At American 1st Funds LLC, trading as American1st Funds (“American1st Funds” or “Company”), we take pride in offering our clients the lending solution assistance they require. By accessing and using our website (referred to as the "Site"), you automatically agree to comply with the terms and conditions outlined herein. We kindly ask you to review these terms carefully. If you do not agree with any part of these terms, please refrain from using our website. However, for those who choose to utilize our site, we trust you will find it to be a valuable resource. Please note that we reserve the right to make any necessary modifications to our website at any time. Your continued use of our site following any such changes indicates your acceptance thereof. Our team of lending solution professionals is committed to providing you with assistance and guidance throughout your journey.
CHANGES TO THESE TERMS OF USE
Periodically, we may need to update the Terms of Use. In such instances, we will publish the revised Terms of Use on the Site, clearly indicating the date of the last revision at the top of the page. By continuing to use the Service or the Site following any modifications, you acknowledge and agree to accept the updated Terms of Use.
CALL RECORDING
By using our services, you consent to being contacted on a recorded line by American1st Funds, its agents, representatives, affiliates, or any authorized party acting on our behalf.
Terms Applicable to All Users: Eligibility, License, and Representation
ELIGIBILITY: GENERAL
This Site is exclusively intended for users who, if they are natural persons, are eighteen (18) years of age or older. Any registration, use of, or access to the Site by any natural person under 18 is unauthorized, unlicensed, and violates these Terms of Use. By utilizing the Service or the Site, you confirm and warrant that, if you are a natural person, you are 18 or older and that you agree to and will comply with all the terms and conditions outlined in the Terms of Use. If you breach any of these Terms of Use or violate any agreement between you and us, the Company reserves the right to prohibit you from using or accessing our Service or our Site (or any part, aspect, or feature of the Service or the Site) at its sole discretion, with or without notice, including, but not limited to, if it suspects that you are under 18.
HOUSEHOLD LIMITATION
At any given time, only one active loan per borrower may be outstanding.
INACTIVE APPLICATIONS
Loan applications are canceled after 14 days of inactivity.
USER REPRESENTATION
You warrant and affirm that any materials you submit, post, or share on the American1st Funds Site will not infringe upon the rights of third parties, including copyright, trademark, privacy, or publicity rights. You also agree not to include any libelous, defamatory, or unlawful content. Additionally, you will refrain from gathering email addresses or contact information from the Service or Site for unsolicited communications. Automated scripts for information collection are prohibited. Furthermore, you will not engage in any unlawful activities or actions that could harm or disrupt the Site.
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Unless specifically authorized by the Company, you are prohibited from registering for more than one User account, registering for a User account on behalf of anyone other than yourself, operating a User account for the benefit of someone who isn't eligible to register on their own, or registering for a User account on behalf of a group or entity, except for approved investment accounts for legal entities or accounts for participation in our Small Business lending program.
You must not pretend to be any individual or organization, nor should you provide false information or misrepresent your identity, age, or affiliation, including your authority to represent any person or entity.
You are prohibited from uploading, posting, transmitting, sharing, or making available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Do not solicit personal information from any individual under the age of 18, nor solicit passwords or any personally identifying information from any user for commercial or unlawful purposes.;
Do not upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
intimidate or harass another User
Do not upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law. Additionally, do not use or attempt to use another person's account, service, or system without authorization from that person and the Company, or create a false identity on the Service or the Site. Furthermore, do not upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.
RESTRICTIONS ON USE OF OUR ONLINE MATERIALS
All Online Materials on the American1st Funds Site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by American1st Funds. Visitors to the site may download Online Materials for non-commercial, personal use only provided they:
Retain all copyright, trademark, and proprietary notices.
Make no modifications to the materials.
Do not use the materials in a manner that suggests an association with any of American1st Funds' products, services, events, or brands.
Do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.
Visitors may not copy, reproduce, republish, upload, post, transmit, or distribute Online Materials in any way or for any other purpose unless they obtain written permission from American1st Funds. Additionally, visitors may not add, delete, distort, or misrepresent any content on the American1st Funds site. Any attempts to modify any Online Material or to defeat or circumvent the site's security features are prohibited.
