Terms and Conditions
The following terms of service and conditions of use ("Agreement") govern your use of the website FirstViewBank.com and any
related services. The terms and conditions constitute a legally binding agreement between Acquisition Media, LLC, operating
the website FirstViewBank.com, (hereinafter the "Company"), an Arizona limited liability company, and you, the User who wishes
to use FirstViewBank.com (hereinafter "the Site"). Eligibility for use of this site is limited to individuals who are able to
form legally binding contracts under applicable law. Use of this website requires acceptance of the terms and conditions listed
herein. Under this Agreement, the term "Site" refers to the website FirstViewBank.com and the term "Service" refers to the loan
matching service provided by Acquisition Media through FirstViewBank.com.
1) Introduction: FirstViewBank.com is a website which searches for the highest loan amount and the best interest rates for your payday loan. FirstViewBank searches banks, loan companies, and payday lenders. This Agreement contains the terms and conditions that apply to any individual or entity, and its participation in the Service, by FirstViewBank.com, through its Site or other services. By submitting the application with FirstViewBank you agree to be bound by this Agreement, the Privacy Policy, and all applicable laws. This Agreement supplements any previously executed agreement with FirstViewBank, and to the extent that any terms and conditions set forth herein conflict with those set forth in any prior agreements, this Agreement replaces the conflicting term(s) and any conflicting term(s) have no force or effect. As used in this Agreement, the terms "you", "your", "member", or "user", shall all refer to the person or entity that uses, becomes a member of, or accesses the Site and/or Service. As used in this Agreement, the terms "us", "we", "Site", "Service", "FirstViewBank", "FirstViewBank.com", and "Company" shall all refer to the Company which owns and operates this website, Acquisition Media, LLC.
2) Eligibility: To participate in the loan search service, you must first fill out the application. To complete the application, you must be at least eighteen (18) years of age, a legal resident of the United States, and payday loans must not be prohibited in your area. This offer is void where prohibited, including but not limited to, the states of Arkansas, Arizona, Georgia, Oregon and West Virginia. In addition, you must use our website registration form and submit the requested information. The Company does not guarantee that your loan application will be accepted and fulfilled by any of our lending partners.
3) Website Registration Forms: We collect information about you when you register on one of our websites. This registration information may include, but is not limited to your:
a) e-mail address
b) full name
c) mailing address
d) telephone number
e) date of birth
f) gender
g) social security number
h) bank account information
4) Use and Obligations: Subject to your acceptance of this Agreement, and by submitting the Application, you represent that you are eligible to participate in the Service and therefore will continue to comply with the Service for the duration of this Agreement. You explicitly agree, that, by nature of the operation of this Site, the Site may collect and distribute your information to its lending partners.
In addition to the above and in consideration of the Services, you agree that:
A. You are at least 18 years of age;
B. You are capable of entering into a binding legal Agreement;
C. You are a valid resident of the United States;
D. You are not a resident of a state which prohibits the Servicing of payday loans;
E. You have not misrepresented yourself to the Company;
and
F. You will not interfere with any service, program, or computer connected to . Failure to abide by any of the above constitutes a violation of this Agreement.
5) Disclaimer of Warranty: THE COMPANY IS NOT A LENDER AND DOES NOT MAKE LOAN OR CREDIT DECISIONS IN CONNECTION WITH ITS LOAN MATCHING SERVICE. YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES ARE AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY INTERACTIONS WITH LENDERS MAINTAINED AS A RESULT OF THE SERVICE. THE SITE AND SERVICE, ALONG WITH ANY MATERIALS, PROGRAMS, DATA, INFORMATION, AND CONTENT ARE PROVIDED ON AN "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED, (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, SERVICES, PROGRAMS, DATA, AND/OR THIRD PARTIES UNDERLYING SITES AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR UNDERLYING PRODUCTS OR SERVICES AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, RELIABLE, OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE ABOVE REPUDIATION OF DAMAGES IS A FUNDAMENTAL ELEMENT OF BARGAIN BETWEEN THE PARTIES, INCLUDING YOU AND THE COMPANY. YOU AGREE AND ACCEPT THAT THE SITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT THE TERMS AND LIMITATIONS ABOVE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, SERVICES, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, ITS AFFILIATES OR ITS PARTNERS, THROUGH THE SITE, SERVICES, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION, AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY AND/OR ITS AFFILIATES AND PARTNERS LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED WARRANTY.
