"I needed cash, couldn't wait until payday. Luckily, I found SuperSonicPayday and got my money in no time at all!"
Lisa W., Milkwaukee, Wisconsin
"I never expected to get the cash I needed this quickly. Thanks SuperSonicPayday!"
Geoff B., Houston, Texas
WEBSITE TERMS OF USE
1. AGREEMENT
These Terms of Use (the "Agreement") constitute a legally binding agreement by
and between Acquisition Media, LLC d/b/a SuperSonicPayday.com (hereinafter,
"Acquisition Media") and you ("you" or "your") concerning your use of Acquisition
Media's website http://www.SuperSonicPayday.com/ (the "Website") and the services
available through the Website (the "Services"). By using the Website and
Services, you represent and warrant that you have read and understand,
and agree to be bound by, this Agreement and Acquisition Media's
Privacy Policy,
(the "Privacy Policy"), which is incorporated herein by reference and made part
of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE
TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE
AND CEASE USING THE SERVICES.
2. PRIVACY POLICY
By using the Website, you consent to the collection and use of certain information
about you, as specified in the
Privacy Policy.
Acquisition Media encourages users of the Website to frequently check Acquisition
Media's Privacy Policy for changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
ACQUISITION MEDIA RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY
POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION
OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT
AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE,
YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless
Acquisition Media obtains your express consent, any revised Privacy Policy will
apply only to information collected by Acquisition Media after such time as the
revised Privacy Policy takes effect, and not to information collected under any
earlier Privacy Policies.
4. ELIGIBILITY
This Agreement is void where prohibited, including without limitation, in Arkansas,
Arizona, Georgia, Oregon and West Virginia. BY USING THE WEBSITE OR SERVICES, YOU
REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A RESIDENT OF THE UNITED
STATES (BUT NOT A RESIDENT OF ARKANSAS, ARIZONA, GEORGIA, ORGEON, WEST VIRGINA OR ANY
OTHER STATE WHERE PROHIBITED BY LAW), AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO
AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
5. LICENSE
Subject to your compliance with the terms and conditions of this Agreement,
Acquisition Media grants you a non-exclusive, non-sublicensable, revocable,
non-transferable license to use the Website and Services. THE WEBSITE AND SERVICES
ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE (EXCEPT AS EXPRESSLY SET FORTH HEREIN).
The Website, or any portion of the Website, may not be reproduced, duplicated, copied,
modified, sold, resold, or distributed without the express written consent of Acquisition
Media. Except as expressly set forth herein, this Agreement grants you no rights in or to
the intellectual property of Acquisition Media or any other party. The license granted
in this section is conditioned on your compliance with the terms and conditions of this
Agreement. In the event that you breach any provision of this Agreement, your rights
under this section will immediately terminate.
6. USER INFORMATION
In connection with your use of the Services, you are required to complete an
application form. You represent and warrant that all user information you provide
on the application form or otherwise in connection with your use of the Website
and Services will be current, complete and accurate.
7. ACQUISITION MEDIA IS NOT A LENDER
ACQUISITION MEDIA DOES NOT PROVIDE SHORT-TERM LOANS BUT, INSTEAD, REFERS CONSUMERS
TO LENDERS WHO MAY PROVIDE SUCH LOANS. ACQUISITION MEDIA SHARES CONSUMER APPLICATION
INFORMATION WITH ONE OR MORE LENDERS AND/OR THIRD-PARTY MARKETING PARTNERS. ACQUISITION
MEDIA CANNOT, AND DOES NOT, GUARANTEE THAT IT WILL MATCH A CONSUMER WITH A LENDER,
OR THAT A CONSUMER'S APPLICATION WILL BE APPROVED BY A LENDER. ACQUISITION MEDIA
CANNOT, AND DOES NOT, GUARANTEE THE AMOUNTS OF FUNDS THAT MAY BE EXTENDED TO A CONSUMER
IF ANY LENDER APPROVES A CONSUMER'S APPLICATION. CONSUMER CREDIT CHECKS MAY BE PERFORMED.
