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TERMS OF USE

Welcome and thank you for visiting this site, which is operated by Premiir (collectively, "Premiir", "Us", "our" or "We"). These Terms of Use (these "Terms") are provided by Premiir and are applicable to all Premiir digital operations at or through our websites, our mobile/tablet sites, our social media presence, our applications, and our other owns and operate websites (individually a “Site” and collectively, the “Sites”). The Site is the property of Premiir, and We provide these Terms subject to the following conditions. Visitors to our Sites are sometimes referred to in these Terms as “you” or “your” and you and we together are sometimes referred to as the “parties”.

The following are terms of a legal agreement (“Agreement”) between you and Premiir Loans which is towned by Elethal, Inc., (the “Company”), the owner of www.Premiirloans.com (the “Site (s)”). By accessing, browsing and/or using this Site you acknowledge that you have read, understand and agree to be bound by these terms and to comply with all applicable laws and regulations.  If you do not agree to these terms, do not use this Site.  This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.  Information on this Site may contain technical inaccuracies or typographical errors.  Please read this Agreement carefully and be aware that Company may, in its sole discretion and without notice, revise these terms at any time by updating this posting.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A SITE.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and PREMIIR (or any member of the owned and operated Businesses) have against each other relating to the Sites are resolved (see Section 15 on “Arbitration” below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 15, “Arbitration,” below.

1.    Hyperlinking.         From time to time, a Site may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by Premiir. All such third part links and/or functionality are provided solely as a convenience and do not constitute an endorsement by Premiir. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. In fact, Company disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

 

2.    Copyrights and Use of Site Content.            The copyright in all materials provided on this Site is held by Company or by the original creator of the material.  Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Company or the copyright owner.  You may not “mirror” any material contained on this Site without Company’s express written permission.  Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.  All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Company or its licensors and is protected by U.S. and international copyright laws.  All rights not expressly granted are reserved.

 

If you believe any User Content or any other aspect of a Site infringes your copyright, you should send notice of the alleged copyright infringement to our designated copyright agent at this email address at premiirloans@gmail.com  


Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:

  1. A description of the copyrighted work that you claim has been infringed;

  2. A description of where the allegedly infringing material is located on the Site(s);

  3. Your name, address, telephone number and email address;

  4. A 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;

  5. A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and

  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

3.    Trademarks.           The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Company.  Other trademarks, service marks and trade names may be owned by others.  Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Company intellectual property displayed on this Site.  Company aggressively enforces its intellectual property rights to the fullest extent of the law.  The Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Company.  Company also prohibits use of its Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Company in writing.

4.    Privacy.      Our Privacy Policy applies to your access and use of the Sites, including any personal information provided via the Sites or via any other aspect of the Sites. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail.

5.    Use of the Sites and License.            The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including by registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms. We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.

6.   Restrictions on Use of the Site.        You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:

  1. Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;

  2. Create or maintain any link from another website to any page on a Site without Premiir prior written permission.

  3. Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without Premiir’s prior written permission.

  4. Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;

  5. Use any deep-link, page-scrape, robot, spider, website search application or other automatic device, program or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;

  6. Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;

  7. Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;

  8. Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;

  9. Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;

  10. Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;

  11. Scan or test the vulnerability of a Site or any network connected to a Site;

  12. Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or

  13. Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.

 

7.   Account.     Certain services offered on or through the Site require you to first open a Premiir account (“My Account”). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Company or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information or billing information by clicking on the My Account button and selecting the appropriate link.

We reserve the right, including if we become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not offer products or services to children and do not permit children to have accounts. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.

Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other Premiir systems from further damage or exposure. This may include proactively changing your password.

By establishing an Account with us, you grant permission for Company to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to Company at premiirloans@gmail.com or follow the opt-out procedures set forth in such marketing emails. Should this need arise, we will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.

8.   Content, Rates and Accuracy.          All features, content, availability, specifications, rates, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain rates and terms and similar descriptions are accurate when initially posted may change at any time and may not necessarily be up to date on the Premiir website, We attempt to ensure that information on the Sites is complete, accurate and up-to-date. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, a fix and flip loan percentage rate may have changed and may not have been updated on the Site and Lender may be offering a different rate that is on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, We reserve the right to change or cancel any loan applications for such products or services.