6) Indemnification: You agree to fully defend and indemnify, (including reasonable attorneys fees and costs by third parties), any claims or causes of action arising out of, or related to your use or participation with FirstViewBank, including, but not limited to: (1) your violation of this Agreement; (2) your improper use of the site; (3) allegations concerning infringement of intellectual property; (4) breach of any of your warranties, and to represent and hold THE COMPANY, its subsidiaries, advertisers, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, threats, allegations, liabilities, costs, taxes, and expenses. Without limiting the foregoing, you agree to not settle any claim without the consent of the Company. In addition, you agree to be fully responsible for any and all compliance with local, state, and federal laws, taxes, whether state or local, and related fees, costs, and penalties incurred by the Company and/or any of its partners or affiliates.
7) Representations: By virtue of having read and accepted the term of service and conditions of use, you hereby warrant to the Company as follows:
Collection and Use Of Bank Account Information For Purposes of Collecting Loan Payments:
If we extend credit to a consumer, we will consider the bank account information provided by the consumer as eligible for us to process payments against. In addition, as part of our information collection process, we may detect additional bank accounts under the ownership of the consumer. We will consider these additional accounts to be part of the application process.
a. All information provided to the Company that is required to register, and all information provided thereafter, is true, correct, and complete;
b. You have the full right and capacity to enter into this Agreement, and are eligible to do so, as determined by the terms of this Agreement and in the discretion of the Company and its lending partners;
c. You will not attempt to alter, conceal, manipulate, or otherwise render inoperable or ineffective any portion of the Site or Service, including any data provided by or obtained from the Company and/or third parties;
d. You acknowledge and accept that the Company does not make any representations, warranties, or specific or implied promise to the success of your use or participation with the Site or Service;
e. You agree that if any errors or undesirable results occur in connection with your use or participation with the Site or Service, due to no fault of the Company, that the Company will not be responsible for any associated losses;
and
f. You agree that you will indemnify the Company for any losses resulting from your breach of this Agreement, including but not limited to reasonable attorneys fees and costs.
8) Non-Waivers: No express or implied waiver by either party of default of any obligation imposed by this Agreement shall in any way be, or be construed as, a waiver of any future or subsequent default.
9) Survival: The respective rights and obligations of the parties, including the Company, shall survive the termination of this Agreement.
10) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, County of Maricopa, regardless of conflicts of laws, for all matters arising from or related to this Agreement, the Site and the Service.
11) Forum of Dispute: Any dispute arising from or related to this Agreement, Site or Service must be brought in a court of competent jurisdiction located in Maricopa County, or if no court has jurisdiction to hear the matter in Maricopa County, the next closest court of competent jurisdiction.
12) Attorneys Fees: In the event you breach this Agreement and file claims in a county other than as listed in Paragraphs 12 and 13 of this Agreement, you shall be required to pay for Acquisition Media, LLCs reasonable attorneys fees in the event that Acquisition Media, LLC must take legal action to have your claims dismissed.
13) Arbitration: Prior to filing any claim in a court of law, you agree to pursue any dispute through mandatory arbitration to proceed through an arbiter of Companys choice.
14) Force Majeure: Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of any act, event or circumstance beyond the reasonable control of such party, including but not limited to acts of God, riots, insurrections, war, communications disruptions, and other similar issues. The party so affected with resume performance as soon as reasonably possible.
15) Assignment: The rights and obligations of the Company under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the Company, and may be assigned, for all or any part of the term hereof, by the Company. In the event of such assignment, any and all references to the "Company" in other paragraphs of this Agreement shall be deemed to mean and include the assignee. No such assignment of the Agreement, shall, however, relieve the Company of its obligations hereunder and any wrongful assignment shall be null and void. The User shall have no right to assign his right and obligations hereunder, without the prior express written consent of the Company.
16) Non-Disparagement: FirstViewBank, the Site, and the Service, value constructive criticism and comments of users. All comments should be submitted to FirstViewBank by email at admin@FirstViewBank.com. While FirstViewBank welcomes constructive input, negative comments and remarks made about FirstViewBank serve no purpose other than demeaning, disparaging, and negatively influencing the goodwill and reputation of FirstViewBank. Therefore, users must not disparage, demean, or make negatively influential comments about FirstViewBank, the Service, the products and services offered, or any director, officer or employee of FirstViewBank.
17) Entire Agreement: This instrument contains the entire agreement of the parties and supersedes all prior agreements and understandings between the parties, whether written or oral. This
Agreement may only be changed by an agreement in writing, signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought.
18) Severability: If any provision of this Agreement shall be adjudicated unenforceable or invalid for any reason, the enforcement of any other provision shall not be impaired, it being the intent of the parties that the Agreement be enforceable to the fullest extent permissible by law.
