Terms Of Use
The Effective Date of these Terms of Use is March 25, 2018
IMPORTANT! PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION BELOW THAT REQUIRES MOST DISPUTES TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
These Terms apply to the PLS web sites, applications, interactive features, downloads, widgets, and other online services offered by PLS that post or include a link to these Terms (collectively, "PLS Platforms"), whether accessed via computer, mobile device or otherwise. The PLS Platforms are owned or controlled by PLS Financial Services, Inc. ("PLS," "we" or "us"). You agree to these Terms by accessing or using any of the PLS Platforms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE A PLS PLATFORM.
In some instances, both these Terms and a separate document that provides additional conditions may apply to a service or product offered via the PLS Platforms ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review our Privacy Policy.
MODIFICATIONS
PLS reserves the right to modify or add to these Terms at any time ("Updated Terms"). You agree that we may notify you of the Updated Terms by making them available via the PLS Platforms, and that your use of the PLS Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the PLS Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the PLS Platforms from that point forward.
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the PLS Platforms (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio-videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the PLS Platforms; the compilation, assembly and arrangement of the materials of the PLS Platforms; and all other materials related to the PLS Platforms (collectively, the "Materials") are owned, controlled or licensed by PLS, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of PLS, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
YOUR LICENSE TO USE MATERIALS
Subject to your strict compliance with these Terms, and only with respect to Materials available on or through the PLS Platforms, PLS grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play the Materials on a computer or other device that you own or control for your personal, non-commercial use only. You agree that: (a) you will keep intact all copyright and other proprietary notices contained in the Materials or any copy you may make of the Materials; (b) you will not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you will make no modifications to the Materials; (d) you will not allow or aid or abet any third party to (whether or not for your benefit): (i) copy or adapt the object code of any PLS Platforms' software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the PLS Platforms creates to generate its web pages or any software or other products or processes accessible through the PLS Platforms; and (e) you will not insert any code or product to manipulate the Materials in any way that affects any user's experience.
You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by PLS; or (c) provide access to any PLS Platforms or Materials via any medium without the prior written consent of an authorized representative of PLS.
FEEDBACK & SUGGESTIONS
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, PLS does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to PLS are perpetually licensed to PLS on a worldwide basis.
MEMBERSHIP & REGISTRATION
Certain areas of the PLS Platforms may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or participate in certain features of the PLS Platforms. When you provide information to the PLS Platforms, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and devices so that others may not access the password protected portion of the PLS Platforms using your account in whole or in part. PLS reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
APPLICATIONS
The PLS Platforms may offer features that enable interactions between the PLS Platforms and a third-party website or service or contain integration with third-party platforms (each, a "Social Application"), such as enabling you to "share" or "tweet" content from the PLS Platforms on other online services. By using such features, you acknowledge and agree to the following: (i) if you use a feature to share information relating to your activity on the PLS Platforms, you are consenting to your information and content being shared; (ii) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if PLS has not provided such information; and (iii) your use of a Social Application is at your own option and risk, and you will hold the PLS Parties harmless for the sharing of information relating to your activity on the PLS Platforms. You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified in a Social Application.
THIRD PARTY LINKS AND CONTENT
There may be links from the PLS Platforms, or communications you receive from the PLS Platforms, to third party sites or properties or our PLS Platforms may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the PLS Platforms. In addition, to access certain PLS Platforms, you may be required to use the sites and properties of a third party. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or properties, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH A PLS PLATFORM INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. PLS ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.
LINKING POLICY
PLS grants you the revocable permission to link to PLS Platforms; provided, however, that your web site, or any third party web sites that link to PLS Platforms: (a) must not frame or create a browser or border environment around any of the content on PLS Platforms or otherwise mirror any part of the PLS Platforms; (b) must not imply that PLS is endorsing or sponsoring it or its products, unless PLS has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in PLS sole opinion, harm PLS or its products or services; (d) must not use any PLS trademarks without prior written permission from PLS; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in PLS sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to PLS Platforms, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, PLS reserves the right to prohibit linking to PLS Platforms for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
MOBILE
The PLS Platforms may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to receive messages from the PLS Platforms (including, without limitation, push messages), download applications to your mobile phone or access PLS Platform features (collectively, the "Mobile Features"). We may charge for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. To opt-out of receiving text messages associated with a Mobile Feature text "STOP" to the applicable shortcode for the Mobile Feature.
