ARBITRATION AGREEMENT
Effective Date: March 7th, 2025
This Arbitration Agreement (“Agreement”) governs the resolution of any disputes between you (“User”) and TermLoans.com (“Company,” “we,” “us,” or “our”). By using our services, you agree to resolve any claim, dispute, or controversy related to your use of TermLoans.com exclusively through binding arbitration, except as expressly provided below.
1. AGREEMENT TO ARBITRATION
- By accessing or using TermLoans.com, you agree that any dispute, claim, or controversy arising from:
- Your registration or use of TermLoans.com;
- Your submission of information to TermLoans.com;
- Your application for any loan facilitated through TermLoans.com;
- Communications between you and TermLoans.com;
- The disclosures provided to you by TermLoans.com;
- shall be resolved through binding arbitration under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§1 et seq.
- The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available online at www.adr.org.
- If the AAA is unable to administer arbitration, we will mutually agree on a replacement. If no agreement is reached, a court with jurisdiction will appoint the arbitrator.
2. ARBITRATION PROCESS
- Arbitration shall be conducted on an individual basis and not as part of a class action or group arbitration.
- The arbitration hearing will be held in the federal judicial district of your residence or another mutually agreed location.
- If your claim is for $10,000 or less, you may elect for arbitration to be conducted:
- Solely on the basis of documents submitted to the arbitrator;
- Through a telephonic hearing; or
- Through an in-person hearing as determined by the arbitrator under AAA rules.
- The arbitrator shall have the authority to award all remedies available under applicable law, including damages, attorneys’ fees, and injunctive relief.
- The arbitrator shall provide a written decision explaining the ruling upon request.
3. EXCEPTIONS TO ARBITRATION
- Small Claims Court: Either party may bring an individual claim in small claims court instead of arbitration.
- Injunctive Relief: Either party may seek injunctive or equitable relief in a court of law to prevent unlawful conduct.
- Enforceability Determination: Disputes regarding the validity or enforceability of this Arbitration Agreement shall be decided by a court, except that disputes concerning the enforceability of the Loan Agreement as a whole shall be decided by the arbitrator.
4. CLASS ACTION WAIVER
- You and TermLoans.com agree that arbitration will be conducted on an individual basis only.
- You waive any right to participate in any class, collective, or representative action.
- The arbitrator does not have the authority to join or consolidate claims of multiple individuals or parties.
5. COSTS AND FEES
- Each party shall bear its own attorneys’ fees, unless otherwise required by law.
- Administrative and arbitrator fees will be allocated as provided by the AAA Rules.
- If the arbitrator determines a claim is frivolous, the party bringing the claim may be required to pay the other party’s arbitration costs and attorneys’ fees.
6. RIGHT TO REJECT THIS AGREEMENT
- You may reject this Arbitration Agreement within 60 days of your initial registration with TermLoans.com by mailing a signed, written rejection notice to: TermLoans.com – Arbitration Rejection
[Insert Address] - The notice must include your name, mailing address, email, phone number, and a clear statement rejecting this Arbitration Agreement.
- Opting out of arbitration will not affect any other terms of service.
7. SURVIVAL, SEVERABILITY, AND GOVERNING LAW
- This Arbitration Agreement survives any termination of your relationship with TermLoans.com.
- If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force.
- This Arbitration Agreement is governed by the Federal Arbitration Act (FAA) and not by any state law regarding arbitration.
By using TermLoans.com, you acknowledge that you have read, understood, and agreed to this Arbitration Agreement.
Last Updated: March 7th, 2025