1st Money Center, Inc., d/b/a RSVP Loans and RSVP Lending, LLC

Terms and Conditions of Use

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. USING THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU SHOULD EXIT THIS SITE IMMEDIATELY.

Thank You.

Thank you for visiting this website, which is provided by 1st Money Center, Inc ., d/b/a RSVP Loans (RSVP) and RSVP Lending, LLC (RSVP) for your personal information.

Using this Site Constitutes Acceptance of a Legal Agreement.

This Terms and Conditions of Use is a legal agreement (the “Agreement”) between you and RSVP. The Agreement sets the terms and conditions for using the website (“Site”). We provide this Site to you expressly subject to this Agreement. By accessing, browsing, or using the Site in any other way, you acknowledge that you have read, understand, and agree that the terms of this Agreement bind you. You further agree to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and RSVP related to use of the Site.

Eligibility.

Your eligibility for particular products or services is subject to final determination by RSVP. You must be 18 years of age or older (the age of legal capacity to contract, as applicable). Persons under age 18 may not participate in the offers on this Site.

Accountholder Responsibilities.

Certain areas of the website are accessible only to registered accountholders. In order to access the registered-accountholder-only areas of RSVPLoans.com, you will need the username and password you have created. You acknowledge that use of a username and a password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing RSVP in writing of any need to deactivate a username due to security or other concerns. RSVP is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use RSVPLoans.com using your username or password. You must immediately notify RSVP of any unauthorized use of your username or password and any breach of confidentiality. Until RSVP receives this notification from you, you will be held liable for any harm ensuing from the use of your username on RSVPLoans.com.

Consent to Be Contacted by Telephone, Email or Postal Mail.

By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.

In connection with Your Loan, we may need or want to contact you from time to time in connection with your account or any loan for which you have begun or completed the application process. By registering for a RSVP account or beginning an application on our Site for any loan or service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your RSVP account, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.  You agree to promptly notify us if you change your email or mailing address or telephone number by contacting us.

Use of Site.

RSVP authorizes you to view and make copies of documents, pages, images or other materials or content on this Site, for your non-commercial, personal use only. We reserve all other rights. You may not distribute, display, transmit, or disseminate any such documents, pages, images, materials, or content without the prior written consent of RSVP.

Modification and Continued Use.

RSVP reserves the right to modify these Terms and Conditions of Use from time to time. Your use of this Site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.

Copyright, Trademark and Related Issues.

The trademarks, titles, characters, trade names, graphics, designs and other properties appearing on this Site are protected intellectual properties that are owned by RSVP or its affiliates, or by third parties who have authorized use of such properties on this Site. Nothing contained on this Site confers any right under any trademark, copyright or other intellectual property right, except as expressly provided on this Site.

Linking.

This Site may contain links to sites maintained by third parties. RSVP is not responsible for the content or the privacy policies of those sites. You should not consider the existence of such links as an endorsement or recommendation of those sites or of any party who is associated with those sites.

Submission of Ideas.

Our policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments or concepts that are offered or communicated to us through this Site or otherwise shall be the property of RSVP, and may be treated by us as non-confidential. RSVP maintains the unrestricted right to use and disclose such ideas, suggestions, knowledge, expertise, comments, or concepts for any purpose without compensation or obligation to any party.

Damage to Website.

Any attempt by any person to deliberately damage this Site is a violation of criminal and civil laws. RSVP reserves the right to seek damages from any such person to the fullest extent permitted by law.

Improper Use.

You agree not to post or transmit through this Site or any “RSVPLoans.com” email address, any improper material. This includes material or violating or infringing on the rights of others or solicits, encourages or promotes the use of illegal substances or activities. This includes material which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this Site that restricts or inhibits any other user from using or enjoying this Site by “hacking”, “cracking”, “spoofing”, or defacing any portions of this Site.

You may not post or transmit through this Site or any “RSVPLoans.com” email address advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with RSVP and/or this Site. You may not post or transmit through this Site or any “@RSVPLoans.com” email address software or other materials that contain viruses, worms, time bombs, trojan horses, or other harmful or disruptive components. You may not post or transmit through this Site or any “RSVPLoans.com” email address political campaign materials; chain letters; mass mailings, spam mail, any robot, or spider. You may not post or transmit through this Site or any “RSVPLoans.com” email address any site search/retrieval applications, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this Site or its contents. You may not harvest or collect information about visitors to this Site without their express written consent.