All materials downloaded from American1st Funds, including software, files, images, and accompanying data, are licensed to users for personal, non-commercial home use only. American1st Funds or third-party licensors retain full title and all associated intellectual property rights to the software. Users are prohibited from redistributing or selling the material or from reverse-engineering, disassembling, or converting it to any other form for public use.
ALL USERS: CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES
As our Company primarily conducts business online, we require your consent to transact electronically. By agreeing to our Terms of Use, you acknowledge your agreement to receive all documents, communications, notices, contracts, and agreements electronically via our Site or the email address you provide. This includes disclosures related to your use of the Site and Service, such as loan requests or registrations, as well as any loans you may apply for or receive. Whether we act as a loan broker or otherwise, you agree to receive these disclosures electronically. The decision to engage in electronic transactions with us is entirely yours, and this document serves to inform you of your rights regarding these disclosures.
ELECTRONIC COMMUNICATIONS
All disclosures will be electronically provided to you through our Site or via email to the verified email address you provided. Should you need paper copies of these disclosures, you can request them by writing to us at the mailing address provided below. A paper copy will be sent to you at a cost of up to $5.00. Please note that requesting a paper copy does not withdraw your consent to receive disclosures electronically. We reserve the right to discontinue electronic provision of disclosures in accordance with applicable federal and state record retention laws.
SCOPE OF CONSENT
Your consent to receive disclosures and transact business electronically, as well as our agreement to do so, applies to any transactions related to such disclosures, regardless of whether they involve you and the Company. This consent remains valid for as long as you are a user, and even if you cease to be a user, it remains in effect until all disclosures relevant to transactions during your user tenure have been provided.
CONSENTING TO DO BUSINESS ELECTRONICALLY
Before opting to conduct electronic business with the Company, it's essential to assess whether you possess the necessary hardware and software capabilities outlined below.
HARDWARE AND SOFTWARE REQUIREMENTS
To access and retain Disclosures electronically, ensure your computer meets these requirements:
Internet access
Email account and software capable of receiving Internet emails
Supported web browsing software: Chrome (version 32.0 or higher), Firefox (version 26 or higher), Internet Explorer (version 8.0 or higher), or Safari (version 7.0 or higher)
Hardware compatible with the aforementioned software
TCPA CONSENT
I hereby give explicit consent to receive calls and messages, including auto-dialed and pre-recorded message calls, as well as SMS messages (including text messages) from American1st Funds, our affiliates, agents, and other parties calling at their request or on their behalf, using any telephone numbers I have provided or may provide in the future, including cellular or mobile telephone numbers. I understand that my cellular or mobile telephone provider may charge me according to the type of plan I carry.
ADDITIONAL REQUIREMENTS FOR MOBILE TECHNOLOGY
If you're using our site and accessing the Disclosures electronically through a mobile device like a smartphone or tablet, you need to ensure that your device has software allowing you to print and save the Disclosures presented during the application process, in addition to meeting the previously mentioned requirements. You can find these applications for most mobile devices in the device's respective app store. If your mobile device lacks these capabilities, please access our site using a device that does.
WITHDRAWING CONSENT
You have the option to withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, please note that withdrawing your consent will prevent you from submitting loan requests on our Site. If you have a pending loan request on our Site, we will terminate it and remove it from our system upon withdrawal of consent. For those who have already received a loan, all previously agreed-upon terms and conditions will remain in effect. In such cases, we will send Disclosures to your verified home address provided during registration.
CONTACT INFORMATION FOR ELECTRONIC DISCLOSURES:
American1st Funds LLC lease ensure that you keep us informed of any changes to your email or home mailing address to ensure timely receipt of all Disclosures. If your registered email address changes, it is your responsibility to notify us promptly. Additionally, you agree to update your registered residence address and telephone number on the Site in case of any changes.
It is advisable to print a copy of this Agreement for your records. By agreeing to this, you acknowledge that you can access, receive, and retain all Disclosures electronically, whether sent via email or posted on the site.
