PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, WAIVER OF CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Those who choose to access the Site or Mobile Apps do so on their own initiative and are responsible for compliance with applicable local laws, including any and all laws regarding the transmission of technical data exported from or to the U.S. or the territory in which they reside.
The policies below are applicable to the SECA Funding Company and any of its subsidiaries’ network of websites, including the website located at secafunding.com (including any versions optimized for viewing on a wireless or tablet device) or mobile or handheld device application (“Mobile App(s)”) (as defined below); all e-mail newsletters published or distributed by SECA Funding Company; and all other interactive features and communications provided by SECA Funding Company, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by SECA Funding Company (the “Site”).
This Website and Mobile App Terms and Conditions of Use (“terms and conditions” or “Policy”) is an agreement between SECA Funding Company and the user (“you,” “your,” or “user”), and sets forth the legal terms and conditions governing your use of the Site or our Mobile Apps and purchase/or use of our goods and services.
Your use of the Site, or installation of the Mobile Apps, and use of information, data, text, software, images, sounds or other materials contained therein confirms your unconditional acceptance and assent to be bound by this Policy and is subject to your continued compliance with the terms and conditions of this Policy.
Furthermore, you agree to indemnify, compensate, and hold harmless, SECA Funding Company from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site or Mobile Apps in violation of this Policy.
YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. Definitions
“Site” means any and all SECA Funding Company developed websites.
“Mobile App(s)” means the software provided by SECA Funding Company to offer services related to the sales and marketing of SECA Funding Company products and services, or SECA Funding Company’s partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the mobile or handheld device application. “Mobile Apps” does not include software provided by third-parties to users, Customers, Clients, Associates, Referral/Sponsored Agents, or Brand Partners for their business or personal use related to the services provided by SECA Funding Company (e.g. professional networking, contact management, or business development apps created by third-parties).
2. Applicable Laws
The laws of the United States and North Carolina govern this Policy, and any claim relating to, and the use of, the Site, or Mobile Apps, without giving effect to any principles of conflicts of laws. SECA Funding Company makes no representation that materials on the Site or Mobile Apps are appropriate or available for use outside of the United States. Any claim or cause of action with respect to the Site or Mobile Apps must be commenced within one year after the claim arises.
3. Severability, Enforcement
If any provision of this Policy, or our Privacy and Cookie Policy (collectively referred to as “Policies”), is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of our Policies, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability described herein are considered by the parties to be integral to this Policy and shall not be modified or severed.
4. Lawful Purposes Only
The Site and Mobile Apps may only be used for lawful purposes and may not be used in any way to harm another person. You may not use the Site, or Mobile App in violation of this Policy, the SECA Funding Company Independent Associate, Referral/Sponsored Agent Policies and Procedures or the terms and conditions that is inaccurate, incomplete, not true, not current, or if we have reasonable grounds to suspect that information you provide is inaccurate, incomplete, not true, or not current. You agree that your password may be used to attribute an electronic record and electronic signature to you. You are entirely responsible for the security and confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will not share your account information or your username and password with any third party or permit any third party to logon to the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. SECA Funding Company is not liable for any activities that occur under your account, including without limitation, fraudulent purchases made using your account number or password.
Associates, Referral/Sponsored Agents and Brand Partners who receive access to personal information through the Site must do so in accordance with the law and the guidelines for handling Personal Information set forth elsewhere, including without limitation our Privacy and Cookie Policy.
In addition, it is an Associate’s, Referral/Sponsored Agents’ and Brand Partner’s sole responsibility to maintain their own books and records of all transactions and communications with their organizations and customers, clients and to maintain protection against destruction of or tampering with personal information within their possession or control. SECA Funding Company does not guarantee to maintain, or provide back-up or recovery of, any data to you. You understand that you have independent responsibilities for complying with national, federal, state and local laws and regulations relating to the collection, protection, use, and disclosure of personal information collected by you, whether through the Sites or otherwise.
You will cooperate with SECA Funding Company and act in a proactive manner whenever this is required to allow us to comply with our obligations under data protection laws, including to respond within a reasonable time to data protection related enquiries from yourself, your organization and/or competent regulator.