19) Digital Media Copyrights Act (DMCA): The Digital Media Copyrights Act (DMCA) provides for copyright owners who believe that their rights have been infringed upon. If you believe that your work has been copied in any way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
d. Your address, telephone number, and email address;
e. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f. Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
FirstViewBank Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
FirstViewBank
Scottsdale, AZ
admin@FirstViewBank.com
1) Introduction: FirstViewBank.com is a website which searches for the highest loan amount and the best interest rates for your payday loan. FirstViewBank searches banks, loan companies, and payday lenders. This Agreement contains the terms and conditions that apply to any individual or entity, and its participation in the Service, by FirstViewBank.com, through its Site or other services. By submitting the application with FirstViewBank you agree to be bound by this Agreement, the Privacy Policy, and all applicable laws. This Agreement supplements any previously executed agreement with FirstViewBank, and to the extent that any terms and conditions set forth herein conflict with those set forth in any prior agreements, this Agreement replaces the conflicting term(s) and any conflicting term(s) have no force or effect. As used in this Agreement, the terms "you", "your", "member", or "user", shall all refer to the person or entity that uses, becomes a member of, or accesses the Site and/or Service. As used in this Agreement, the terms "us", "we", "Site", "Service", "FirstViewBank", "FirstViewBank.com", and "Company" shall all refer to the Company which owns and operates this website, Acquisition Media, LLC.
2) Eligibility: To participate in the loan search service, you must first fill out the application. To complete the application, you must be at least eighteen (18) years of age, a legal resident of the United States, and payday loans must not be prohibited in your area. This offer is void where prohibited, including but not limited to, the states of Arkansas, Arizona, Georgia, Oregon and West Virginia. In addition, you must use our website registration form and submit the requested information. The Company does not guarantee that your loan application will be accepted and fulfilled by any of our lending partners.
3) Website Registration Forms: We collect information about you when you register on one of our websites. This registration information may include, but is not limited to your:
a) e-mail address
b) full name
c) mailing address
d) telephone number
e) date of birth
f) gender
g) social security number
h) bank account information
4) Use and Obligations: Subject to your acceptance of this Agreement, and by submitting the Application, you represent that you are eligible to participate in the Service and therefore will continue to comply with the Service for the duration of this Agreement. You explicitly agree, that, by nature of the operation of this Site, the Site may collect and distribute your information to its lending partners.
In addition to the above and in consideration of the Services, you agree that:
A. You are at least 18 years of age;
B. You are capable of entering into a binding legal Agreement;
C. You are a valid resident of the United States;
D. You are not a resident of a state which prohibits the Servicing of payday loans;
E. You have not misrepresented yourself to the Company;
and
F. You will not interfere with any service, program, or computer connected to . Failure to abide by any of the above constitutes a violation of this Agreement.
5) Disclaimer of Warranty: THE COMPANY IS NOT A LENDER AND DOES NOT MAKE LOAN OR CREDIT DECISIONS IN CONNECTION WITH ITS LOAN MATCHING SERVICE. YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES ARE AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY INTERACTIONS WITH LENDERS MAINTAINED AS A RESULT OF THE SERVICE. THE SITE AND SERVICE, ALONG WITH ANY MATERIALS, PROGRAMS, DATA, INFORMATION, AND CONTENT ARE PROVIDED ON AN "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED, (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, SERVICES, PROGRAMS, DATA, AND/OR THIRD PARTIES UNDERLYING SITES AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR UNDERLYING PRODUCTS OR SERVICES AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, RELIABLE, OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE ABOVE REPUDIATION OF DAMAGES IS A FUNDAMENTAL ELEMENT OF BARGAIN BETWEEN THE PARTIES, INCLUDING YOU AND THE COMPANY. YOU AGREE AND ACCEPT THAT THE SITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT THE TERMS AND LIMITATIONS ABOVE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, SERVICES, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, ITS AFFILIATES OR ITS PARTNERS, THROUGH THE SITE, SERVICES, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION, AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY AND/OR ITS AFFILIATES AND PARTNERS LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED WARRANTY.
6) Indemnification: You agree to fully defend and indemnify, (including reasonable attorneys fees and costs by third parties), any claims or causes of action arising out of, or related to your use or participation with FirstViewBank, including, but not limited to: (1) your violation of this Agreement; (2) your improper use of the site; (3) allegations concerning infringement of intellectual property; (4) breach of any of your warranties, and to represent and hold THE COMPANY, its subsidiaries, advertisers, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, threats, allegations, liabilities, costs, taxes, and expenses. Without limiting the foregoing, you agree to not settle any claim without the consent of the Company. In addition, you agree to be fully responsible for any and all compliance with local, state, and federal laws, taxes, whether state or local, and related fees, costs, and penalties incurred by the Company and/or any of its partners or affiliates.
