Hello and welcome to the Armor Funding Terms of Use agreement. Armor Funding reserves the right at any time to modify these terms by publishing revised terms on the website along with a revision date.
Revised & effective as of March 28th, 2023
For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.armorfunding.com. “Service” refers to the Company’s services accessed via the Site, in which users can create an online account, communicate, products and software, and receive working capital funding offers. The terms “We,” “Us,” and “Our” refer to the Company. “You” refers to you; as a viewer, visitor, subscriber, member, affiliate, customer, registrant or user of our Site or our Service.
The following Terms of Use apply when you view, access, participation in, engage or use the Service www.armorfunding.com including any sub-sites of this website (collectively the “site”) or by accessing our product and/or Service including through clicking on an application (the “App”) on your mobile device.
Please review the following Terms carefully. By accessing or using the Service, and/or using any of the services accessible through the site you signify your agreement to comply and be bound by these Terms of Use and the Privacy Policy. We reserve the right to deny access to any visitor or User for any reason.
If you do not agree to be bound by these Terms of Use IN THEIR ENTIRETY, you may NOT access OR use the site or the Service. If you become dissatisfied with any future revisions to Our Terms of Use or Privacy Policy, and/or our services, you should immediately discontinue use of the Site and Service.
ABOUT THE SERVICE
Armor Funding aids small & mid-sized businesses searching for customizable, working capital solutions to bolster their day-to-day operations and expansion needs; by acting as an intermediary with banks, credit unions, private equity investors, and other funding entities to obtain working capital financing offers. As part of Our Services, we collect, use and share pieces of personal information amongst us and our partners. This is to also help Us facilitate and expedite the Service. We make no guarantees for the Service as to being able to successfully aid/match or the suitability of the working capital offers for any user.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy found here: https://armorfunding.com/privacy-policy which explains how we collect, use, as well as disclose information and materials that pertain to your privacy. This Privacy Policy may be revised from time to time, along with Our Terms of Use. Notification of any revisions will be effective upon posting to the website and are hereby incorporated into this agreement. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years of age to register for and use the Service. If you are under 18 years of age, you are NOT authorized to visit or interact with Armor Funding or its services in any manner. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company.
By signing up and becoming a User (Registration), or remaining a visitor/viewer, you agree to comply with ALL applicable federal, state, and local laws, regulations, guidelines, rules and ordinances regarding your use of the Site and/or Service. We value and respect our Users' privacy and therefore place account security at the forefront. In order to help maintain high levels of account security We restrict access to your personal information by only allowing the necessary employees and partners to process your information in order to facilitate the Service. We also periodically review our information security protocols and services pertaining to Our Site along with encryption (Secure Sockets Layer (SSL) technology) to help protect the Site and your account from unauthorized entry. You consent to Us modifying your account, by adding or changing information, including addition of services upon the direction of yourself, or any person we conclude sufficient to identify you and the likes of. If we notice that any information you provided in connection with your registration is false, inaccurate, or suspicious, we may temporarily suspend or permanently terminate your account at any time. If any of your contact information changes, including ownership of your telephone numbers (including mobile phone numbers) you agree to immediately notify us before the change goes into effect by emailing Us at info@armorfunding.com. The Company will NOT be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account, device, software or other equipment of yours. You are responsible for obtaining and maintaining the protection of your information by, but not limited to: securing your IP address, signing out of your account after each session when not in use (especially when using a community shared device), and changing your password if you suspect suspicious activity. Your obligations under this section will survive termination of these terms of service.
You agree to notify us immediately of any unauthorized use of your password, account, device which stores and is used for communication with us by calling us at 516-307-9091.
USE RESTRICTIONS
Your permission to use the Site and Service is conditioned upon the following use, posting and conduct restrictions.