If you have registered for Mobile Features that utilize your mobile number, you agree to notify PLS of any changes to your mobile number and update your account(s) on the PLS Platforms to reflect this change.
SPECIAL TERMS FOR APPLE iOS DEVICES
Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using a PLS application acquired from the Apple App Store to access the PLS Platforms on an Apple iOS device ("PLS iOS App").
Acknowledgement You acknowledge that this agreement is concluded between you and us only, and not with Apple. PLS, not Apple, is solely responsible for the PLS iOS App and the content thereof. You further acknowledge that PLS may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date.
Scope of License. You are granted a license to use the PLS iOS App on any iOS device that you own or control and as permitted by the "Usage Rules" set forth in the App Store Terms of Service.
Maintenance and Support. We are solely responsible for providing maintenance and support for the PLS iOS App, as specified in these Terms or as required under applicable law. You and PLS acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PLS iOS App.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a PLS iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such PLS iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the PLS iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to a PLS iOS App or your possession and/or use of the PLS iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the PLS iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
Intellectual Property Rights. In the event of any third-party claim that a PLS iOS App or your possession and use of such PLS iOS App infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
YOUR WARRANTIES
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Term and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the PLS Platforms and you will be responsible for all charges related thereto.
OUR DISCLAIMER OF WARRANTIES
THE PLS PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PLS AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "PLS PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLS PLATFORMS; (B) THE MATERIALS ON OR PROVIDED THROUGH THE PLS PLATFORMS; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE PLS PLATFORMS; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE PLS PLATFORMS; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM PLS OR VIA THE PLS PLATFORMS. IN ADDITION, THE PLS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE PLS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLS PLATFORMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLS PLATFORMS OR THE SERVERS THAT MAKE SOME OF THE PLS PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PLS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLS PLATFORMS IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PLS PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE PLS PARTIES DO NOT WARRANT THAT YOUR USE OF THE PLS PLATFORMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PLS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING A PLS PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT PLS PLATFORM.
LIMITATION OF LIABILITY; WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE PLS PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A PLS PLATFORM; (B) THE MATERIALS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A PLS PLATFORM OR MATERIALS; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PLS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A PLS PLATFORM OR MATERIALS; (E) ANY ERRORS OR OMISSIONS IN A PLS PLATFORM'S TECHNICAL OPERATION; OR (F) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PLS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A PLS PLATFORM). IN NO EVENT WILL THE PLS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE PLS PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE PLS PLATFORMS, OR FOR THE PLS PARTIES' GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PLS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PLS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PLS PARTIES.
BY ACCESSING A PLS PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the PLS Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the PLS Platforms or activities in connection with the PLS Platforms; (b) your breach (actual or alleged) or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer or mobile or other device that infringes, violates or misappropriates any copyright, trade identity, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the PLS Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and PLS. You will cooperate as fully required by the PLS Parties in the defense of any claim. The PLS Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the PLS Parties.
TERM AND TERMINATION
PLS reserves the right to terminate your access to and use of the PLS Platforms or any of its features in its sole discretion, without notice and liability, including, without limitation, if PLS believes your conduct fails to conform to these Terms or any Additional Terms. PLS also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
PLS also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, or content available on the PLS Platforms, without limitation, in whole or in part, including the cessation of all activities associated with the PLS Platforms, with or without notice. You agree that PLS will not be liable to you or to any third party for any modification, suspension or discontinuance of the PLS Platforms or any part thereof. PLS also reserves the right to charge for use of the PLS Platforms, in whole or in part, and to change its fees from time to time in its discretion.
LOCATION AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the PLS Platforms and its Materials are made available for use in select states within the United States.
The information provided on the PLS Platforms is not intended for distribution to or use by any person or entity in any state, jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PLS to any registration requirement within such jurisdiction or country. PLS controls and operates the PLS Platforms from offices located in the United States and makes no representations or warranties that the information, products or services contained on the PLS Platforms are appropriate for use or access in the specific states where it makes its services available. Anyone using or accessing the PLS Platforms from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the PLS Platforms and/or the provision of any content, program, product, service, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by the PLS Platforms may be subject to United States export controls. Thus, no software from the PLS Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the PLS Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to comply with all rules, laws and regulations that are applicable to your use of the PLS Platforms, including, without limitation, those governing your transmission or use of any software or data.
DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH PLS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PLS.