5. Website Content
All Site or Mobile App content, including without limitation, all text, graphics, images, or code are the property of SECA Funding Company or are controlled or licensed to SECA Funding Company, and protected under applicable copyright, or trademark laws. You may not, without our prior written permission, use marks, images, copies, illustrations, designs, photographs, video clips, or frame or mirror any material contained on the Site or Mobile App on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.
By sharing, submitting or uploading any of your data (including without limitation photographs, images, likeness, video, music, art, or comments) to our Site, our Mobile Apps, or our social media channels, you grant SECA Funding Company, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, and display your data in any legal manner. No part of any SECA Funding Company websites may be reproduced, stored in a retrieval system or transmitted by any means without the written permission of the CEO of SECA Funding Company Mr. Robby Evans.
6. License to Use Mobile Apps
SECA Funding Company hereby grants you a worldwide, non-exclusive, non-sublicensable, non-transferable, royalty-free, revocable license to use the Mobile Apps for your business and personal use in accordance with these Terms and Conditions. Any copying, republication, or redistribution of the content, programs, tools, or applications provided by the Mobile Apps, including by caching, framing, or any similar means, without the prior written consent of SECA Funding Company is strictly prohibited. Your use of the Mobile Apps does not grant you any rights, either intentionally or by implication, to any of the content, programs, tools, or applications provided by the Mobile Apps; or the names, images, pictures, logos, and icons identifying SECA Funding Company and its third party vendors; or its third party vendors’ products and services contained on the Mobile Apps.
7. Conditions of Use of Mobile Apps
You will not, nor will you allow third parties on your behalf to, create any derivative work of any program, tool, or application, or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the programs, tools, or applications in the Mobile Apps.
The Mobile Apps are currently made available to you free of charge for your personal, noncommercial use. SECA Funding Company reserves the right to amend or withdraw the Mobile Apps, or charge for the application or service provided to you in accordance with this Policy, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Mobile Apps. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Apps, you will be assumed to have received permission from the bill payer for using the Mobile Apps. You are entirely responsible for any use of the Mobile Apps under your user ID and password. You must immediately notify SECA Funding Company of any unauthorized use of your user ID or any breach of security that becomes known to you.
Taking by any means or method screenshots of any graphics or any other information on any Site or App owned or operated by SECA Funding Company or the storage of any said graphics or information is hereby strictly prohibited without prior written permission from SECA Funding Company.
8. Availability
SECA Funding Company will use reasonable efforts to make the Site and Mobile Apps available at all times. However, you acknowledge the Mobile Apps are provided over the internet and mobile networks and so the quality and availability of the Mobile Apps may be affected by factors outside our control, therefore we are not liable whatsoever for unavailability of the Site or the Mobile App, or any difficulty or inability to download or access content or any other communication system failure which may result in the Site or Mobile App being unavailable.
Eligibility
You represent and warrant that you are the age of majority in your jurisdiction or older, or if you are under the age of majority, you are at least the age of thirteen (13) and are accessing the Site, or Mobile App with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Policy. Certain features on the Site, or Mobile App (including, but not limited to, user registration) and certain offerings may be subject to heightened age and/or other eligibility requirements.
9. SFC, SECA Funding, Southeastern Consultation Agency Funding Company, all aka SECA Funding Company.
10. Privacy Policy
Your use of the Site, or Mobile Apps is also subject to the terms of our Privacy and Cookie Policy. Please click on the link to view our Privacy and Cookie Policy: https://secafunding.com/privacy-policy. By continuing to use our Site and Mobile Apps, you acknowledge that you have read and understand the Privacy and Cookie Policy, and consent to the use of Personal Information you provide in accordance with the terms of, and purposes set forth in our Privacy and Cookie Policy.
11. Promotions
The Site or Mobile App may contain information and advertisements about sweepstakes, contests, or other promotions that require you to provide material or information about yourself. These sweepstakes, contests, or promotions on the Site or Mobile Apps are governed by separate rules that have certain eligibility requirements, such as age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. You are solely responsible to determine whether you are eligible and whether you choose to participate. By entering any such sweepstakes, contest or other promotion, you agree to abide by the rules and decisions of the sponsor(s) identified therein, which shall be final and binding in all respects. Our sweepstakes, contests, and promotions are void where prohibited.