8. RELATIONSHIP AND OBLIGATION OF THE PARTIES
You acknowledge and agree that you and lenders ("Lenders") enter contracts directly
with each other to obtain or provide certain short-term loans. Acquisition Media
is not a party to any contract between you and Lenders for short-term loans, and
is not involved in the contracting between you and Lenders. All rights and obligations
for short-term loans are solely between you and Lenders. ACQUISITION MEDIA HAS NO
CONTROL OVER AND DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE QUALITY, ACCURACY,
RELIABILITY, COMPLETENESS, USEFULNESS, SAFETY OR LEGALITY OF THE REQUESTED OR
OFFERED SHORT-TERM LOANS, THE ABILITY OF LENDERS TO DELIVER SHORT-TERM LOANS,
THE ABILITY OF CUSTOMERS TO REPAY SHORT-TERM LOANS, OR THAT A CUSTOMER OR LENDER
WILL ENTER A BORROWER-LENDER RELATIONSHIP. Each customer and Lender must look solely
to the other for the enforcement and performance of all their rights and obligations
for short-term loans, and any other terms, conditions, representations, or warranties
associated with such dealings.
9. CONSENT TO RECEIVE EMAIL FROM ACQUISITION MEDIA
By completing an application through the Website, you consent to receive certain
administrative email communications from Acquisition Media. You also consent to
receive periodic online and offline marketing communications from Acquisition Media.
You may opt-out of receiving Acquisition Media marketing communications at any time
by clicking [here] and following the opt-out instructions.
10. CONSENT TO RECEIVE COMMUNICATIONS FROM LENDERS
By registering with the Website, your thereby consent to receive communications,
including by mail, email and telephone, from Lenders.
11. THIRD-PARTY WEBSITES
The Website may be linked with the websites of third parties ("Third-Party Websites").
Acquisition Media does not have control over the content and performance of Third-Party
Websites. ACQUISITION MEDIA HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE
MATERIAL, GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES.
ACCORDINGLY, ACQUISITION MEDIA DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY
WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE
INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES.
ACQUISITION MEDIA DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY
FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM
YOUR USE OF THIRD-PARTY WEBSITES.
12. PROHIBITED USES
Acquisition Media imposes certain restrictions on your use of the Website and the
Services. you represent and warrant that you will not, without limitation:
(a) violate or attempt to violate any security features of the Website or Services;
(b) copy or otherwise duplicate, directly or indirectly, any portion of the Website,
including without limitation, all designs, information, photographs, images, drawings,
videos, music, text, typefaces, graphics, products, code, and other files, and the
selection, arrangement and organization thereof (collectively, "Acquisition Media Content");
(c) use any software that enables copying or duplication of Acquisition Media Content
for later off-line viewing;
(d) distribute, display, modify, transmit, resell, reuse, or repost Acquisition
Media Content in any electronic form, including any online service, the Internet
or any other telecommunications medium which now exists or shall exist in the future,
for any purpose, without the prior written permission of Acquisition Media;
(e) provide false, misleading or inaccurate information to Acquisition Media or any Lender;
(f) impersonate, or otherwise misrepresent affiliation, connection or association
with, any person or entity; (g) harvest or otherwise collect information about
Acquisition Media users, including email addresses and phone numbers;
(h) use or attempt to use any engine, software, tool, agent, or other device or
mechanism (including without limitation browsers, spiders, robots, avatars,
or intelligent agents) to harvest or otherwise collect information from the Website
for any use, including without limitation use on third-party websites;
(i) access content or data not intended for you, or log onto a server or account
that you are not authorized to access; (j) attempt to probe, scan, or test the
vulnerability of the Services, the Website, or any associated system or network,
or breach security or authentication measures without proper authorization;
(k) interfere or attempt to interfere with the use of the Website or Services by
any other user, host or network, including, without limitation by means of
submitting a virus, overloading, "flooding," "spamming," "mail bombing," or
"crashing";
(l) use the Website or Services to send unsolicited e-mail, including
without limitation, email promotions or advertisements for products or services;
(m) forge any TCP/IP packet header or any part of the header information in any
e-mail or in any uploading or posting to, or transmission, display, performance
or distribution by means of, the Website or Services; or
(n) attempt to modify, reverse-engineer, decompile, disassemble or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source code
used by Acquisition Media Parties in providing the Website or Services. Any violation
of this section may subject you to civil and/or criminal liability.
