privacy Notice and the e-SIGN Policy) represent the parties’ entire understanding relating to the use of the Services and supersedes any prior or contemporaneous, conflicting or additional communications.
You may not assign these Terms without the prior written approval of RefiJet, but RefiJet may assign these Terms without restriction. Any purported assignment in violation of this section shall be void. The terms and conditions herein may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Any and all rights not expressly granted herein are reserved by RefiJet.
18.Lender Notice
The following notice is provided on behalf of the Lender that makes you a loan:
19.Important Information About Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
20.State-Specific Disclosures
CALIFORNIA RESIDENTS: If married, you may apply for credit separately as an individual.
MAINE RESIDENTS: You have free choice in the selection of the agent and insurer through or by which the insurance in connection with the requested loan is to be placed regardless as to whether that insurer is affiliated with either YSG or the lender. Your decision to obtain any insurance product from an agent, broker or insurer of your choice will not affect the credit decision unless the insurance product you choose does not comply with the lender’s reasonable requirements.
NEW YORK RESIDENTS: In connection with this application, we may request a consumer report on you. If you request, we will inform you whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished the report. Additional consumer reports may be ordered without further notice to you in connection with any update, renewal or extension of credit granted.
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
RHODE ISLAND RESIDENTS: Credit Reports may be obtained in connection with this application for credit.
VERMONT RESIDENTS: You authorize any financial service provider with whom this application is shared, and each of their respective employees or agents, to obtain and verify information about you (including one or more credit reports, information about your employment and banking and credit relationships) that they may deem necessary or appropriate in evaluating your credit application. If your application is approved and credit is granted, you also authorize the parties granting credit and/or holding your account, and their respective employees and agents, to obtain additional credit reports and other information about you in connection with reviewing the account, increasing the available credit on the account (if applicable), taking collection on the account, or for any other legitimate purpose.
WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under Wis. Stat. 766.59, or a court decree under Wis. Stat. 766.70 applied to marital property adversely affects the lender’s interest unless you furnish a copy of such agreement, statement, or decree to the lender or the lender has actual knowledge of such adverse provision before credit is granted.
21.Contact Us
Please feel free to contact us with any comments, questions, or suggestions you might have regarding the Services. If you have any concerns about any aspect of our Services, please let us know and we will do our best to respond promptly and to try to resolve any issue. You can contact us at: QC@refijet.com.