12. Links to Third-Party Sites
If links to third-party websites are provided on the Site, or Mobile Apps, they are solely as a convenience to you. You will leave the Site or Mobile Apps if you use those links. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. SECA Funding Company does not review, or control, third-party sites and is not responsible for any such sites, their content, or their collection or use of your Personal Information. SECA Funding Company does not endorse or make any representations about any information or materials found there, or any results that may be obtained from using them. If you access any third-party sites linked to the Site, or Mobile App, you do so at your own risk.
13. Termination
We reserve the right to determine your compliance with this Policy in our sole discretion and our decision shall be final and binding. Any violation of this Policy, the Associate Policies and Procedures, the SECA Funding Company Independent Associate, Referral/Sponsored Agent Application and Agreement, or any other SECA Funding Company published policy may result in restrictions on your access to all or part of the Site or Mobile Apps, and the termination of your Associate, Referral/Sponsored Agent status and agreement and may be referred to law enforcement authorities, if appropriate. Upon termination, you must promptly destroy any material downloaded or otherwise obtained from your access to all or part of the Site or Mobile Apps.
14. Your Account
You may be required to create an account, register or provide personal information before you access certain content or areas of the Site. The Site practices are discussed in SECA Funding Company’s Privacy Policy. You voluntarily decide whether to provide any information. If you elect not to provide such requested information, you may not be able to access certain content or areas of the Site. You agree to provide, maintain, and update the Site with true, accurate, current, and complete information about yourself or your organization as prompted on the Site. We may suspend or terminate your account or otherwise restrict or decline to permit you continued access to the Site if you provide any information.
15. Terms of Sale
These terms apply to you and your purchase of any products through the Site or Mobile App(s). These terms are subject to change without prior written notice at any time in our sole discretion. By placing an order for products through the Site or Mobile App, you agree to be bound by and accept the terms and conditions in effect at the time of such order.
16. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly process your order.
17. Purchases and Product Pricing
All billing and other information submitted to the Site must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use, and, if you are an Associate, Referral/Sponsored Agent or Brand Partner, may also be a breach of the related Agreement(s). By completing the checkout process you agree to accept and to pay for the product(s) or service(s) requested. You represent and warrant that you have the legal right to use any credit card or other payment means used to complete any transaction.
If a product is listed at an incorrect price or with incorrect information, SECA Funding Company may refuse or cancel any orders placed for the product. SECA Funding Company has the right to refuse or cancel any such orders whether or not the order has been confirmed and the user’s credit card charged. SECA Funding Company may refuse or cancel any order for any reason. If your credit card has already been charged for the purchase and your order is canceled, SECA Funding Company will promptly issue a credit to your credit card account in the amount of the charge.
SECA Funding Company strives for accuracy in all product and service information and descriptions. However, SECA Funding Company does not warrant that any product description or other content on the Site is accurate, complete, reliable, current, or error free. If you find a product or service is not as described your sole remedy is to return it or inform us about the service pursuant to SECA Funding Company’s return and service policy.
SECA Funding Company reserves the right, with or without prior notice, at any time (i) to impose conditions on the honoring of any coupon, coupon code, promotional code, or other promotion, (ii) change a product description or price, (iii) limit the availability of any product or service, (iv) refuse to provide any User or customer with any services.
18. Availability
All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
19. Payment Terms
You agree to pay all charges incurred by you via payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. You must provide us with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use any other payment or financial mechanism specified by us (“Payment Provider”) as a condition to making any payments. Your Payment Provider agreement (e.g., cardholder agreement, or terms of use) governs your use of the payment mechanism, and you must refer to that agreement (not this Agreement) to determine your rights and liabilities with respect to the Payment Provider. By providing us with your payment information, you agree that we and any of our third party payment processors are authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You agree to immediately notify us of any change in your payment and financial information. We reserve the right at any time to change prices and billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make.
