Portlnd Car Title Loans Site Terms

Terms and Conditions of Use of Portlnd CAR TITLE LOANS

Portlnd Car Title Loans Site Terms ("Terms") are entered into by, as applicable, the Customer, Advertiser, Vendor ("CUSTOMER") signing these Terms or any document that references these Terms or that accepts these Terms electronically and Portlnd Car Title Loans ("CTL"). These Terms govern CUSTOMER'S participation in CTL's program(s) ("Program") and, as applicable, any other website owned and operated by CTL ("CTLFS") or CTL affiliate websites are executed by and between the parties and/or CUSTOMER'S online management.. These Terms are collectively referred to as the "Agreement." CTL and CUSTOMER hereby agree and acknowledge:

Policies. Program use is subject to all applicable CTL and CTLFS policies, including without limitation the Editorial Guidelines, CTL Privacy Policy and Trademark Guidelines, and CTL and CTLFS ad specification requirements (collectively, "Policies"). Policies may be modified at any time by CTL.

The Program. CUSTOMER is solely responsible for:

All ad content, ad information, and ad URLs, whether generated by or for CUSTOMER, CTL sites, services and landing pages which links or directs viewers to advertised services and products. CUSTOMER shall protect any CUSTOMER passwords and takes full responsibility for CUSTOMER'S own, and third party use of any CUSTOMER accounts. CUSTOMER understands and agrees that ads may be placed on any content or property provided by CTLFS, and, unless CUSTOMER opts out of such placement in the manner specified by CTL, any other content or property provided by a third party ("Partner") upon which CTL places ads ("Partner Property"). CUSTOMER authorizes and consents to all such placements. With respect to the CUSTOMER'S listing information, CTL may send CUSTOMER an email notifying CUSTOMER it has 24 hours ("Modification Period") to modify content, keywords, or any PROGRAM and settings as posted. The account (as modified by CUSTOMER, or if not modified, as initially posted) is deemed approved by CUSTOMER in all respects after the Modification Period. CUSTOMER agrees that all placements of CUSTOMER'S ads shall conclusively be deemed to have been approved by CUSTOMER unless CUSTOMER produces contemporaneous documentary evidence showing that CUSTOMER disapproved such placements in the manner specified by CTL. With respect to all other advertising, CUSTOMER must provide CTL with all relevant information by the due date set forth in that Program's applicable frequently asked questions at ("FAQ") or as otherwise communicated by CTL. CUSTOMER grants CTL permission to utilize an automated software program to retrieve and analyze websites associated with the Services for ad quality and serving purposes, unless CUSTOMER specifically opts out of the evaluation in a manner specified by CTL. CTL may modify any of its Programs at any time without liability. CTL also may modify these Terms at any time without liability, and CUSTOMER'S use of the Program after notice that these Terms have changed constitutes CUSTOMER'S acceptance of the new Terms. CTL or Partners may reject or remove any ad or Target for any or no reason.

Cancellation. CUSTOMER may cancel advertising online through CUSTOMER'S account if online cancellation functionality is available, or, if not available, with prior written notice to CTL, including without limitation, electronic mail. Enhanced subscription will cease serving shortly after cancellation.

Prohibited Uses; License Grant; Representations and Warranties. CUSTOMER shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (b) use any automated means or data extraction to access, query or otherwise collect CTL advertising related information from any Program website or property except as expressly permitted by CTL; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice. CUSTOMER represents and warrants that it holds and hereby grants CTL and Partners all rights (including without limitation any copyright, trademark, patent, publicity or other rights) for Creative Purposes, Services and URL's needed for CTL and Partner to operate Programs (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of the CUSTOMER in connection with this Agreement ("Use"). CUSTOMER represents and warrants that all CUSTOMER information is complete, correct and current and any Use hereunder will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including without limitation intellectual property rights). Violation of the foregoing may result in immediate termination of this Agreement or CUSTOMER'S account without notice and may subject CUSTOMER to legal penalties and consequences.

HOW CUSTOMER MAY USE CTL MARKS: Names, logos and all related products and service names of CTL, including design marks and slogans are trademarks and service marks owned by and used under license from CTL or CTLFS. All other trademarks and service marks herein are the property of their respective owners. No copies of Materials may be made without copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. CUSTOMER are not authorized to use any CTL name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of CTL.

HOW CTL MAY USE INFORMATION CUSTOMER PROVIDE TO US: Except for any personally identifiable information that CTL agree to keep confidential as provided in CTL Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which CUSTOMER send to us will be treated as being non-confidential and nonproprietary. CTL assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. CTL will also be free to use any ideas, concepts, know-how or techniques contained in information that CUSTOMER send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

PRIVACY POLICY: Use of CTL Site is also subject to the Terms and Conditions of CTL Privacy Policy. CTL Site is intended for use primarily by persons 18 years or older.