(a) Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and PLS agree: (a) to waive your and PLS's right to have any and all disputes arising from or connected to these Terms or the PLS Platforms (collectively, "Disputes") resolved in a court; and (b) to waive your and PLS's right to a jury trial. Instead, you and PLS agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
(b) No Class Arbitrations, Class Actions or Representative Actions. YOU AND PLS AGREE THAT DISPUTES ARE PERSONAL TO YOU AND PLS, AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND PLS AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
(c) Federal Arbitration Act. You and PLS agree that these Terms affect interstate commerce and that the enforceability of this Dispute Resolution; Arbitration Section shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") to the maximum extent permitted by applicable law.
(d) Process. YOU AND PLS AGREE THAT WE WILL NOTIFY EACH OTHER IN WRITING OF ANY DISPUTE WITHIN THIRTY (30) DAYS OF WHEN IT ARISES SO THAT WE CAN ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE INFORMALLY. Notice to PLS shall be sent by certified mail or courier to:
PLS Financial Services, Inc.
Attn: Legal Department
One South Wacker Drive, Suite 3600
Chicago, IL 60606
Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and PLS cannot agree to resolve the Dispute within thirty (30) days of PLS receiving your notice, then either you or we may commence an arbitration proceeding or file a claim in court as appropriate pursuant to this this Dispute Resolution; Arbitration Section. YOU AND PLS AGREE THAT ANY ARBITRATION OR CLAIM MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES; OTHERWISE, YOU AND PLS AGREE THAT THE CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT A CLAIM REGARDING THE DISPUTE). You and PLS agree that (1) any arbitration will occur in Cook County, Illinois or near your hometown, but only if the applicable arbitration rules so require, which you may attend either in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in Cook County, Illinois will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.
(e) Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(f) Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
(g) Severability. If any provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in subsection (b) of this Dispute Resolution; Arbitration Section are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.
(h) Changes/Opt-Out. You can terminate this agreement to arbitrate within 30 days of first becoming subject to this arbitration provision by providing PLS with written notice to:
PLS Financial Services, Inc.
Attn: Legal Department
One South Wacker Drive, Suite 3600
Chicago, IL 60606
In order to be effective, the notice must include your full name, be received by PLS at the required address within 30 days of first becoming subject to this arbitration provision and clearly indicate your intent to terminate this agreement to arbitrate. Your choice to terminate this agreement to arbitrate will not affect any other provision of these Terms.
Notwithstanding the modification-related provisions in these Terms, if we materially revise the dispute resolution provisions of these Terms, you may reject any such change within thirty (30) days of the date such change becomes effective by providing PLS with written notice to:
PLS Financial Services, Inc.
Attn: Legal Department
One South Wacker Drive, Suite 3600
Chicago, IL 60606
In order to be effective, the notice must include your full name, be received by PLS at the required address within 30 days of the date such change becomes effective and clearly indicate your intent to reject changes to this Dispute Resolution; Arbitration Section. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted. Your choice to reject changes will not affect any other provision of these Terms.
GOVERNING LAW AND VENUE
THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS AND APPLICABLE UNITED STATES LAW, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THE DISPUTES OR ANY ACTION ARISING OUT OF OR RELATING TO DISPUTES BROUGHT BY A PERSON WHO PROPERLY OPTS OUT OF THE AGREEMENT TO ARBITRATE (IN ACCORDANCE WITH THESE TERMS) SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS (EXCEPT FOR SMALL CLAIMS DISPUTES, WHICH MAY BE FILED IN SMALL CLAIMS COURTS IN THE JURISDICTION IN WHICH YOU RESIDE), AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF SUCH DISPUTES.
MISCELLANEOUS
The failure of PLS to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit PLS rights with respect to such breach or any subsequent breaches. No waiver by PLS of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of PLS. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. PLS may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without PLS's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against PLS by virtue of PLS having drafted them.
PLS will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond PLS's reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Notwithstanding termination of your use of the PLS Platforms, for any reason whatsoever, the following sections of these Terms continue and survive: "Ownership of Materials," "Your Warranties," "Our Disclaimer of Warranties," "Limitation of Liability; Waiver," "Indemnification," "Governing Law; Disputes" and "Miscellaneous."
CONTACT INFORMATION
If you should have any questions or comments, please contact us at PLSCustomerComment@pls247.com or 1-855-856-9757.
