THESE TERMS INCLUDE LIMITATIONS ON CCFL’S LIABILITY AND YOUR AVAILABLE REMEDIES IF WE EVER HAVE A LEGAL DISPUTE. THIS INCLUDES A CLASS ACTION WAIVER AND AN ARBITRATION CLAUSE, WHICH MEANS WE AGREE TO HAVE DISPUTES RESOLVED ON AN INDIVIDUAL BASIS BY A NEUTRAL ARBITRATOR RATHER THAN BY A JUDGE OR JURY IN COURT. PLEASE SEE THE ARBITRATION/CLASS ACTION WAIVER SECTION (No. 10) BELOW FOR MORE INFORMATION.

SCOPE AND APPLICABILITY

The Conference on Consumer Finance Law (“CCFL”) makes its website (www.ccflonline.org) (“Site”) available only for educational and informational purposes.  Please review the following Terms of Service (“Terms”) concerning your use of the Site.  The Site is not a solicitation for business.  The Site does not offer general or specific legal advice.  CCFL makes no claims, promises, or guarantees about the choices, accuracy, completeness, timeliness, relevance, or adequacy of the information contained in its Site.  By accessing the Site, and accessing, using, or downloading any materials from the Site, you agree to follow and be bound by these Terms and Privacy Policy.

CCFL reserves the right to update or modify these Terms at any time and without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use the Site. Each instance of access to or use of the Site will serve as acceptance of the updated Terms.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES OF CCFL.

OUR SERVICE

CCFL provides education on consumer finance law (“Service”).  Our Service is provided through our Site, conferences, webinars, and publications.

COMMUNICATION

You acknowledge and agree that CCFL may communicate with you in a variety of different ways including but not limited to email, mail, telephone, voicemail, and social media.  Some communications occur through multiple channels. Such communications are only intended for you. By using our Service and/or Site, you acknowledge and agree to the following communications-related practices:

By engaging with our Site and/or obtaining our Service, you agree that we may contact you by any of the foregoing methods.  We are permitted to use any address, telephone number, or email address that you or any of your principals or agents provide to us. You, your principals, and your agents agree to provide accurate and current contact information and only give us phone numbers and email addresses that belong to you.

Recording & Monitoring of Communications:  Your communications with us via our Service and/or our Site, email, and telephone are or may be recorded and/or monitored by us and our vendors. By using such communication methods, you are consenting to the recording and/or monitoring of the same.

YOUR REPRESENTATIONS, OBLIGATIONS, AND CONSENT

Registration: When you create an online account on the Site, you acknowledge that you are over the age of 18, and that the information you provide to us is accurate, complete, and current at all times. You agree to provide us with a license (to the extent legally necessary) to utilize your data and information in order to provide our Service(s) and on our Site.

Please review our Privacy Policy.  By accessing or using the Site, you agree to our Privacy Policy, and you understand that when using the Site and/or Service, you will be asked to provide certain personal information, such as your email address, legal name, country of residence, zip code, employment information, your physical address, and telephone number(s). You agree to be liable to us for any inaccurate information, and if your information changes, you agree to update it with us as soon as practical.

Confidentiality and Security: You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether you authorized it or not. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or password. CCFL reserves the right to immediately suspend your use of our Site in the event of actual or suspected unauthorized use of your account. You agree and acknowledge that you have the sole responsibility and liability for providing or obtaining, securing (by using appropriate virus-detecting software) and for maintaining, any electronic device you use to access the Site or Service, such as a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or smartphone (an “Access Device”), electrical power, telephone and or internet services, etc.

YOU AGREE THAT YOU WILL NOT:

  • misuse the Site or the Service;
  • attempt to hack, disable, upload or infect our Site with viruses or other harmful code;
  • provide or upload intentionally inaccurate, incomplete, fraudulent; deceptive materials, or materials that you do not own, license, or have the right to use;
  • reverse engineer, disassemble, decompile, modify or otherwise attempt to derive source code, architecture, structure, or other elements of our Site; or
  • upload lewd or obscene materials; engage in conduct that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, or obscene.

CCFL RESERVES THE RIGHT TO REFUSE SERVICE THROUGH ITS SITE, TERMINATE ONLINE ACCOUNTS, OR REMOVE OR EDIT CONTENT, IN OUR SOLE DISCRETION. CCFL WILL HAVE THE RIGHT TO TERMINATE YOUR USE OF OUR SERVICE AND/OR IMMEDIATELY IF YOU BREACH ANY OF THESE TERMS.

INTELLECTUAL PROPERTY

CCFL, the CCFL logo, and the Site are all property of CCFL. Other trademarks, organization names and/or logos used on the Site are the property of their respective owners. All images, graphics, text and other content used in connection with the Site are protected by trademark, copyright and other proprietary laws and treaty provisions. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of the Site without our express written authorization.