You agree that you will not under any circumstances:
· access or use the service if you are NOT over the age of 18
· uses of the services are void where prohibited
· access the Service for any reason other than your intended business funding & service purpose, non-commercial use solely as permitted by the normal functionality of the Service,
· collect or harvest any personal or business data of any user of the Site or the Service
· use the Site or the Service or materials to resell, or for the solicitation of business in the course of trade or in connection with a commercial enterprise;
· distribute, modify, download, republish, any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
· use the Site, Service or any materials for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· intentionally allow another user to access your account (You are solely responsible for any liability or damages resulting from your failure to maintain your username or password confidentiality);
· provide false, outdated, or inaccurate personal/contact information when registering an account or using any service, including, but not limited to, name, business name, mailing address, email address, residential address, telephone number(s), including your mobile telephone number(s), (you will maintain the accuracy of such information);
· provide any telephone number, email or contact means that you aren’t the current subscriber or owner of (You are strictly prohibited from providing a phone number that is not your own);
· you are authorized on behalf of the company whose name you have entered to the Site to apply for services, including business funding offers
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the Site, the Service, partners or any of the related systems, or take any action that we deem to impose or, to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spam, spider, or crawl the Service or harvest or manipulate data;
· circumvent, modify, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
· publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
· transmit any software or other materials containing viruses or other destructive or harmful items.
Violation of Our terms may result, without notice, in the termination of your ability to access the Site or Service and may also constitute the infringement of our copyright trademark and/or other rights.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide personal information about yourself and your business (“User Content”) to the Service.
You agree that you are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion. We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using/viewing the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, libelous, false or inaccurate;
· You will not post any information that is unlawful, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Your use of the Service or Site is subject to any additional disclaimers and conditions which may appear throughout the website and services featured by us.
We, owners, principals, representatives and agents do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance or inaction on the information or other content posted on the Service, or transmitted to users. Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. (Information sent between you and other participants which is not readily accessible to the general public will be treated by us as private to the extent required by applicable law). The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us info@armorfunding.com.
LINKS TO OTHER SITES AND/OR MATERIALS:
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site. We are not responsible for any loss or damage of any sort you may incur from dealing with third party website(s).
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at 2380 Hempstead Turnpike Suite 202A East Meadow, NY 11554 Attention to DMCA notice.
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the state of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Service or public area of the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
Copyright 2023 Armor Funding. All rights reserved.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice
to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where
legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via
the various methods you have submitted; and (b) agree that all Terms of Use, agreements, notices,
disclosures, and other communications that we provide to you electronically satisfy any legal requirement
that such communications would satisfy if it were in writing. The foregoing does not affect your
non-waivable rights. You acknowledge that by voluntarily providing your information, you expressly consent to Armor Funding, directly or by third-parties acting on its behalf to send marketing/promotional and informative messages; including emails, SMS/MMS text & calls made using an automatic telephone dialing system or pre-recorded or artificial voice messages: related to the product or service I am inquiring about to the email address(es) & number(s), including your cell phone number you provide including any contact information that you may provide in the future and agree that this consent applies even if the number/email/information you have provided is currently on any federal, state or corporate Do-Not-Call Registry. Accepting this consent is not required to obtain any good or service. We do NOT charge you to receive our marketing/promotional messages/calls, but your mobile telephone provider may charge you according to the subscription you have with them.
You understand that telephone calls from or to Us, along with our partners, providers and affiliates, may be monitored and recorded, and you consent to this monitoring and recording. You agree to indemnify Armor Funding for any privacy tort or claims including those under the federal TPCA or its state law equivalent including claims relating to your voluntary submission of a telephone number(s) that is not owned by you and or your failure to notify us of any changes in your contact information including telephone number(s). You agree to indemnify, defend, and hold harmless from any and all such claims, losses, liabilities, cost and expenses including reasonable attorney fees. We shall have the exclusive right to choose counsel at your expense to defend any such claims. We may also use your contact information to send you other messages, including information about the Site or the Service and special offers. If you do not consent to receiving marketing/promotional messages, you may find Our opt-out instructions here: armorfunding.com/Opt-out-policy. Opting out may prevent you from receiving messages regarding the Site, the Service or special offers. If you opt-out after or during the funding offer process or other service, all previously agreed to terms and conditions will still remain in effect, and we will send any disclosures to your business address on record which was provided to us and verified. You may still request a copy of your electronic application, at no charge, by writing to us at Armor Funding 2380 Hempstead Turnpike Suite 202A East Meadow, NY 11554.
