Quick Cash For House Terms of Service Agreement
Please read these Terms of Service (the “Terms of Service“) carefully. These Terms of Service constitute a binding legal agreement between Quick Cash For House, Inc. (“Quick Cash”, “we”, or “us”) and the individual or legal entity entering into these Terms of Service (“you” or “your”) and governs your access to and use of the listings marketplace for distressed real estate inventory made available at www.quickcashforhouse.com and all related subdomains or other websites through which such listings marketplace is made available (collectively, the “Website”), and all services and resources enabled thereby (together with the Website, the “Services”). Our Services include a platform on which Listing Agents and Sellers (each as defined below) can list and market Properties (defined below), and users of the Service (“Users”) can contact the respective Listing Agent and/or Seller, as applicable, in order to purchase such Properties. We also provide certain ancillary or supplemental Services (“Supplemental Services”), and your use of, and participation in, such Supplemental Services may be subject to additional terms (“Supplemental Terms”) which will either be listed in the Terms of Service or will be presented to you when you sign up to use the applicable Supplemental Service. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the applicable Supplemental Service. These Terms of Service and any applicable Supplemental Terms are together referred to herein as the “Agreement.”
By accessing or using the Services in any way, including visiting the Website or using any Services available on or enabled via the Website, clicking any “I Accept” button, registering for an Account (defined below), listing or browsing any Properties, or using any Supplemental Services, you represent that (1) you have read, understand, and agree to be bound by these Terms of Service, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into these Terms of Service personally and on behalf of any entity you have named as the User, as applicable, and to bind that entity to these Terms of Service. If you are using the Services on behalf of any entity, then “you” as used herein shall mean the entity identified as the User when you registered with the Services.
IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICE FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT Quick Cash THEN-CURRENT FEE FOR SUCH FEATURES OR FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL PRIOR TO THE EFFECTIVE DATE THEREOF.
PLEASE BE AWARE THAT SECTION 1.11 (QUICK CASH FOR HOUSE COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, CALLS AND PUSH NOTIFICATION. IF YOU OPT-IN TO OBTAIN TEXT MESSAGES FROM Quick Cash OR OTHERWISE INTERACT WITH THE SERVICE VIA TEXT MESSAGE, SECTION 1.11 CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.
1. SERVICES
A Listing Agent or Seller may use the Services to post photos and other information about a Property (a “Listing”).
- When you post a Listing, you represent and warrant, to and for the benefit of Quick Cash and other Users, that:
- The Property is available for sale at the price listed in the Listing;
- All information in the Listing is true, accurate and complete and if at any time you learn that any information in the Listing is untrue, inaccurate or incomplete, you will promptly update or remove such Listing;
- Any photos of the Property in the Listing are of the Property and have not been materially and/or misleadingly edited (or, if edited, that the editing is disclaimed in the Listing, e.g., “Virtually Staged”);
- If you are a Seller, that you own the Property; and
- If you are a Listing Agent, that the owner of the Property has provided consent and authorized the Listing; that the Listing does not violate any term of your agreement with such owner or any third party, and that you have the exclusive right to post or advertise the Property.
- When you post a Listing, you agree to indemnify and hold harmless Quick Cash from and against any costs, expenses, loss or damages arising from or related to third-party claims alleging your actual or alleged breach of the foregoing representations and warranties.
- Quick Cash reserves the right to require proof that you have all rights necessary to a Property to post a Listing (e.g., by requiring a copy of the applicable title or listing agreement).
- Quick Cash may remove a Listing at any time for any reason, including without limitation if Quick Cash cannot verify the accuracy of the Listing.
When you use the Services as a Buyer, you acknowledge and agree that Quick Cash is not the Seller or Listing Agent of any Property, and that the Seller or Listing Agent, as applicable, is solely responsible for any Listing and the contents thereof.
- Any Transaction Agreement entered into by you with respect to a Property is between you and the Seller of such Property, and Quick Cash is not a party to, and has no liability with respect to, such Transaction Agreement.
- When you use the Services to view Listings, you represent and warrant that:
- you have a bona fide interest in the purchase of real estate;
- you are using the Services in a professional capacity, and not as or on behalf of any individual, family, or household; and
- you will not copy, redistribute, or retransmit any of the information provided for any purpose, except solely in connection with your consideration of the purchase or sale of an individual Property.
The rights granted to you in the Agreement are subject to the following restrictions:
- you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website;
- you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services of Quick Cash (including images, text, page layout or form);
- you shall not use any metatags or other “hidden text” using Quick Cash’s name or trademarks;
- you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any content accessible via or part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website or Services (except that we grant the operators of public search engines revocable permission use automated mechanisms to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials and not to train any models or algorithms on such materials or for any other purpose);
- except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and
- you shall not remove or destroy any proprietary rights notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Quick Cash, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Services terminates the licenses granted by Quick Cash pursuant to the Agreement.