NO ENDORSEMENTS MADE BY CTL: CTL do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the CTL or CTLFS websites.
References that CTL make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply CTL endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by CUSTOMER as a result of an advertisement or any other information or offer in or in connection with the CTL or CTLFS sites (the "Products").

CONTENT DISCLAIMER: CTL communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. CTL has no control over the accuracy of such information on CTL pages, and material on the CTL or CTLFS site may include technical inaccuracies or typographical errors.
CTL makes no guarantees, nor can CTL be responsible for any such information, content, quality, copyright compliance or legality, or any resulting loss or damage.
All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. CUSTOMER should use discretion while browsing the Internet.

CTL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Sites. Where appropriate, CTL will endeavor to update information listed on the CTL site on a timely basis, but shall not be liable for any inaccuracies.
Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by CTL, CTLFS, or its affiliates. CTL does not make any representations regarding the availability and performance of its CTL site, third party sites or any of the

CTLFS sites to which CTL provide links. When CUSTOMER click on advertiser banners, sponsor links, or other external links from the Site, CUSTOMER browser automatically may direct CUSTOMER to a new browser window that is not hosted or controlled by CTL, CTLFS, or its affiliates and are not responsible for the content, functionality, or technological safety of these external sites.

CTL reserve the right to disable links to or from third-party sites to CTL or CTLFS. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use CTL Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. CTL are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked CTL sites. CTL does not fully screen or investigate business listing web sites before or after including them in directory listings that become part of the Materials on CTL Site, and CTL make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

WARRANTY DISCLAIMER: Any use of the CTL (CTLFS) web site, reliance upon any Materials, and any use of the Internet generally shall be at CUSTOMER'S sole risk. CTL disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the CTL results.

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CTL DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. CTL DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CTL DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Disclaimer and Limitation of Liability. To the fullest extent permitted by law, CTL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. To the fullest extent permitted by law, CTL disclaims all guarantees regarding positioning, levels, quality, or timing of costs per click, click through rates, availability and delivery of any impressions, conversions or other results for any ad or Program on any CTLFS or its affiliates. CTL disclaims all guarantees regarding the accuracy of data (e.g. reach, size of audience, demographics or other purported characteristics of audience). CTL disclaims all guarantees regarding adjacency or placement of ads within any Program. CUSTOMER understands that third parties may generate impressions or clicks on CUSTOMER'S ads for prohibited or improper purposes, and CUSTOMER accepts the risk of any such impressions and clicks. TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CTL BY CUSTOMER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

THIRD PARTY SITES: CUSTOMER'S correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between CUSTOMER and such advertisers or service providers. CUSTOMER assume all risks arising out of or resulting from CUSTOMERS transaction of business over the Internet, and CUSTOMER agree that CTL are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. CUSTOMER acknowledge and agree that CTL are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. CUSTOMER acknowledge and agree that CUSTOMER"S use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the Site. CTL do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.

MONITORING OF MATERIALS TRANSMITTED BY CUSTOMER: Changes may be periodically incorporated into this Site. CTL may make improvements and/or changes in the products, services and/or programs described in these Sites and the Materials at any time without notice.
CTL are under no obligation to monitor the material residing on or transmitted to this CTL. However, anyone using this Site agrees that CTL may monitor the Site contents periodically to comply with any necessary laws, regulations or other governmental requests and to operate the Site properly or to protect itself and its users. CTL reserves the right to modify, reject or eliminate any material residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
DELETIONS FROM SERVICE: CTL will delete any materials at the request of the user who submitted the materials or at the request of an advertiser/CUSTOMER who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. CTL reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of CTL, may be, defamatory, infringing or violate of applicable law. CTL reserves the right to exclude Material from the Site. Materials submitted to CTL for publication on the Site may be edited for length, clarity and/or consistency with CTL Editorial Standards.

Payment. CUSTOMER shall be responsible for all charges up to the amount of each Agreement, or as set in an online account, and shall pay all charges in U.S. Dollars. Unless agreed to by the CTL in writing, CUSTOMER shall pay all charges in accordance with the payment terms in the Agreement. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. CUSTOMER is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees that CTL incurs collecting late payment. To the fullest extent permitted by law, CUSTOMER waives all claims relating to charges (including without limitation any claims for charges based on suspected invalid clicks) unless claimed within 60 days after the charge. Charges are solely based on CTL's measurements for the applicable Program, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of CTL. Nothing in these Terms or Agreement may obligate CTL to extend credit to any party. CUSTOMER acknowledges and agrees that any credit card and related billing and payment information that CUSTOMER provides to CTL may be shared by CTL with companies who work on CTL's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to CTL and servicing CUSTOMER'S account. CTL may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. CTL shall not be liable for any use or disclosure of such information by such third parties.