ELECTRONIC SIGNATURES AND DIGITIZIALED AGREEMENTS:
You acknowledge and agree that the electronic digitized signatures you apply on documents are representations of your signature and are legally valid and binding, as if you had signed the document with ink on paper in accordance with the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN) of 2000. We provide users options to complete a service throughout the Site electronically by clicking on the buttons with labels such as “I agree”, “Submit”, “Send”, “Download”, “Consent”, “I accept”, along with other similar and/or synonymous labels. When you click these buttons you acknowledge that your submission and/or signature confirms your agreement and acceptance of the terms and conditions and any applicable statutes, rules, and regulations.
WARRANTY DISCLAIMER
The website, any links, and all services are provided “as is,” without warranty of any kind, without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free (such as, but not limited to: failure of transmission or power, fire, acts of god, national or state emergencies, labor circumstances, or natural disasters). You assume full responsibility and risk of loss resulting from your use of the services (including through third-parties) and downloading and/or use of files, advice or information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF DAMAGES; RELEASE
You agree to indemnify, defend and hold us harmless. In no event shall the site, the service, its affiliates, officers, members, directors, employees or agents, or its service providers, licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect or direct, special, consequential or exemplary damages, including attorney fees, however arising, that result from:
(A) the use, disclosure, or display of your user content;
(B) your use or inability to use the service;
(C) the service generally or the software or systems that make the service available; or
(D) any other interactions with use or with any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users, or a merchant of a product, service provider, using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check and review the Site from time to time to view any such changes in this Terms of Use agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. Please see the beginning of the Terms of Use page to determine the last revision date. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.
Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
GENERAL TERMS
We reserve the right to suspend, restrict or terminate your access to any services without notice for any reason or no reason at all. We also reserve the right to remove your information/data from our services and any other records at any time at our sole discretion. You understand and agree we are not liable to you or any third party for any suspension, restriction or termination of your access to any services and you agree not to attempt to use the services after any of these events.
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of this agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision, Our rights under this agreement survive any transfer or termination of this agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions. Any disputes based on these Terms shall be resolved in New York. If our website or service is unresponsive or if you encounter a technical problem printing or accessing the site/service, you may contact us for assistance, such as for a copy of an application or your previously completed application. If you request and/or agree to an affiliate, service provider or a representative of ours, to gain remote access and control of your computer/device in order to assist or resolve your problem, you acknowledge and accept that We are NOT liable for any technical problems that may persist or arise with your computer/device after doing so. We may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
We reserve the right to disclose information you have provided, if required to do so by law legal process (including through a third-party), information including, but not limited to, such as your name, email address, IP address, usage history and your interactions with the Service, or regarding your interactions with another user within the circumstances. If we, in our sole discretion, believe that disclosure is necessary to protect or defend Armor Fundings’ or a third party's rights, business operation, our intellectual or physical property, including the safety of our users, employees or partners. You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy at www.armorfunding.com/privacy-policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
DISPUTE RESOLUTION BY BINDING ARBITRATION (CLASS ACTION WAIVER)
If you have any concerns or believe we have made an oversight, please contact us at info@armorfunding.com as we would like to rectify this quickly and to your satisfaction. If we haven't resolved a dispute with you after trying to do so informally, you and Armor Funding agree to resolve said dispute(s) through an expedient and cost effective means, being a binding arbitration rather than in a court. Any relief awarded cannot affect other users. The American Arbitration Association (AAA) serves as the arbitration provider. Arbitration utilizes a neutral arbitrator rather than a judge or jury, this method is generally considered less formal when compared to a lawsuit in court. The process also minimizes discovery, with limited review by a court and arbitrators can award the same damages and relief that a court can award.