20. Shipping Terms and Policies
All shipping charges are your responsibility, unless waived by SECA Funding Company. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. Title to products passes from SECA Funding Company to you upon delivery.
SECA Funding Company uses third-parties to ship orders. SECA Funding Company does not guarantee delivery of any orders on a certain delivery date or time frame. Any shipping or tracking information is provided for convenience only. SECA Funding Company is not responsible for lost, misplaced, damaged, or delayed shipments.
See Product/Services FAQs on https://secafunding.com/faq for more information.
21. Back Orders
If for some reason a product in a multi-item order is temporarily out of stock we may back order that item for you and ship the other merchandise without delay. The price of the item(s) on back order, along with applicable taxes and shipping, will be charged at the time the order is placed.
22. Return Policies
When you shop with us we want you to be completely satisfied.
Return and Refund Policy call 1.800.413.5167 for assistance.
23. User Content
Other than personally identifiable information, which is subject to the Site’s Privacy and Cookie Policy, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews or other communications, photos, videos, or other content you transmit or post to the Site in any manner or publish through any social media account (e.g., Twitter, Instagram, Pinterest, Facebook) to SECA Funding Company or that you allow SECA Funding Company to feature, including your name (as identified in your social publications), social media handle, accompanying text, photos and images (“User Content”) is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of the Site or on social media that is viewable by the public (e.g., in the Customer Reviews section) is not subject to the Site’s Privacy and Cookie Policy and is considered User Content. Further, we are not responsible for the use or disclosure of any personal information that you voluntarily publicly disclose in connection with any User Content you submit. We and our respective affiliates and our or their designees may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, advertising, promotion and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Content. We will have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the User Content submitted by you, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable. You agree that that all User Content submitted by you is truthful, that it will not violate or facilitate the violation of any law or regulation, that you have obtained the consent of anyone (other than yourself) appearing in any User Content, that any User Content submitted by you will not contain, or provide links to, obscene, profane, or threatening language or imagery, malware, political campaigning, commercial solicitation, chain letters, mass mailings, “spam”, or any other material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and that such User Content will not infringe on or violate the rights of any person or entity, including copyright, trademark, patent, privacy or publicity rights. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, copy, modify, adapt, translate, create derivative works from, sell, distribute and otherwise use such User Content for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Policies are later modified or terminated, without any compensation to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
24. Liability Disclaimer
By using the Site or Mobile Apps, you agree that SECA Funding Company is not liable for any damages of any kind related to your use of the Site, or Mobile Apps, whether in contract or tort, and whether direct, indirect, punitive, consequential, or special, including (without limitation) damages for loss of anticipated revenue, business expectancy, or other economic loss in connection with, or arising from, your use of the site or a breach of this Policy. All content is provided on an “as is” basis and your use of any Site or Mobile App is at your own risk. We expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this Site or Mobile App or the content or services provided on, or accessible from, the Site or Mobile App.
25. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
26. Indemnity
You agree to indemnify and hold SECA Funding Company and our parents, affiliates (and their licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of these Policies, or your violation of any rights of another party. This indemnity survives termination of these Policies.
27. Domestic Use; Export Restriction
We control the Site from our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.
28. Right to Takedown Content
SECA Funding Company shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Policies access to the Site or any part thereof.