9.   User Content Posted by You.           As a user of a Site, you may provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications and/or other materials and in addition, if you participate on one of our team sports or event Sites you (or the Organization) may provide and/or post information (including but not limited to eligibility, roster, scheduling, performance and/or scoring information) (collectively, "User Content") and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.

User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. Premiir assumes no responsibility for any User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms and reserve the right to terminate your access.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of users and/or devices using or accessing the Sites. We are not responsible for claims resulting from our cooperation with law enforcement or court orders however the foregoing does not waive our liability, if any, for (i) claims for personal injury or death caused by our negligent acts or (ii) damages arising from our intentional, willful or reckless misconduct.

You are solely responsible for any User Content you post, publish or display on a Site or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to a Site any User Content that is false, inaccurate, misleading or fraudulent.

You are prohibited from posting or transmitting any content that:

  1. Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane;

  2. Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;

  3. Violates the rights of a third party;

  4. Is offensive to users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or

  5. Harasses or advocates harassment of another person or entity; or

  6. Reports your use of or directs other users to maintain or use products any manner which is contrary to that stipulated or provided by Our Lenders, Banks, other service providers or Premiir.

By uploading User Content to a Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:

  1. Premiir and our Lenders and Bankers and service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, copy, revise, publicly perform, digitally perform, publicly display and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and

  2. All users of the Sites an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user's personal, non-commercial use, subject to the restrictions set forth in these Terms.

 

You understand and acknowledge that We may: (a) be working on the same or similar idea to any ideas, expression of ideas or other materials you submit within your User Content (each, an "Idea"); (b) already know of such Idea from other sources; and/or (c) wish to develop such Idea or a similar idea on our own.

10.  User Content Posted by Others.       Lenders, Banks and other Lending Service providers who promote or advertise on our site as well as other third parties may post information on our Sites. You acknowledge and agree that Premiir has limited control over the User Content posted to the Sites, or any links to other sites, including the content of any messages or posts and manner of posting, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. We are not obligated to review or remove User Content and you understand that, by using a Site, you may be exposed to User Content that is offensive, indecent or objectionable.

11.  Disclaimer of Warranties.   We do not and cannot warrant that any Site (including any element of a Site) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.      

                

EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY STATED, THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “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.”

Premiir does not represent or warrant that the loan rates or other loan detailed information on the Sites is accurate or complete since this information is provided by Lenders, Banks, and/or other Servicer provider. We recommend that you do not rely solely on the information presented on our Sites and that you consult each service provider directly if you have a specific question.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

12. Limitations of Liability.      We do not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of a Site, linking to a third party site, or your downloading of any materials or information from a Site and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.

EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY STATED, UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASED PERSONS”) BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY STATED, IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY AND ALL RELEASED PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. 

 IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND PREMIIR. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MERCHANT, SERVICE PROVIDER AND/OR MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE MERCHANT OR SERVICE PROVIDER’S SITE.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.

13. Indemnification.     You hereby indemnify, defend, and hold harmless Premiir and all Released Persons from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by Company and all Released Persons in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement.  You shall cooperate as fully as reasonably required in the defense of any such claim.  Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

14.  Disputes, Choice of Law, Jurisdiction, Enforcement.

  1. Initial Dispute Resolution.  We are available by email at premiirloans@gmail.com to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with a Site, including compliance with these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided in Section 15 (herein).

  2. Choice of Law and Courts for Non-Arbitrated Disputes.  Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and Premiir to the extent necessary to resolve any inconsistency or ambiguity between them. The Sites are administered by Premiir from its offices in New Jersey. Notwithstanding the arbitration provisions in Section 15, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state of the State of New Jersey, and you consent to exclusive personal jurisdiction and venue in such courts.

  3. Enforcement.    This Agreement is governed and interpreted pursuant to the laws of the State of New Jersey, United States of America, notwithstanding any principles of conflicts of law.  You expressly agree that exclusive jurisdiction resides in the courts of the State of New Jersey.  You further agree and expressly consent to the exercise of personal jurisdiction in the State of New Jersey in connection with any dispute or claim involving Company.  If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15.  Arbitration.