13. INTELLECTUAL PROPERTY
The Website, all content and materials located on the Website, including without
limitation the 100DayLoans name and any logos, designs, text, graphics and other files,
and the selection, arrangement and organization thereof, are the intellectual property
of Acquisition Media, LLC or its licensors. Except as explicitly provided, neither
Your use of the Website and Services, nor your entry into this Agreement, grant
You any right, title or interest in or to any such content or materials.
100DAYLOANS, 100DAYLOANS.COM and the "100DayLoans" logo (the "Acquisition Media Marks")
are trademarks or registered trademarks of Acquisition Media, LLC. The Website is
Copyright © 2009 to the present, Acquisition Media, LLC. ALL RIGHTS ARE RESERVED.
14. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
ACQUISITION MEDIA HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE
PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW,
ACQUISITION MEDIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACQUISITION
MEDIA DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU
WILL NOT HOLD ACQUISITION MEDIA OR ITS LENDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE,
RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE
WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS
OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF ACQUISITION MEDIA IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, IN NO EVENT SHALL ACQUISITION MEDIA BE LIABLE FOR SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION,
LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO
MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE,
NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR
OF ANY ADVICE OR NOTICE GIVEN TO ACQUISITION MEDIA ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS
OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF ACQUISITION MEDIA
TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THIS LIMITATION OF
LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT
OF THE BASIS OF THE BARGAIN BETWEEN ACQUISITION MEDIA AND YOU. THE WEBSITE AND
SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER
DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT
OR ANY OTHER AGREEMENT BETWEEN YOU AND ACQUISITION MEDIA. SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN
DAMAGES, SO SOME OF THE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY CONTAINED
HEREIN MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE
FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL
ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website and Services will be in
accordance with this Agreement and any other Acquisition Media policies, and with
any applicable laws or regulations.
16. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, you agree to
defend, indemnify and hold harmless Acquisition Media and its officers, directors,
employees, agents, affiliates, representatives, sub-licensees, successors and
assigns (collectively, the "Indemnified Parties") from and against any and all claims,
actions, demands, causes of action and other proceedings (collectively, "Claims"),
including but not limited to legal costs and attorneys' fees, arising out of or
relating to: (i) your breach of this Agreement, including without limitation any
representation or warranty contained in this Agreement; (ii) your access to or
use of the Website or Services; (iii) your provision to Acquisition Media or any
of the Indemnified Parties of information or other data; or (iv) your violation
or alleged violation of any foreign or domestic, federal, state or local law or
regulation; or (v) your violation or alleged violation of any third party's copyrights,
trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate
through counsel of their choice in any defense by you of any Claim as to which you
are required to defend, indemnify or hold harmless the Indemnified Parties. You may
not settle any Claim without the prior written consent of the concerned Indemnified
Parties.
17. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, and this Agreement, including without limitation this
Agreement's interpretation, shall be treated as though this Agreement were executed
and performed in Scottsdale, Arizona and shall be governed by and construed in
accordance with the laws of the State of Arizona without regard to its conflict
of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE
WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE
SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement
shall be interpreted in accordance with its fair meaning and not strictly for
or against either party.
(a) Requirement of Arbitration.