2. REGISTRATION
In order to access certain features of the Services you may be required to register an account on the Website (“Account”). When you use the Services, including to register an Account, you represent and warrant that you are
- at least eighteen (18) years old;
- of legal age to form a binding contract; and
- not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction.
You may not share your Account or password with anyone, and you agree to notify Quick Cash immediately of any unauthorized use of your password or any other breach of security. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Quick Cash reserves the right to remove or reclaim any Account at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Quick Cash, or if you have been previously banned from any of the Services.
In registering an account on the Website, you agree to
- provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account.
If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Quick Cash has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Quick Cash has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
You acknowledge and agree that your Registration Data may be shared with other Users of the Service from time to time, in Quick Cash’s sole discretion, and that Quick Cash shall not have any obligation to you, and will not owe any amounts or other consideration to you in connection therewith.
3. RESPONSIBILITY FOR CONTENT
4. OWNERSHIP
5. USER CONDUCT
As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to, directly or indirectly, either
- take any action or
- make available any Content on or through the Services that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
- is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or racially, ethnically, or otherwise discriminatory;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
- involves contests, sweepstakes, pyramid schemes, or any other illegal or regulated promotional activity;
- impersonates any person or entity, including any employee or representative of Quick Cash;
- interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement;
- manipulates the price of any Listing or otherwise interferes with a Listing;
- transfers your Account and username to another party without our consent;
- bypasses our robot exclusion hardware, interferes with the working of the Services, or imposes an unreasonable or disproportionately large load on our infrastructure;
- uses the Services to collect, harvest, transmit, distribute or submit any information concerning any other person or entity, including without limitation photographs of others, personal contact information or credit card, debit or calling card or account numbers without their permission;
- takes any action that may undermine our feedback or ratings systems;
- breaches or circumvents any laws, third party rights or our systems, policies, or determinations of your account status;
- attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services;
- has the effect of discriminating against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes; or
- reproduces, publicly displays, or otherwise makes accessible on or through any other website, application, or service any Content, including reviews, ratings, or profile information about real estate, lending, or other professionals, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services.
6. INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT
6.1 Without limiting the foregoing, Quick Cash reserves the right to:
- remove or refuse to post any of your User Content for any or no reason in our sole discretion;
- take any action with respect to any of your User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Quick Cash;
- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Services or if Quick Cash otherwise believes that criminal activity has occurred; and/or
- terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of this Agreement, Quick Cash, may, at its sole discretion immediately terminate your license to use the Services, or change, alter or remove your User Content, in whole or in part, without prior notice to you.
6.2 If Quick Cash believes that criminal activity has occurred, Quick Cash reserves the right, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your User Content, in Quick Cash’s possession in connection with your use of the Services, in order to
- comply with applicable laws, legal process or governmental request,
- enforce this Agreement,
- respond to any claims that your User Content violates the rights of third parties,
- respond to your requests for customer service, or
- protect the rights, property, or personal safety of Quick Cash, its users or the public, and all enforcement or other government officials, as Quick Cash in its sole discretion believes to be necessary or appropriate.
7. INTERACTIONS WITH OTHER USERS
8. FEES AND PAYMENT POLICY
- Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Quick Cash’s then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., weekly, monthly, annually, etc.) will be designated at the time at you sign up for the Subscription. By subscribing, you authorize Quick Cash to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Quick Cash does not receive payment,
- you shall pay all amounts due on your Account upon demand and/or
- you agree that Quick Cash may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).
- Cancelling Subscriptions. If you purchased your Subscription directly from Quick Cash, you may cancel your Subscription by logging into and going to the [“Change/Cancel Membership”] page of your “Account Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription, you must contact Quick Cash [support@
investorlift.com ], or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. - Effect of Cancellation. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current Subscription period.
- Upgrades and Downgrades. If you choose to upgrade your Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental fees associated with such upgrade will be charged in accordance with this Agreement. In any future Renewal Term, the fees will reflect any such upgrades. If you choose to downgrade a Subscription, the downgrade will take effect as of the first day of the next Renewal Term. Downgrading a Subscription may cause loss of content, features, or capacity of the Services as available, and Quick Cash does not accept any liability for such loss.