A) if the parties don’t reach an agreed upon solution pursuant to the dispute-resolution contemplated in Section O(1) of these Terms, you and Premiir each agree that any dispute, claim or controversy arising out of or relating to our products or services or the Sites (including, without limitation, Premiir digital operations at or through our websites, our mobile/tablet sites, our social media presence, our applications, or any of our Businesses), or these Terms or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. We strive to offer a fundamentally-fair arbitration hearing process. For small claims (i.e., up to $10,000), in addition to your right to bring small claims court actions as noted below, We believe this can often be satisfied when hearings are conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However, the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing. Notwithstanding Premiir right to modify these Terms, Premiir agrees that Premiir may not modify these arbitration provisions without notice to you and your agreement to such changes. Further, any such modification to the dispute and/or arbitration requirements in Section “14” or to this Section “15” shall not apply to claims arising prior to the date of such modification and any such changes shall not affect your prior election to opt out of arbitration as provided below. In connection with these arbitration provisions, the parties agree as follows:

 

  1. This arbitration agreement is reciprocally binding on all parties such that both you and We are required to arbitrate claims;

  2. Remedies that would otherwise be available to the parties under applicable federal, state or local laws, including the recovery of attorney’s fees, remain available under this arbitration clause;

  3. The arbitrator must be neutral, and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;

  4. You have a right to an in-person hearing in your hometown area within the United States;

  5. You have the right to the use of counsel of your choosing at your own expense if you so elect, and to recover attorneys’ fees and expenses of arbitration to the extent provided by law;

  6. The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with JAMS procedures; and

  7. The arbitrator's award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

 

B) Arbitration Filing Fees. If you initiate the arbitration, you will be responsible for your own filing fee for the arbitration or the cost of filing a lawsuit. All other costs of the arbitration will be split 50/50 by the Parties including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney’s fees. We will not require you to reimburse our fees and costs if you do not prevail. If we are the claiming party initiating an arbitration against you, We will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

C) Waiver of Certain Rights from Court. The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.

D) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.

E) Exception - Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions. 

30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “15” by sending written notice of your decision to opt-out to the following address via certified mail: Premiir Loans 708 Ginesi Drive, Suite 202 Morganville, NJ 07728, Attention: Legal Department. The notice must be sent within thirty (30) days of your first use of a Site after the effective date of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Premiir also will not be bound by them.

 

YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST PREMIIR ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT PREMIIR’S AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.

16.  Admissibility.          A printed version of these Terms shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17.  Waiver and Severability.     No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Service and Support.           All requests for service and support for loan products or services sold through our website should be made directly to the individual Private Lenders and/or Banks in accordance with their own company terms and conditions.

19.  Termination.           This agreement will become effective upon your acceptance of the Agreement by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Premiir may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Premiir reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Premiir by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below. You or Premiir may suspend or terminate your account or your use/access of a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. Premiir reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.

20.  Effective Date/Revisions to these Terms.      These Terms are effective as of the date set forth above. Premiir may revise these Terms at any time and from time to time. We will notify you of changes to these Terms by posting the amended terms on the Sites at least thirty (30) days before the effective date of the changes. If you have requested for updates and have provided us with your email address, we will also notify you of any material changes to these Terms that adversely affect your rights by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to any revisions to these Terms, you should stop using the Sites, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at premiirloans@gmail.com and you will not be bound by the new terms. Otherwise, the new terms will take effect thirty (30) days after our posting of the change. Our employees do not have the right to modify these Terms orally or otherwise. If any employee of ours offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for us or speaking on our behalf.

21.  Additional Terms.   Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of a Site (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features and the terms of our mobile application, and event sites. Your use of such pages or download or use of our mobile application, registration for loyalty program, use of our event Sites or creation of event Sites we host on behalf of a Merchant, Service provider, local community or Chamber of Commerce or other organization (each, an “Organization”) confirms your unconditional acceptance of the Additional Terms. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site; however, the arbitration provisions in Section 15 of these Terms shall apply to the Additional Terms. Use of our mobile applications and our event Sites are also subject to the terms of the separate license agreements for such Sites as found on such Sites and may be subject to separate terms or entered into by the applicable Organization, which are in addition to these Terms.

22. Entire Agreement. The Terms of Use policies and conditions Agreements constitutes the entire agreement between you and Company with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter.  Any waiver of any provision of this Agreement will be effective only if in writing and signed by Company.

 

If you have any questions about this policy or any other of our terms and conditions on our sites, please contact us at premiirloans@gmail.com

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