29. General
Our failure to exercise or enforce any right or provision of these Policies shall not constitute a waiver of such right or provision by us. If any provision of these Policies is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Policy remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or our Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. Arbitration
PLEASE READ THIS ARBITRATION SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND SECA FUNDING COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and SECA Funding Company agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. We will make reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site, you agree that any complaint, dispute, or disagreement you may have against SECA Funding Company and any claim that SECA Funding Company may have against you, arising out of, relating to, or connected in any way with these Policies, our Privacy and Cookie Policy, or any SECA Funding Company transactions shall be resolved exclusively by final and confidential binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has minimum standards of procedural fairness for consumer arbitrations in effect which would be applicable to the matter in dispute, SECA Funding Company agrees to provide the benefit of such minimum standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such minimum standards contravene or restrict the application of subpart (e) or (h) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
- (a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator who is well-versed in all the following 1. commercial law in general; 2. the governing arbitral forum’s applicable rules selected in accordance with the Applicable Rules or by mutual agreement between you and SECA Funding Company; 3. the different laws governing commercial, business-to-business agreements as opposed to consumer-to-business agreements; 4. the MCA (merchant cash advance)/business funding industry; 5. electronic document execution (e.g. the E-Sign Act and state equivalents). Never shall the arbitration be conducted by a panel of arbitrators. Any services provided by SECA Funding Company involving “ínterstate commerce” are therefore governed by the Federal Arbitration Act. The arbitrator is exclusively authorized to decide threshold questions of arbitrability. The arbitration shall be governed by the substantive laws of the state of North Carolina, and the arbitrator shall follow the substantive laws of the state North Carolina of when rendering its award. The arbitrator shall deliver a well-reasoned opinion with the reward, which opinion shall set forth the substantive law applied, the facts considered, and the arbitrator’s application of the law to the facts, resulting in the reward. Discovery shall consist of the mutual
exchange of documents sufficient for each party to present its case to the arbitrator, plus no more than one (1) deposition each, each of which deposition shall not exceed one (1) hour total. No motion practice shall be allowed.
Time is of the essence for any arbitration under this clause; therefore arbitration hearings shall take place within thirty (30) days of filing and arbitration awards shall be rendered within forty five (45) days of filing. The arbitrator shall
agree to all the terms of this paragraph prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute.
The arbitrator shall not award consequential damages in any arbitration under this Agreement. Any award shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a
monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrator fees, the administrative fees of arbitration, the filing fee, and the final fee, (where applicable); except each party shall separately
pay its own counsel’s fees and expenses. Except as may be required by law, besides SECA Funding Company, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of SECA Funding Company. (the “Arbitrator or”); - (b) Arbitrator Will Interpret This Policy. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Policies and/or these arbitration provisions in this section hereof, including but not limited to any claim that all or any part of these Policies is void or voidable;
- (c) Location of Arbitration. The Arbitration shall be held either: (i) at a location in Johnston County, North Carolina USA; or (ii) at such other location as may be be provided by SECA Funding Company or (iii) at its election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
- (d) Governing Law. The Arbitrator (i) shall apply the laws of the State of North Carolina consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with North Carolina or federal rules of procedure, as applicable and issue written rulings deciding such motions; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- (e) No Class Relief. The Arbitration can resolve only your and/or SECA Funding Company Visage’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- (g) Arbitration Costs and Fees. At the commencement of an arbitration, each party shall pay ½ of the arbitration fees; the prevailing party shall be awarded its reasonable costs and expenses, including reasonable and actual attorneys’ fees, expert witness fees, and arbitration fees; and
- (h) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor SECA Funding Company shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
The parties agree that failure or refusal of a party to pay its required share of the deposits/payments for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence. To commence arbitration, the aggrieved party shall provide the other party with email notice of its intention for arbitration. The parties shall subsequently, within five (5) days of such notice, attempt to negotiate in good faith a resolution of the alleged dispute, controversy, or claim. Should the parties fail to resolve the dispute, controversy, or claim within those five (5) days, both parties agree that those entering an arbitration with SECA Funding Company shall select from the provided three (3) dates for the arbitration proceedings to be held within the next thirty (30) days. Anyone, group, company or government entering an arbitration with SECA Funding Company must select a date from the choices provided by SECA Funding Company within three (3) business days. Should those seeking arbitration fail to select a date within three (3) business days, SECA Funding Company shall select the date and notify any seeking arbitration of such date. If any seeking arbitration with SECA Funding Company fails to attend arbitration on the date selected after receiving notice, then those seeking arbitration agrees that the arbitration shall proceed without those seeking arbitration and the arbitrator will be directed to rule in SECA Funding Company’s favor. No claim may be brought as a class action or as a private attorney general; and neither party will have the right to act as a member of a class of claimants with respect to any claim. In no event whatsoever shall an arbitration award include an award of punitive damages and the parties hereby acknowledge and accept these terms of Use and also waive the right to recover punitive damages. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. The parties expressly waive any ability to maintain any class action, collective proceeding, representative proceeding, multiple plaintiffs, any cross examination of witnesses, or similar proceeding in any forum. Anyone, group, company or government entering an arbitration with SECA Funding Company agrees its sole venue for dispute resolution is arbitration, and agrees that any lawsuit filed by Anyone, group, company or government entering an arbitration with SECA Funding Company outside of arbitration must be voluntarily dismissed by Anyone, group, company or government entering an arbitration with SECA Funding Company, and Anyone, group, company or government entering an arbitration with SECA Funding Company shall only pursue arbitration. Upon the arbitrator rendering a decision, both parties agree to allow 14 days for payment of relief ordered by the arbitrator prior to entering the arbitration decision in any court having jurisdiction thereof, if party owing money provides the full payment prior to the expiration of the 14 days agreed, then both parties agree that neither party can enter the decision in any court or disclose the arbitrator decision.
