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TERMS OF WEBSITE USE

Welcome to 5 Star Loans* Inc. Please review the following Terms of Website Use (“Terms”), which govern your use of this website (the “Site”).  Please also review our Privacy Policy, which outlines our information collection, use, and disclosure practices.  [http://5starloans.com/privacy-policy/]

PLEASE READ THESE TERMS CAREFULLY, YOU RECOGNIZE THAT 5 Star Loans* Inc HAS PROVIDED VALUABLE CONSIDERATION BY OFFERING THIS SITE FREE OF CHARGE AND IN EXCHANGE FOR THAT CONSIDERATION YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT’), YOU MAY NOT ACCESS OR USE THIS SITE.

Modification

5 Star Loans* Inc may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. From time to time, we also may change, move or delete portions of, or may add to or discontinue, temporarily or permanently, our Site and/or any of these Terms, with or without notice. We reserve the right to make changes to our Site and/or any of these Terms at any time. 5 Star Loans* Inc will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Site and/or any of these Terms.

Copyrights

All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, audio clips, logos, button icons, software, written materials and other materials (collectively, the “Content”) are copyrighted works of 5 Star Loans* Inc or its content suppliers, and are protected by U.S. copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of 5 Star Loans* Inc, and is protected by U.S. copyright laws. All software used on this Site (the “Software”) is the property of 5 Star Loans Inc or its software suppliers and is protected by U.S. copyright laws. You may use the Content and Software solely for informational purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content and/or Software is strictly prohibited. The Content and the Site as a whole are intended solely for personal use by the users of our Site. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any Content, other downloaded materials or Software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Site, any Content, and/or any Software.

Trademarks

5 Star Loans Inc, and certain other marks and logos displayed on this Site are registered and common law trademarks of 5 Star Loans* Inc (the “Trademarks”). The Trademarks may not be used in any manner in connection with any product or service without the prior express written consent of 5 Star Loans* Inc. All other trademarks that appear on this site are the property of their respective owners, who are not affiliated with or sponsored by, us or our affiliates.

Disclaimer of Warranties

THIS SITE IS PROVIDED BY 5 Star Loans* Inc “AS IS.” 5 Star Loans* Inc MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 5 Star Loans* Inc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT 5 Star Loans* Inc DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM 5 Star Loans* Inc ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

5 Star Loans* Inc WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law and Jurisdiction

This Site is created and controlled by 5 Star Loans* Inc in the State of California, USA and these Terms shall, for all purposes, be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, as well as to all sales of products, services, and other transactions conducted through this Site, and to any disputes relating thereto without regard to any principles of conflicts of law.

Indemnification

You agree to defend, indemnify and hold 5 Star Loans* Inc harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your violation of any of these Terms.

Dispute Resolution

Agreement on Dispute Resolution: In consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you and 5 Star Loans* Inc agree that any controversy, claim, or dispute arising out of, relating to, or in regard to the use of this Site, or a breach of any of the Terms (individually and collectively referred to herein as a “Dispute”), shall be resolved solely and exclusively in accordance with the terms of this Dispute Resolution Agreement. You should review this Dispute Resolution Agreement carefully.

No Lawsuits Except for Small Claims Court Action and No Class Actions: In the event of a Dispute, except for the limited proceedings identified in and permitted by this Dispute Resolution Agreement, you agree that you will not file or participate in any lawsuit or other proceeding brought against 5 Star Loans* Inc, whether on an individual basis or as a class action, including any class arbitration or other proceeding brought in a purported representative capacity on behalf of the general public or other persons similarly situated.

Informal Dispute Resolution Requirements: You and 5 Star Loans* Inc agree to attempt to informally resolve any Dispute in accordance with these Informal Dispute Resolution Requirements. Before you commence an arbitration proceeding (“Arbitration”) against 5 Star Loans* Inc or exercise your Small Claims Court option as described herein, you agree to try to resolve the Dispute informally by contacting us by email at service@montanacapital.com. We will then communicate with you by telephone or email to try to resolve the Dispute. If the Dispute has not been resolved to your satisfaction within 30 days of the date you first contact us (“the Dispute Resolution Period”), at the expiration of Dispute Resolution Period, you may exercise your Small Claims Court option for a period of 30 days thereafter or commence Arbitration as set forth below. If the dispute has not been resolved to 5 Star Loans* Inc satisfaction by the end of the Dispute Resolution Period and you do not exercise your Small Claims Court option within 30 days thereafter, 5 Star Loans* Inc may commence arbitration.