Our Right to Monitor.

RSVP has the right, but not the obligation, to monitor the content of this Site, to determine compliance with these Terms and Conditions of Use and any other operating rules established by RSVP. RSVP has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this Site that we find to be in violation of these Terms and Conditions of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this Site. You acknowledge and agree that RSVP does not have any liability for any action or inaction with respect to any conduct, communication or posting on this Site.

Rights in Content and Privacy.

By displaying, publishing and making available for download and use by others any content, messages, text, files, completed forms, applications, images, photos, video, sounds, profiles, works of authorship, or any other materials (“Content”) to the maximum extent permitted by law, you give RSVP a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, and distribute any Content which you submit, post or display on or through the Site. You agree that this license includes a right for RSVP to make such Content available to other companies, organizations or individuals with whom RSVP has relationships for the provision of consumer financial services, and to use such Content in connection with the provision of those services. You understand that RSVP may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit RSVP to take these actions. You confirm and warrant to RSVP that you have all the rights, power, and authority necessary to grant the above license. Applicable law and the RSVP Privacy Policy may limit our rights in such Content. RSVP will use any non-public personal information you supply through this Site in accordance with its
Privacy Policy.

 

Non-Waiver of Our Rights.

You agree that our failure to enforce any rights under this Agreement or applicable law cannot be construed as a waiver of our rights in any way.

Termination and Suspension.

This Agreement is effective until we terminate the Agreement. We may terminate this Agreement at any time without notice. We may suspend or terminate your access and use of the Site at any time, with or without cause, in our absolute discretion and without notice. This Agreement’s provisions addressing the following shall survive termination: the sections concerning, Limitation of Liability and Disclaimer of Warranties, Severability, and any other provision that by its terms survives termination of your use or access to the Site.

No Representation Regarding Jurisdictional Availability, Promotions Void Where Prohibited by Applicable Law.

RSVP makes no representation that the documents, pages, images or other materials or consent on this Site are appropriate or available for use in jurisdictions outside the U.S.A. In offering this Site and Content, we are not soliciting any person to use the Site or Content in jurisdictions where applicable law prohibits providing the Site or Content. All offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers or promotions.

Severability.

If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be legally invalid, unenforceable, or in conflict with any Pawn Ticket, pawn transaction document, title loan document, or other agreement signed by you and us: (1) the validity and enforceability of the remainder of these Terms and Conditions of Use shall not be affected; (2) such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law; and (3) such provision shall be valid, enforceable and enforced in its modified form.

Notice of Grievance and Opportunity to Cure.

Before initiating arbitration or litigation concerning any potential dispute arising from the Agreement you and we agree to mail a written notice to the other party, return receipt requested, to provide the other party an opportunity to resolve such grievance. Such notice shall include a proposed resolution. A party receiving such notice must mail a written offer return receipt requested proposing a reasonable settlement within 30 days (or such longer period as applicable law may require). If an aggrieved party ultimately initiates arbitration or litigation, and if applicable law allows, then the adjudicator shall award reasonable attorney fees, court costs, and litigation expenses to the opposing party, if the adjudicator determines the (a) aggrieved party cannot prove compliance with this paragraph or (b) opposing party timely offered a reasonable settlement.

Certain sections or pages on the Site may contain separate terms and conditions. Any such disclosures, terms, policies, or agreements are accepted as an agreement between you and us, in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. For example, if a conflict exists, then the dispute resolution, jurisdiction, forum, and governing law provisions provided in any loan agreement, Arbitration Provision, Privacy Policy, or Application will supersede the choice of law and venue provisions provided in this Agreement.

Additional Provisions.

This Agreement supersedes any previous Terms and Conditions of Use Agreement to which you and RSVP agreed. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Limitation of Liability and Disclaimer of Warranties.

RSVP uses reasonable efforts to ensure that the information on this Site is accurate, but does not guaranty such accuracy. RSVP makes no representations regarding the use or results of any content on this Site with respect to its accuracy, reliability or any other matter. NEITHER RSVP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. Without limiting the foregoing, neither 1MC nor RSVP nor any other party involved in creating, producing or delivering this Site shall be liable for any damage to your computer equipment or other property, or for any viruses that may infect your computer equipment or other property.

Everything on this Site is provided “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Because some jurisdictions may not allow the exclusion of implied warranties or certain types of damages, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Effective as of June 21, 2017