We agree that any arbitration under these terms is to take place on an individual basis; representative, group or collective class arbitrations and class actions are not permitted. You acknowledge and agree that an arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party's claim(s). You may choose to reject this arbitration agreement, by mailing us a written notice to opt-out, at 2380 Hempstead Turnpike Suite 202A East Meadow, NY 11554. This opt-out notice must be postmarked no later than 30 days from which you accepted these terms for the first time. The opt-out notice requires your full name, full mailing address, the user name(s) and email address(es) associated with the Armor Funding account(s) to which the opt-out applies. In order for the opt-out notice to become effective you must sign it. This method is the only way that you can opt-out of the agreement to arbitrate. Please be advised that all parts of the terms will still continue to apply to you, and have no effect on any previous, other, or future arbitration agreements that you may have with Armor Funding.
YOU AGREE AND UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ARMOR FUNDING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU AND ARMOR FUNDING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.
BINDING ARBITRATION & CLAIMS AGREEMENT:
a) Armor Funding and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted, it includes but not limited to;
1). claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising or any other legal theory;
2). claims that arose before these or any prior terms became effective;
3). claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
4). claims that may arise after the termination of these terms.
The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief, in only to the extent necessary to provide relief warranted by that party's individual claim. Also, you and Armor Funding otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. Neither you nor we may seek non-individualized relief that would affect other customers. If a Court decides that applicable law precludes enforcement of any of this paragraph limitations as to a particular claim for relief, then that claim and only that claim may be severed from the arbitration and be brought in court. all other claims remain subject to this arbitration agreement.
You acknowledge that use of this Website/Service and/or purchase or use of products constitutes a transaction in interstate commerce and constitutes your agreement to these Terms. The federal arbitration act (“FAA”) governs the interpretation and enforcement of this arbitration agreement. This arbitration agreement survives termination of these Terms.
NOTICE AND PROCESS:
A party who intends to seek arbitration under these Terms, must first send to Us, by certified mail, a written Notice of Dispute (“notice”). This notice should be addressed to: ℅ Armor Funding at 2380 Hempstead Turnpike East meadow (”notice address”). We may send you a written notice to the email address that you provided to Us, if any. The notice requires:
(1) describe the nature and basis of the claim or dispute; and
(2) set forth the specific relief sought (“demand”)
If we fail to reach an agreement to resolve the claim within 30 days after the notice has been received, either you or Us may begin an arbitration proceeding.
FEES:
In the event that you commence arbitration in accordance with these terms, We will, at your request, reimburse you for the payment of the arbitration filing fee, unless your claim exceeds $10,000, in which case the AAA rules will determine whether you have a right to a telephone or in-person hearing. The payment of any fees shall be decided by the current AAA rules. Claims of $10,000 or less, you may choose whether the arbitration is to be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephone hearing, or by an in-person hearing as congruent to AAA rules. Whether you choose to proceed by telephone or in-person, we may choose to respond in writing or by telephone. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based. Unless we agree otherwise, in-person arbitration hearing(s) will take place at a location to be agreed upon in Nassau, New York. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper reason you agree to reimburse Us for all fees associated with the arbitration paid by Us on your behalf. The parties agree that in any arbitration under these terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which company was a party.
ARBITRATOR:
All arbitration proceedings will be governed by the commercial dispute resolution procedures (AAA rules) and administered by the AAA. The arbitrator is bound by these Terms. The AAA rules and other resources are available at www.adr.org or by calling the AAA at 1-800-778-7879.
MODIFICATIONS:
If we make any future material change to this arbitration agreement (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute(s) of which we had written notice on the effective date of the change. If you reject any future changes, your account with Us shall be immediately terminated and you will arbitrate any dispute between us in accordance with this provision. If we seek to terminate this arbitration provision any such termination will not be effective until at least 30 days after written notice of such termination is provided to you.
ARBITRATOR DECISIONS & RULINGS:
If an arbitrator or court decides that any part of the DISPUTE RESOLUTION BY BINDING ARBITRATION (CLASS ACTION WAIVER) section is invalid or unenforceable, the other parts of this section shall still apply. If the entirety of this section is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue will be in the State of New York as mentioned previously in these Terms, and shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses and the alternative payment and the attorney's payment at any time during the proceeding and upon request from either party made within 14 days of the opportunities ruling on the merits.
CONTACT INFORMATION FOR ARMOR FUNDING
If you have any questions regarding Our Terms of Use, feel free to contact us at 516-307-9091
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