PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THE ACCEPTANCE OF THESE TERMS.
Use of Information and Restrictions
You are authorized to view the information available from this Site for informational purposes only. The materials provided on the Site may be protected by applicable law, including but not limited to United States copyright laws. The product and fee information presented on this Site represent Maven’s offers as of the most recent update and are subject to change. Rules, regulations and loan documents currently in effect take precedence over any information herein.
Password and Security Procedures
We would generally include a section discussing accessing to an account, password and security procedures, including use of a temporary password that will indicate the client’s acceptance to the terms and conditions governing the account and loan agreement. There are also general security procedures such as verification of payment instructions, et al. which generally include challenge questions and encryption and a statement indicating the client agrees these are reasonable methods of providing security against unauthorized transactions and that the client would hold Maven harmless and indemnify it against any execution of the instructions that occurred in good faith.
The information and materials contained on this Site are provided “as is” without warranty of any kind, including but not limited to any warranty of accuracy, adequacy of completeness of materials, title, non-infringement of third party rights, merchantability or fitness for a particular purpose.
Limitation of Liability
In no event will Maven be liable for any damages, losses or expenses, including but not limited to special, incidental, consequential or punitive damages arising in connection with this Site, use thereof or reliance on any information contained herein.
Access to Site Outside the United States
If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Dispute Resolution Through Arbitration and Class Action Waiver
THIS SECTION AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS.
(a) EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND MAVEN ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. IF EITHER YOU OR WE CHOOSE TO ARBITRATE, THEN ANY CLAIM BETWEEN YOU AND US WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
(b)The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 17, available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this section. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, except for any right of review provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court of competent jurisdiction. At your election, any in-person hearing will take place in the federal judicial district of your residence.
The arbitrator‘s authority will be limited to claims between you and us. Your claim may not be joined or consolidated with any other claim unless expressly agreed in writing between you and us.
You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration or registration fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award attorneys’ fees to you under the standards for fee shifting provided by law.
(c) We will not elect arbitration for any claim that you file in small-claims court as long as it is limited solely to your individual dispute or controversy, is pending only in that court and is within the scope of that court’s jurisdiction.
(d) In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the validity, enforceability or scope of this class arbitration waiver.
(e) A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Our email address for Notice is: email@example.com. The Notice must (1) describe the nature and basis of the claim or dispute; (2) specify the amount of money in dispute, if applicable; (3) identify the requested location if an in-person hearing is requested; and (4) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding.
(f) You and us agree that the sole and exclusive jurisdiction and venue for resolving any disputes between us arising out of or related to the validity, enforceability or scope of this arbitration provision shall be in the federal or state courts located in Miami Dade County, Florida. Each party irrevocably submits to the sole and exclusive jurisdiction of such courts in any such suit, action or proceeding. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining arbitration provisions shall nevertheless remain in full force and effect.