9. RELEASE
10. INDEMNIFICATION
11. DISCLAIMER OF WARRANTIES AND CONDITIONS
- QUICK CASH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
- ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. QUICK CASH MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS THEREOF.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUICK CASH OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- YOU ACKNOWLEDGE AND AGREE THAT (I) THE LICENSED DATA IS COLLECTED FROM THIRD PARTY SOURCES AND QUICK CASH DOES NOT VERIFY THE ACCURACY OF SUCH DATA; (II) THE LICENSED DATA IS NOT GUARANTEED TO BE ACCURATE OR TO SATISFY ANY LEGAL OR THIRD-PARTY STANDARDS; (III) QUICK CASH DOES NOT REPRESENT THAT ANY THIRD-PARTY SOURCE HAS THE RIGHTS TO MAKE ANY LICENSED DATA AVAILABLE, NOR THAT YOU CAN USE THE LICENSED DATA FOR ANY PURPOSE; AND (IV) YOU BEAR ALL RESPONSIBILITY, AND QUICK CASH WILL HAVE NO LIABILITY, FOR YOUR USE OF ANY LICENSED DATA PROVIDED BY THE SERVICE OR BY QUICK CASH, INCLUDING ANY DECISIONS MADE BY YOU BASED ON ANY SUCH LICENSED DATA. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE, AND YOUR USE OF ANY LICENSED DATA PROVIDED THEREBY OR RECEIVED THEREFROM, COMPLIES WITH APPLICABLE LAW.
- FROM TIME TO TIME, QUICK CASH MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT QUICK CASH’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
- Quick Cash makes no warranty that the Properties will be as advertised. Quick Cash makes no warranty regarding any aspect of any such Properties, or the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Services.
- We are not involved in the actual transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of Properties advertised, the truth or accuracy of Users’ Content or Listings, the ability of Sellers or Listing Agents to list or sell Properties, the ability of Buyers to pay for Properties, or that Buyer or Seller will actually complete a transaction.
12. LIMITATION OF LIABILITY
- THE USE OR INABILITY TO USE THE SERVICES;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
- ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A QUICK CASH PARTY FOR
- DEATH OR PERSONAL INJURY CAUSED BY A QUICK CASH PARTY’S NEGLIGENCE; OR
- ANY INJURY CAUSED BY A QUICK CASH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- THE TOTAL AMOUNT PAID TO QUICK CASH BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY;
- $100; OR
- THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A QUICK CASH PARTY FOR
- DEATH OR PERSONAL INJURY CAUSED BY A QUICK CASH PARTY’S NEGLIGENCE; OR FOR
- ANY INJURY CAUSED BY A QUICK CASH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is Quick Cash’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Quick Cash by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of the location on the Services of the material that you claim is infringing;
- your address, telephone number and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Quick Cash’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, 2325 East Camelback Rd. Suite 400 PMB 1004 Phoenix, AZ 85016 United States.
14. TERM AND TERMINATION
- Termination by Quick Cash. If you have breached any provision of this Agreement, or if Quick Cash is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Quick Cash has the right to, immediately and without notice, suspend or terminate any Service provided to you. Quick Cash reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you. You agree that all terminations for cause are made in Quick Cash’s sole discretion and that Quick Cash shall not be liable to you or any third party for any termination of your Account.
- Termination by You. If you want to terminate this Agreement, you may do so by (i) notifying Quick Cash at any time and (ii) closing your Account. Your notice should be sent, in writing, to Quick Cash’s address set forth below. ANY SUCH TERMINATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT TERM OF ANY AND ALL THEN-CURRENT SUBSCRIPTIONS, WHICH WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH ABOVE.
15. SERVICES ARE FOR US-BASED USERS ONLY
16. DISPUTE RESOLUTION
- you and Quick Cash may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and
- you and Quick Cash may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
- your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one);
- the name, telephone number, mailing address and e‐mail address of your counsel, if any; and
- a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple Users in similar cases, unless all parties agree;
- the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account;
- a statement of the legal claims being asserted and the factual bases of those claims;
- a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars;
- a statement certifying completion of the Informal Dispute Resolution Conference process as described above; and
- evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address.
- the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution;
- the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and
- the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Quick Cash otherwise agree, or the Batch Arbitration process discussed in Section 16.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
- all Disputes arising out of or relating to Section 16.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 16.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 16.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator;
- except as expressly contemplated in Section 16.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator;
- all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and
- all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.
- administer the arbitration demands in batches of one hundred (100) Requests per batch (plus, to the extent there are fewer than one hundred (100) Requests left over after the batching described above, a final batch consisting of the remaining Requests);
- appoint one arbitrator for each batch; and
- provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
17. THIRD-PARTY SERVICES
18. GENERAL PROVISIONS
- into any United States embargoed countries, or
- to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.