7) Representations: By virtue of having read and accepted the term of service and conditions of use, you hereby warrant to the Company as follows:
Collection and Use Of Bank Account Information For Purposes of Collecting Loan Payments:
If we extend credit to a consumer, we will consider the bank account information provided by the consumer as eligible for us to process payments against. In addition, as part of our information collection process, we may detect additional bank accounts under the ownership of the consumer. We will consider these additional accounts to be part of the application process.
a. All information provided to the Company that is required to register, and all information provided thereafter, is true, correct, and complete;
b. You have the full right and capacity to enter into this Agreement, and are eligible to do so, as determined by the terms of this Agreement and in the discretion of the Company and its lending partners;
c. You will not attempt to alter, conceal, manipulate, or otherwise render inoperable or ineffective any portion of the Site or Service, including any data provided by or obtained from the Company and/or third parties;
d. You acknowledge and accept that the Company does not make any representations, warranties, or specific or implied promise to the success of your use or participation with the Site or Service;
e. You agree that if any errors or undesirable results occur in connection with your use or participation with the Site or Service, due to no fault of the Company, that the Company will not be responsible for any associated losses;
and
f. You agree that you will indemnify the Company for any losses resulting from your breach of this Agreement, including but not limited to reasonable attorneys fees and costs.
8) Non-Waivers: No express or implied waiver by either party of default of any obligation imposed by this Agreement shall in any way be, or be construed as, a waiver of any future or subsequent default.
9) Survival: The respective rights and obligations of the parties, including the Company, shall survive the termination of this Agreement.
10) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, County of Maricopa, regardless of conflicts of laws, for all matters arising from or related to this Agreement, the Site and the Service.
11) Forum of Dispute: Any dispute arising from or related to this Agreement, Site or Service must be brought in a court of competent jurisdiction located in Maricopa County, or if no court has jurisdiction to hear the matter in Maricopa County, the next closest court of competent jurisdiction.
12) Attorneys Fees: In the event you breach this Agreement and file claims in a county other than as listed in Paragraphs 12 and 13 of this Agreement, you shall be required to pay for Acquisition Media, LLCs reasonable attorneys fees in the event that Acquisition Media, LLC must take legal action to have your claims dismissed.
13) Arbitration: Prior to filing any claim in a court of law, you agree to pursue any dispute through mandatory arbitration to proceed through an arbiter of Companys choice.
14) Force Majeure: Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of any act, event or circumstance beyond the reasonable control of such party, including but not limited to acts of God, riots, insurrections, war, communications disruptions, and other similar issues. The party so affected with resume performance as soon as reasonably possible.
15) Assignment: The rights and obligations of the Company under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the Company, and may be assigned, for all or any part of the term hereof, by the Company. In the event of such assignment, any and all references to the "Company" in other paragraphs of this Agreement shall be deemed to mean and include the assignee. No such assignment of the Agreement, shall, however, relieve the Company of its obligations hereunder and any wrongful assignment shall be null and void. The User shall have no right to assign his right and obligations hereunder, without the prior express written consent of the Company.
16) Non-Disparagement: FirstViewBank, the Site, and the Service, value constructive criticism and comments of users. All comments should be submitted to FirstViewBank by email at admin@FirstViewBank.com. While FirstViewBank welcomes constructive input, negative comments and remarks made about FirstViewBank serve no purpose other than demeaning, disparaging, and negatively influencing the goodwill and reputation of FirstViewBank. Therefore, users must not disparage, demean, or make negatively influential comments about FirstViewBank, the Service, the products and services offered, or any director, officer or employee of FirstViewBank.
17) Entire Agreement: This instrument contains the entire agreement of the parties and supersedes all prior agreements and understandings between the parties, whether written or oral. This
Agreement may only be changed by an agreement in writing, signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought.
18) Severability: If any provision of this Agreement shall be adjudicated unenforceable or invalid for any reason, the enforcement of any other provision shall not be impaired, it being the intent of the parties that the Agreement be enforceable to the fullest extent permissible by law.
19) Digital Media Copyrights Act (DMCA): The Digital Media Copyrights Act (DMCA) provides for copyright owners who believe that their rights have been infringed upon. If you believe that your work has been copied in any way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
d. Your address, telephone number, and email address;
e. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f. Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
FirstViewBank Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
FirstViewBank
Scottsdale, AZ
admin@FirstViewBank.com