LIMITATION OF LIABILITY
American1st Funds, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES ARISING FROM YOUR USE OF ITS SITE. THESE MAY INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURIES CAUSED BY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE LINKED FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM AS EXPECTED
ERRORS OR OMISSIONS ON OUR SITE
INTERRUPTION OF SITE AVAILABILITYDEFECTS ON OUR SITE
DELAYS IN SITE OPERATION OR TRANSMISSION
COMPUTER VIRUSES OR LINE FAILURE
SPLEASE NOTE THAT WE ARE NOT LIABLE FOR:
DAMAGES DIRECTLY INTENDED TO COMPENSATE SOMEONE FOR LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM LOSS OR INJURY (CONSEQUENTIAL DAMAGES)
OTHER INCIDENTAL DAMAGES AND EXPENSES RESULTING DIRECTLY FROM LOSS OR INJURY
WE ARE NOT LIABLE EVEN IN CASES OF NEGLIGENCE OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPTION
SOME STATE LAWS MAY NOT PERMIT US TO LIMIT OR EXCLUDE LIABILITY FOR SUCH "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU RESIDE IN ONE OF THOSE STATES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRIVACY
Please review the Privacy Policy of the Site. By utilizing the Site or the Service, you are consenting to the transfer and processing of your personal data in the United States.
TERMINATION OF THIS AGREEMENT
This agreement remains effective until terminated by either party. You have the option to terminate this agreement at any time by disposing of all materials obtained from the American1st Funds site, including related documentation, copies, and installations. American1st Funds reserves the right to terminate this agreement at any time and without prior notice if, in its sole discretion, you violate any term or condition outlined in this agreement. Upon termination, you are required to dispose of all materials. Additionally, while we provide materials on our website, we do not guarantee their continued availability to you. American 1st Funds retains the right to terminate all or any part of its website without notice.
LINKS TO OTHER SITES
We occasionally offer referrals to and links to other websites on the World Wide Web from our site. However, such links should not be interpreted as an endorsement, approval, or agreement with any information or resources provided on these external sites. If uncertain, always verify the Uniform Resource Locator (URL) address displayed in your internet browser to confirm whether you are still on an American1st Funds-operated site or have navigated to a different site. American1st Funds cannot be held responsible for the content or practices of third-party sites that may be linked to our site. When we provide links or references to other websites, it should not be assumed that American1st Funds is affiliated with, operates, or controls these websites. Additionally, any approved link must not suggest, explicitly or implicitly, that you have received endorsement, sponsorship, or support from any American1st Funds site, including its employees, agents, or directors.
JURISDICTION AND OTHER POINTS TO CONSIDER
If you access our site from locations outside of the United States, it is your responsibility to comply with any relevant local laws. These Terms of Use are governed by, interpreted, and enforced in accordance with the laws of the State of California, applied to agreements made and performed entirely within this jurisdiction. If you have violated or threatened to violate American1st Funds and/or its affiliates' intellectual property rights in any way, American1st Funds and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court located in the State of California. By using our site, you consent to the exclusive jurisdiction and venue of such courts.
INDEMNITY
You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, directors, officers, agents, contractors, partners, and employees from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these
THE RESOLUTION OF OTHER DISPUTES
If mediation fails to resolve the dispute, we agree to submit it to binding arbitration in Orange County, CA, under the rules of the American Arbitration Association. The arbitration award may be entered in any court with jurisdiction. American1st Funds reserves the right to modify these Terms of Use at any time by updating this posting without notice. This constitutes the entire agreement regarding all discussed matters.
In the event that mediation fails to yield a mutually satisfactory solution, we consent to binding arbitration in Orange County, CA, governed by the rules of the American Arbitration Association. Any arbitration award may be enforced in any court with jurisdiction. American1st Funds reserves the right to modify these Terms of Use and the agreement they establish by updating this posting without prior notice. This constitutes the comprehensive agreement concerning all discussed matters.
OTHER
The Company's failure to enforce any right or provision of these Terms of Use does not waive such right or provision. If any provision is deemed invalid, the remainder of the Terms of Use remains in full force. If any provision is deemed unlawful, void, or unenforceable, it will be severed from the Terms of Use without affecting the validity of the remaining provisions.