Your Right to File an Action in Small Claims Court in California: For all Disputes that fall within the dollar limits of Small Claims Court in in the California county in which you reside, you and 5 Star Loans* Inc agree you have the right to resolve that Dispute by filing an action against us in Small Claims Court in that county within 30 days of the expiration of the Dispute Resolution Period and pursuing that action to judgment in lieu of participating in Arbitration as described below.

Arbitration Requirements and Waiver of Right to Court Action and Jury Trial: If you and 5 Star Loans* Inc are unable to resolve the Dispute through the Informal Dispute Resolution Requirements set forth above and the time set forth above for you to file an action in Small Claims Court has expired, the Dispute shall be shall be resolved solely and exclusively through individual (non-class) binding arbitration before one arbitrator. The arbitration shall be commenced and conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules including Supplementary Procedures for Consumer-Related Disputes (“AAA Arbitration Rules”) except in any instance in which the AAA Arbitration Rules conflict with this Dispute Resolution Agreement, in which case this Dispute Resolution Agreement shall control. You and we further agree that either of us may commence Arbitration, the arbitrator shall be appointed as provided in the AAA Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and 5 Star Loans* Inc waive any rights to use any other available procedures, including a court action, to resolve any Dispute, and waive any right to a jury trial for any Dispute.

Discovery; Arbitration Location; Arbitration Fees; Authority of Arbitrator: Consistent with the expedited nature of arbitration, each party will, within forty-five (45) days of the written request of the other party, provide the other party with copies of documents on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. The place of the arbitration shall be in Los Angeles County, CA, unless the parties agree otherwise in writing. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether a Dispute is subject to arbitration. The arbitrator has the authority to decide all issues of arbitrability, including where a party raises a defense to arbitration. The arbitrator may determine how the costs and expenses of the arbitration shall be allocated between the parties, but attorney’s fees shall not be awarded or considered a cost or expense of the arbitration. The arbitrator shall have no right or authority to award attorney’s fees or any exemplary or punitive damages.

Applicability of Federal Arbitration Act: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and you and 5 Star Loans* Inc agree that the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16 shall apply to its construction, interpretation, enforceability and enforcement.

License

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting and selling 5 Star Loans* Inc products and services available in the United States. 5 Star Loans* Inc grants you a limited, royalty-free license (the “License”) to access and make personal use of this Site pursuant to the Terms stated herein. This License does not include any:

  • resale or commercial use of this Site or its Contents;
  • collection and use of any product or service listings, descriptions, or prices;
  • derivative use of this Site or its Contents;
  • downloading or copying of account information for the benefit of another merchant; or
  • use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of 5 Star Loans* Inc without its prior express written consent. You may not use any metatags or any other hidden text utilizing the 5 Star Loans* Inc name or trademarks without its prior express written consent.  Any unauthorized use terminates the License granted by 5 Star Loans* Inc. You are granted a limited, revocable, and nonexclusive License to create a hyperlink to the home page of 5 Star Loans* Inc so long as the link does not portray 5 Star Loans* Inc or its product or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any 5 Star Loans* Inc logo or other proprietary graphic or trademark as part of the link without its prior express written consent. You may not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

Site Access

5 Star Loans* Inc may assign you a customer extranet username and password to enable you to access and use certain portions of this Site and customer-specific deliverables. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms of this Agreement, and 5 Star Loans* Inc has no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify 5 Star Loans* Inc of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

Notices or Communications

Notices or communications required or permitted by this Agreement shall be deemed given upon receipt of the emailed version thereof. Notices or communications to 5 Star Loans* Inc shall be emailed to service@montanacapital.com. Notices or communications to you shall be emailed to the email address you provide to us.

Termination

This Agreement is effective unless and until terminated by 5 Star Loans* Inc. 5 Star Loans* Inc may terminate this Agreement at any time and may do so immediately without notice, and may deny you access to the Site if, in its sole discretion, you fail to comply with any Term of this Agreement. Upon any termination of this Agreement by 5 Star Loans* Inc, you must promptly destroy and cease all use of all copies of all Content and other materials downloaded or otherwise obtained from this Site.

 

*EFFECTIVE 8/22/16 , MONTANA CAPITAL WILL BE FUNDING NEW LOANS FOR QUALIFYING APPLICANTS WHO ARE SEEKING LOANS FROM 5 STAR LOANS, 5 STAR LOANS WILL NO LONGER OFFER NEW LOANS OR REFINANCE EXISTING LOANS, AND ALL CALLS TO (888) 309-0994 WILL BE TRANSFERRED TO MONTANA CAPITAL FOR RESPONSE.