DISCLAIMER BY CCFL

THE SERVICE AND SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CCFL DOES NOT WARRANT THAT THE SERVICE OR SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE AND/OR SITE. THE SERVICE AND SITE ARE PROVIDED “AS IS” AND CCFL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Further, the Site may contain links to websites controlled or offered by third parties. CCFL hereby disclaims any and all liability for any other company’s website content, products, privacy policies, or security. Any representations, advice, opinions, services, products, or recommendations provided by the linked site providers are those of the providers and not of CCFL.

CCFL’S LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CCFL AND THIRD PARTY BENEFICIARIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR ARE RELATED TO THE USE OF THE SITE OR THE ACCESS OF INFORMATION PROVIDED HEREIN, OR THE USE OR ACCESS OF, OR THE INABILITY TO USE OR ACCESS, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE, THE SERVICE, OR ANY LINKED INTERNET SITE, EVEN IF CCFL AND/OR THIRD PARTY BENEFICIARIES IS/ARE EXPRESSLY ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE). TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION, OR PORTIONS OF IT, MAY NOT APPLY TO YOU.

INDEMNIFICATION BY YOU

YOU AGREE, TO THE EXTENT PERMISSIBLE BY LAW, TO BE LIABLE TO CCFL FOR AND INDEMNIFY CCFL AGAINST THIRD PARTIES IF YOU BREACH ANY OF THESE TERMS.

ARBITRATION/CLASS ACTION WAIVER

The following arbitration provisions significantly affect your rights in any dispute with the CCFL (“we,” or “us”). Please read the following disclosures and the arbitration provision that follows carefully before you use the Site.

  1. If either you or we choose, any dispute between you and us will be decided by arbitration and not in court.
  2. If such dispute is arbitrated, you and we will give up the right to a trial by a court or a jury trial.
  3. You agree to give up any right you may have to bring a class action lawsuit or class arbitration, or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.
  4. The information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit.
  5. Other rights that you and/or we would have in court may not be available in arbitration.

Any claim or dispute, whether in contract, tort, statute, or otherwise (including any dispute over the interpretation, scope, or validity of this provision, arbitration/class action waiver section or the arbitrability of any issue), between you and CCFL, or any of its employees, officers, Executive Director(s), members, webhosts, web designers, administrators, successors, or assigns (each a “Third Party Beneficiary”), which arises out of or relates to the Site, the data provided to us, the data held by us, alleged improper data exfiltration or sharing, your account created on the Site, or any resulting transaction or relationship arising out of your access to the Site, at the election of either you, us, or a Third Party Beneficiary, be resolved by a neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. The arbitration shall be administered by the American Arbitration Association under either Consumer Arbitration Rules or Commercial Arbitration Rules (as applicable depending on the claimant and claim(s)), or by any other organization that you may choose, subject to our or a Third Party Beneficiary’s approval. You may get a copy of the rules of the American Arbitration Association by visiting its website at www.adr.org.

The arbitrator shall be an attorney or retired judge and shall be selected in accordance with the applicable rules. The arbitrator shall apply applicable law in deciding the claim or dispute. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the applicable rules, and we will pay any additional initial filing fee or case management fee as set forth in the applicable rules. If the Consumer Arbitration Rules are applicable, we will pay the whole filing fee or case management fee if we demand arbitration first. If the Consumer Arbitration Rules are applicable, we will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. Nothing in this paragraph shall prevent you from requesting that the applicable arbitration entity reduce or waive your fees, or that we or a Third Party Beneficiary voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim.

Your access to the Site, use of the Site, and providing of data to the CCFL in connection with same, evidences a transaction involving interstate commerce. Any arbitration under this agreement shall be governed by the Federal Arbitration Act (9 USC § 1, et seq.) and not by any state law that addresses arbitration and arbitrability. Judgment upon the award rendered may be entered in any court having jurisdiction.

If any clause within this arbitration/class waiver section, other than Number 3 or any similar provision dealing with class action, class arbitration or consolidation, is found to be illegal or unenforceable, that clause will be severed from this arbitration/class waiver section, and the remainder of this arbitration/class waiver section will be given full force and effect. If any part of Number 3 or any similar provision dealing with class action, class arbitration or consolidation is found to be illegal or unenforceable, then this entire arbitration/class waiver section will be severed and the remaining provisions shall be given full force and effect as if the arbitration/class waiver section of this agreement had not been included in the Terms of Service. In no event shall an arbitrator be authorized to resolve a claim or dispute or make awards or grant relief exceeding the limitations in No 3 or any similar provision on class actions, class arbitrations, or consolidation.