LoanTill.com is owned by TILL LLC (“Till LLC”) (“we, our, or us”). “us” or “we” means TILL LLC (“Till LLC”), its subsidiaries, affiliates, and any website operated by Till LLC.
We require that you carefully read, understand and agree to the following terms and conditions contained in this Terms of Use Agreement (“Terms of Use”). By accessing, browsing or using this website, and the Website of the below listed companies (“Website”), or any page thereof, through any direct or indirect means, or by using the goods, facilities or services offered in or through the Website (including through alternative methods such as telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use.
THESE TERMS OF USE CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 9, 11 and 15). EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Till LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. These provisions form an essential basis of our bargain.
If you do not agree to these Terms of Use, you are not authorized to access or use the Website and you shall not access or otherwise use the Website.
For purposes of these Terms of Use, “You” or “Your” means the person(s) using the Website, and/or the goods, facilities or services of Till LLC (“Services”) and its affiliates. “You” or “Your” also includes the person(s) that have given consent to others to provide information about themselves to Till LLC (as defined below), the banks, lenders, financial institutions, providers, brokers, aggregators, and providers of other goods and services (“Providers”).
“Till LLC”, “us” or “we” means Till LLC, its subsidiaries, affiliates, and any website operated by Till LLC.
Modification of Terms of Use
We have the right at any time to change or discontinue any aspect or feature of the Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Website. Any use by You of the Website or the goods, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes.
Access and Use of Website
By accessing the Website, you agree to be bound by these Terms of Use. The Website are intended for individuals who are at least 18 years of age and reside in the United States and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, You are not authorized to use the Website or to utilize. Till LLC Services.
Consumer Privacy Policy
The Till LLC Privacy Policy, hereby incorporated by reference into these Terms of Use, explains the policies applicable to the information that is collected through the Website, received directly from You or transmitted to or from third parties.
Consent to Receive Communications via E-mail, Telephone Calls and/or SMS Messaging
By submitting a loan request through the Website, You consent to be contacted by Till LLC, by: (i) telephone at the numbers You have provided whether landline or cellular, even if your phone number is on any Do Not Call list and You agree to receive pre-recorded calls and/or calls made with an automatic dialing system; (ii) by email at the email address You provided or at another address that may be associated with You that we receive from other parties; You agree that any such email will not be considered spam or unauthorized by any local, state or federal law or regulation; and/ or (iii) by SMS messaging to the mobile phone number that You provide, in which case data and messaging rates may apply. Consent is not required in order to purchase goods and services from Till LLC . By submitting a loan request through the Website, You have established a business relationship between You and Till LLC.
By saving Your information with the Website or by making a submission, You give us permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind You of any information in regards to Your submission, including incomplete loan requests, the delivery of loan request offers, deadlines, quality of services or other matters in connection with your loan request or any other good or service.
If at any time you do not wish to continue to receive communications from Till LLC or its affiliates, you may contact Till LLC to opt out at help@loantill.com.
Identity Theft Prevention
Till LLC and/or Providers may obtain, verify and record information, such as name, Social Security Number, address, telephone number and date of birth, that will allow them to properly identify You. During the Provider’s formal application process, they also may ask to see Your driver’s license or other identifying documentation to further assist in certifying Your identity.
Not Professional Advice
No substitute for professional advice. We provide Services solely for Your convenience, and such Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Services. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any Services available through the Website. The relationship between You and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that You may have, and never disregard professional advice or delay in seeking it because of something that You have read on the Website.
Consent to Receive Electronic Disclosures and Communications
Although we may communicate with You by mail, we may also communicate with you by email or by posting notices on the Website. You agree to receive communications from us electronically and that all agreements, notices, disclosures and other communications that we provide to You electronically (“Disclosures and Communications”) satisfy any legal requirement that such communications be in writing.
Providers also may be required by law to provide you with certain Disclosures and Communications. These Providers must obtain your consent in order to provide you with Disclosures and Communications electronically. By submitting a request on or through the Website, You affirmatively consent and agree to receive all Disclosures and Communications required by law electronically in accordance with the terms of the Consent to Receive Electronic Disclosures and Communications. PLEASE READ THE TERMS OF THE CONSENT CAREFULLY
Disclosures and Communications may transmit or convey information about action taken on Your request, portions of Your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of Till LLC. .You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Till LLC at help@loantill.com
Use of the Website in the United States
The Website is controlled and/or operated from the United States, and are not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Website may not be appropriate or available for use in some jurisdictions outside of the United States. In choosing to access the Website, You do so on Your own initiative and at Your own risk, and You are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes or other rules and regulations restricting exports. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Disclaimers and Liability
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. Till LLC AND/OR ITS SUPPLIERS, SERVICE PROVIDERS, LENDERS, OR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR Till LLC’s SERVICES IS AT YOUR OWN RISK. Till LLC AND/OR ITS SUPPLIERS, SERVICE PROVIDERS, LENDERS, OR PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR Till LLC’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Till LLC’s RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Till LLC AND/OR ITS SUPPLIERS, OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
As a condition of use of the Website and/or Till LLC’s services, You agree to indemnify Till LLC and its suppliers, and Providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by You of these Terms of Use.
Limitation on Damages
In no event will Till LLC have any liability to You in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
Links to Third-Party Website
Till LLC has not reviewed any Website that may be linked to the Website and is not responsible for the content of any off-site pages or any other sites linked to the Website. Your linking to any other off-site pages or other sites is at Your own risk.
Errors and Delays
Till LLC is not responsible for any errors or delays in responding to a request or referral form caused by any reason, including but not limited to, an incorrect email address provided by You or other technical problems beyond our reasonable control.
Release and Discharge
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE Till LLC AND ITS SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
Dispute Resolution
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Till LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST Till LLC INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Except if You opt out or for disputes relating to Your relationship with the Website, including disputes related to these Terms of Use (as provided for below), Your use of the Website and/or rights of privacy and/or publicity will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and You and Till LLC hereby expressly waive trial by jury.
As an alternative, You may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither You nor Till LLC will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Till LLC is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Till LLC or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
You may opt out of this agreement to arbitrate. If You do so, neither You nor Till LLC can require the other to participate in an arbitration proceeding. To opt out, You must notify Till LLC in writing within 30 days of the date that You first became subject to this arbitration provision. You must use this address to opt out:
Till LLC
ATTN: Arbitration Opt-out
9050 W Overland RD, Suite 155
Boise, ID 83708
tel: 844-267-9096
You must include your name and residence address, the email address You used, and a clear statement that You want to opt out of this arbitration agreement.
The arbitrator’s award is final and binding on all parties, except that the losing party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Clause will be null and void. This arbitration agreement will survive the termination of Your relationship with Till LLC.
In any arbitration, Till LLC will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. Till LLC will pay additional arbitration expenses to the extent that the arbitrator determines that Till LLC must do so in order to ensure the enforceability of this Arbitration Clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between You and Till LLC, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles, CA, except in the event of a claim in small claims court as provided for herein. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
Other Terms
These Terms of Use constitute the entire agreement between You and Till LLC and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between You and Till LLC.
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