Anyone, group, company or government entering an arbitration with SECA Funding Company agrees to resolve any dispute in arbitration only. Anyone, group, company or government entering an arbitration with SECA Funding Company hereby waives trial in a court of law or by jury in a court of competent jurisdiction, Anyone, group, company or government agrees that any dispute, controversy, or claim arising out of, relating to, or in connection with this Terms of Use Agreement or the breach thereof as well as any and all disputes between and among the parties hereto, shall be submitted to arbitration, which shall be administered by the American Arbitration Association (“AAA”) under the Expedited Procedures of its Commercial Arbitration Rules; Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All parties agree that the arbitration shall be held exclusively in Johnston County, North Carolina USA or remotely at SECA Funding Company’s discretion.
31. Revisions and Modifications
SECA Funding Company may revise this Terms of Use Policy at any time. By using the Site or Mobile Apps you agree to be bound by any such revisions. Accordingly, you should periodically review this Policy to determine the current Policy to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on the Site or Mobile Apps.
Contact Us
If you have any concerns about the Site, Mobile Apps, or this Policy, please call us at the below number. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. North America users may contact SECA Funding Company at 1.800.413.5167 or send email to contact@secafunding.com.
32. Financial Disclaimer
Information for General Purposes Only
Information provided on this Web site and on all publications, packaging, and labels is for general purposes only and designed to help you make informed decisions about your financing. It is not intended to substitute advice from your Attorney, CPA, Tax Professional or Financial Advisor.
* SECA Funding Company Independent Associate, Referral/Sponsored Agent Application and Agreement. You may not falsely advertise, make inappropriate claims, provide obscenity, or create spam using the Site or Mobile App in any way. Spam includes, but is not necessarily limited to 1) sending unsolicited e-mail messages, direct messages or text messages that contain any email or web addresses from your account to online users, 2) posting messages that contain the Site or Mobile App address in forums, news groups, message boards, or other online communities that are unrelated to our products and services, 3) creating false “from sources” in an e-mail message, direct message, text message, or in any other online posting with your services address, thereby giving the impression that the message originated from someone other than you, such as SECA Funding Company or its network of Independent Associates, Referral/Sponsored Agents and 4) sending unsolicited email messages, direct messages, or text messages to people with whom you have no prior business or personal relationship. You may not gain any illegal or unauthorized access to information or other computers or networks from the Site or Mobile App. You may not assist or permit any person to engage in any named violations.
* By submitting your information for any products or services, you consent to be contacted by phone/text or email by a representative from SECA Funding Company. Representatives may utilize an autodialer and standard cellular rates apply.
* Please be aware email is not a secure environment. We take the security in protecting your privacy very seriously – never email SECA Funding Company your credit card details.
* By reviewing all this Terms of Use Policy you hereby agree to this Terms of Use Policy including and not limited to the processing of your personal and business data.
* SECA Funding Company including all and any subsidiaries, its owners, management, officers, stakeholders and staff including contracted staff assume no liability for actions taken in reliance upon the information contained herein.
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