Legal Notices: Fifth Season Financial, L.P. (“Fifth Season”) is a licensed consumer lender. Loans being made or arranged by Fifth Season to California residents are made or arranged pursuant to a California Financing Law license, California lender license #603 E043. Loans being made or arranged by Fifth Season to Texas residents are made or arranged pursuant to a Texas Regulated Lender License, Texas lender license #14000508545-151373. This site is directed at, and made available to, persons in the continental U.S., Alaska and Hawaii only. Loans are not available to residents of all states. Fifth Season’s principal place of business is 201 Broad Street, Suite 500, Stamford, CT 06901, Phone 866-459-1271.
By accessing this web site, you agree to be bound by the following terms and conditions of use in their entirety and without modification or limitation (the “Terms”).
Please direct any questions about these Terms or any other questions or problems with this web site to email@example.com.
Any details stated in case examples listed on this web site may be approximations. Actual cases will vary from those shown on the website.
Telephonic Communications and Agreement to be Contacted
You acknowledge that telephone calls to or from Fifth Season or its affiliates may be monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to Fifth Season, including, but not limited to, name, mailing address, email address, residential telephone number, and/or mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us or that you have the express authorization of the current subscriber to provide such telephone number to us.
You agree that Fifth Season may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you directly at any time or obtained through other lawful means, such as caller ID capture. Fifth Season or its affiliates may call or text you even if your telephone number is registered on any state or federal Do Not Call list.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS CERTAIN RIGHTS INCLUDING, BUT NOT LIMITED, TO THE RIGHT TO BRING AN ACTION IN COURT, TO SEEK TRIAL BY JURY, AND TO BRING CLASS ACTIONS.
Any claim, dispute, or controversy arising from or relating to your relationship with Fifth Season or its affiliates, whether in contract, tort, pursuant to statute, regulation, ordinance, or in equity or otherwise, wherever and by whomever commenced (“Claim”), shall, upon delivery of a written notice demanding arbitration to the other party (including a written notice after the commencement of a lawsuit or a notice contained in court filings in any such lawsuit), be resolved by binding arbitration on an individual (not class) basis only. Such arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (and not any state law concerning arbitration), these Terms, and the applicable rules of JAMS–excluding any rules pertaining to class arbitration, and subject to any modifications of those rules by this Arbitration Agreement–in effect at the time of the written notice demanding arbitration. In the event of a conflict between JAMS rules and this Arbitration Agreement, this Arbitration Agreement shall control. In the event of a conflict between this Arbitration Agreement and another potentially applicable contractual arbitration provision, this Arbitration Agreement shall control. The arbitrators shall not apply any arbitration provision other than this Arbitration Agreement in administering any arbitration concerning Claims falling within the scope of this Arbitration Agreement. The term “Claim”, as used in this Arbitration Agreement, is to be given the broadest possible meaning, and includes without limitation claims, disputes, or controversies arising from telephone, email, text or written communications from Fifth Season or its affiliates, or qualifying a policy for possible loan or purchase. Any dispute regarding arbitrability, including the permissibility of class arbitration, however, shall be resolved by a court of competent jurisdiction, and not in arbitration. For avoidance of doubt, all disputes regarding the availability of classwide or consolidated arbitration shall be resolved in court and not in arbitration, regardless of the posture under which such disputes arise. YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL IN ARBITRATION. DISCOVERY AND RIGHTS TO APPEAL GENERALLY ARE MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT, AND OTHER RIGHTS APPLICABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. THE ARBITRATION AGREEMENT IS FULLY BINDING IN THE EVENT THAT A CLASS ACTION OR SIMILAR LAWSUIT OR CLASS ARIBTRATION IS FILED IN WHICH YOU WOULD BE A CLASS REPRESENTATIVE OR MEMBER, OR WOULD ACT IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU AGREE THAT THERE SHALL BE NO CLASS OR CONSOLIDATED ARBITRATION OF ANY CLAIM, AND YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE OR LITIGATE IN A CLASS ACTION.
JAMS will be used for the purposes of administering an arbitration governed by this Arbitration Agreement. The web site containing applicable rules for JAMS is www.jamsadr.com. The arbitration will be decided by one (1) arbitrator, who must be a lawyer with more than ten (10) years of experience or a retired judge.
Arbitrations seeking relief less than $100,000 in the aggregate will be held within the federal judicial district encompassing the city where you reside. Arbitrations seeking relief of $100,000 or more in the aggregate will be held in Stamford, CT.
The parties to the arbitration shall share the arbitration fees equally, which amounts shall be recoverable in the arbitration. Each party to the arbitration shall be responsible for its own attorney, expert, and other fees, provided however, that the successful party in the arbitration may seek to have its fees and costs and expenses recovered from the losing party as part of the arbitration award.
Consistent with the individual (not class) nature of the arbitration for which this Arbitration Agreement provides, there shall be no discovery in such arbitration of the name or other identifying information of any insured or policy owner. Nor shall there be discovery in such arbitration of any trade secret, or any document or information pertaining exclusively to one or more transactions in which you were not directly involved. The arbitrator shall apply the Federal Rules of Civil Procedure and Federal Rules of Evidence, except that in the event of a conflict between any of those rules and this Arbitration Agreement, this Arbitration Agreement shall control.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the Arbitration Agreement; provided, however, that if the prohibition on classwide arbitration is deemed invalid or unenforceable–an issue that may be considered only in a putative class proceeding–then this entire Arbitration Agreement shall be null and void.
FIFTH SEASON MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FIFTH SEASON AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIFTH SEASON OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FORM(S) AND/OR THE TOOL(S) PROVIDED OR DESCRIBED HEREIN AT ANY TIME.
Limitation of Liability.
IN NO EVENT SHALL FIFTH SEASON BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE.
Notice Specific to Content Available on this Web site.
No permission of any kind is granted regarding the use or reproduction of the design or layout of the www.fifthseasonfinancial.com web site or any other owned, operated, licensed or controlled site by Fifth Season. Elements of this web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Fifth Season web site may be copied or retransmitted unless expressly permitted by Fifth Season.
FLAG ®, and Loans for Living and Giving © are registered service marks of Fifth Season Financial, L.P..
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