INDEMNIFICATION: CUSTOMER agree to indemnify and hold CTL, CTLFS, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of CUSTOMER"S breach of these Terms, CUSTOMER violation of any law, or CUSTOMER violation of the rights of a third party, including the infringement by CUSTOMER of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

INTELLECTUAL PROPERTY COMPLAINTS: CTL does not make it CTL responsibility to monitor the use of trademarks, copyrights or other rights of third parties. CTL may, however, in appropriate circumstances and at CTL discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if CUSTOMER reasonably believes that any Materials on this Site contains unauthorized reproductions of CUSTOMER copyrighted work or trademarks, or links to sites containing unauthorized reproductions of CUSTOMER copyrighted work or trademarks, and CUSTOMER wants CTL to take any action, then CUSTOMER must provide the following information to CTL:
-A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
-Identification of the copyrighted work claimed to have been infringed;
-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
-Information reasonably sufficient to permit us to contact CUSTOMER, such as an address, telephone number and e-mail address;
-A statement that CUSTOMER have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
-A statement that the information in the notice is accurate, and under penalty of perjury, that CUSTOMER are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MISCELLANEOUS: These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of law's provisions or CUSTOMER"S actual state or country of residence, and CUSTOMER agree to submit to personal jurisdiction in Cook County, Illinois. CUSTOMER are responsible for compliance with applicable laws.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by CUSTOMER and CTL reserves the right to investigate complaints or reported violations of these Terms and to take any action CTL deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, CTL may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. CTL reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Liability. NEITHER CTL NOR ANY DISTRIBUTION SITE NOR ANY OF CTL OTHER VENDORS SHALL HAVE ANY LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE ADVERTISING PRODUCTS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, THE REJECTION OR REMOVAL OF ANY ADVERTISING CONTENT, ANY DELAY IN DISPLAYING OR CTL FAILURE TO DISPLAY CONTENT, OR CTL FAILURE TO PERFORM SERVICES. WITHOUT LIMITING THE PROVISIONS OF SECTION 13, IN NO EVENT SHALL CTL LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT CUSTOMER HAVE ACTUALLY PAID TO US FOR THE ADVERTISING PRODUCTS OR OTHER SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. CUSTOMER acknowledges and agree that the provisions of this Agreement that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement and are fundamental to the parties' understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of this Agreement and shall be enforced regardless of any breach hereof or other occurrence or condition relating in any way to this Agreement or the Advertising Products. Without limiting the generality of the foregoing, CUSTOMER AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE

Exclusive Remedies. If CTL breaches its obligation hereunder to fulfill any Advertising Product or breach any other obligation hereunder, CTL will make commercially reasonable efforts to fulfill such Advertising Product at a later date on the same or substitute site or internet search engine or otherwise reasonably to cure such breach. THE FOREGOING CONSTITUTES CTL'S SOLE OBLIGATION AND CUSTOMERR'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY US OF THIS AGREEMENT (EITHER DIRECTLY OR THROUGH A FAILURE OF PERFORMANCE BY ANY DISTRIBUTION SITE).
Force Majeure. In no event shall CTL, CTLFS, or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within CTL control. CUSTOMER payment obligations shall continue during any event of force majeure.

Indemnification. CUSTOMER agrees to indemnify CTL, CTLFS, and the Distribution Sites and hold CTL, CTLFS, and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may, at any time be incurred by CTL or them arising out of or in connection with this Agreement or any Advertising Products or services CUSTOMER requests, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.

Telephone Conversations. All telephone conversations between CUSTOMER and CTL about CUSTOMER advertising may be recorded and CUSTOMER hereby consent to such monitoring and recordation.

Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Illinois applicable to contracts entered into and performed in Illinois by residents thereof. Any action or proceeding brought by CUSTOMER under or relating to this Agreement shall be brought in a state or federal court located in Cook County, State of Illinois, and CUSTOMER hereby irrevocably submits to the personal jurisdiction of and irrevocably consent to venue in such courts for purposes of any such action or proceeding. Any claim against CTL arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy by any other party.

Entire Agreement. This Agreement constitutes the entire agreement between CUSTOMER and CTL with respect to the subject matter of this Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, CUSTOMER should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. This Agreement may not be modified except by writing signed by CUSTOMER and CTL; provided, however, CTL may change these Terms & Conditions from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to CUSTOMER or, if earlier, posting of such revised terms and conditions on the CTL or CTLFS of sites.