You and Acquisition Media agree that any dispute, of any nature whatsoever,
between you and Acquisition Media arising out of or relating to the Website,
Services, or this Agreement, shall be decided by neutral, binding arbitration
before a representative of the American Arbitration Association (AAA) in Phoenix,
Arizona (unless you and Acquisition Media mutually agree to a different arbitrator)
who shall render an award in accordance with the AAA's Commercial Arbitration Rules
and the substantive laws of Arizona. A final judgment or award by the arbitrator
may then be duly entered and recorded by the prevailing party in the appropriate
court as final judgment. The arbitrator may award costs (including, without limitation,
the AAA fee and reasonable attorneys' fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude you or Acquisition Media from seeking
provisional remedies in aid of arbitration, including without limitation orders to
stay a court action, compel arbitration or confirm an arbitral award, from a court
of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude
you or Acquisition Media from applying to a court of competent jurisdiction for a
temporary restraining order, preliminary injunction, or other interim or conservatory
relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION
REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN AND
AROUND PHOENIX, ARIZONA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND
PERSONAL JURISDICTION OF SUCH COURTS.
18. TERMINATION
(a) Termination; Survival
Either party may terminate this Agreement and its rights hereunder at any time,
for any or no reason at all, by providing to the other party notice of its intention
to do so in accordance with this Agreement. This Agreement shall automatically
terminate in the event that you breach any of this Agreement's representations,
warranties or covenants. Such termination shall be automatic, and shall not require
any action by Acquisition Media. If Acquisition Media, in Acquisition Media's
discretion, takes legal action against you in connection with any actual or suspected
breach of this Agreement, Acquisition Media will be entitled to recover from you
as part of such legal action, and you agree to pay, Acquisition Media's reasonable
costs and attorneys' fees incurred as a result of such legal action. Acquisition
Media Parties will have no legal obligation or other liability to you or to any
third party arising out of or relating to any termination of this Agreement. Upon
termination, all rights, licenses and obligations created by this Agreement will
terminate, except that Sections 1, 4-8, and 11-20 will survive any termination of
this Agreement.
19. NOTICES
All notices required or permitted to be given under this Agreement must be in
writing. Acquisition Media shall give any notice by email sent to the most recent
email address, if any, provided by the intended recipient to Acquisition Media.
You agree that any notice received from Acquisition Media electronically satisfies
any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY
OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH ACQUISITION MEDIA IS ACCURATE AND
CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY ACQUISITION
MEDIA OF AN EMAIL TO THAT ADDRESS. you shall give any notice to Acquisition Media by
means of: (1) fax at: 480-365-0336; (2) U.S. mail, postage prepaid, to: Attn: Legal
Department, 7144 East Stetson Drive, Suite 300 Scottsdale, Arizona 85251; or (iii)
email to: legal@blueglobalmedia.com. Notice to Acquisition Media shall be effective
upon receipt of notice by Acquisition Media.
20. GENERAL
This Agreement constitutes the entire agreement between Acquisition Media and you
concerning your use of the Website and Services. This Agreement may only be modified
by a written amendment signed by an authorized executive of Acquisition Media or by
the unilateral amendment of this Agreement by Acquisition Media and by the posting
by Acquisition Media of such amended version. If any part of this Agreement is held
invalid or unenforceable, that part will be construed to reflect the parties' original
intent, and the remaining portions will remain in full force and effect. A waiver by
either party of any term or condition of this Agreement or any breach thereof, in
any one instance, will not waive such term or condition or any subsequent breach
thereof. This Agreement and all of your rights and obligations hereunder will not
be assignable or transferable by you without the prior written consent of Acquisition
Media. This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns. You and Acquisition Media are
independent contractors, and no agency, partnership, joint venture or employee-employer
relationship is intended or created by this Agreement. Except as and to the extent
set forth in Sections 12, 13, 14 and 16, there are no third-party beneficiaries to
this Agreement. You acknowledge and agree that any actual or threatened breach of
this Agreement or infringement of proprietary or other third-party rights by you
would cause irreparable injury to Acquisition Media, and would therefore entitle
Acquisition Media to injunctive relief. The headings in this Agreement are for the
purpose of convenience only and shall not limit, enlarge, or affect any of the
covenants, terms, conditions or provisions of this Agreement.