TERMS OF USE

Terms of Use

Welcome to the American Finance website along with our affiliated websites and online services (collectively, our “Websites”) that are owned by American Finance L.L.C. (“American Finance,” “we,” “our,” and “us”). These Terms of Service (“Terms”) apply to and govern our Websites, regardless of how you access or use them, including through mobile devices. These Terms are a legally binding agreement between you (“you” or “your”) and American Finance. You may access the Terms and Privacy Policy any time by visiting the American Finance website and accessing the Terms or Privacy Policy links at the footer of the landing page.

Acceptance

Please read these Terms carefully. By using the Websites, you are accepting the practices described in these Terms and our Privacy Policy, which is incorporated into and is a part of these Terms. You may not use the Websites if you do not agree to these Terms. We reserve the right to modify or amend these Terms without notice. Your continued use of the Websites following the posting of changes to these Terms means you accept such changes.

Our Websites is offered and available to users who are eighteen (18) years of age or older. By using or accessing the Service, you affirm you are at least eighteen (18) years old, are able to enter a binding contract with American Finance, and that you meet all the eligibility requirements herein.

To the extent that these Terms conflict with any retail installment contract, modification to a retail installment contract, or settlement that you have agreed to with American Finance, the retail installment contract, modifications to the contract, or settlement shall control.

Privacy

American Finance is committed to respecting the individual rights and privacy of consumers. Our goal is to maintain your trust when handling your Personal Information, as defined below. This Policy describes how we may collect, use, and share information collected through the Websites, and how it applies to you. American Finance cares about the privacy of your information. Please read our Privacy Policy, which outlines how American Finance collects information about you through the Websites, how information will be shared and secured, and certain rights you have with respect to your information.

Account Creation

If we provide you with a secure means of accessing a portion of the Websites (such as a User ID and Password) you agree that you are responsible for taking security measures and maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials. You agree that you will immediately notify American Finance of any unauthorized use of your log-in credentials or other breach of security known to you.

In consideration of your use of the Websites, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Websites’ registration process; and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If American Finance suspects that such information is untrue, inaccurate, not current or incomplete, American Finance has the right to suspend or terminate your account and refuse any and all use of the Websites.

User Obligations

You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Websites. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these Terms any personally identifiable information which you receive or which is made available from American Finance in connection with these Terms or on the Websites. In addition, you also acknowledge and agree that use of the internet and access to or transmissions or communications with the Websites is solely at your own risk.

You agree not to: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites; (iii) assume the identity of another individual by creating different accounts or other means, or inaccurately claim, portray, or suggest any relationship, partnership, or affiliation with an individual or organization while using the Websites; (iv) gather or obtain personally identifiable information from other users of the Websites; (v) make any effort to engage in any action or facilitate, endorse, aid, or authorize any third party to engage in activities prohibited by these Terms; (vi) decipher, decompile, disassemble, reverse engineer, record, “web crawl”, “scrape” or otherwise attempt to derive any content, source code or underlying ideas or algorithms of any part of the Website (including, without limitation, any application), or interfere with any other party’s use of the Websites, except to the limited extent applicable statutory laws specifically and expressly prohibit such restriction; or (vii) bypass any measures we may use to prevent or restrict access to any portion of the Websites or our computer systems. Any unauthorized use of our computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate termination of your access to the Websites.

Payments

You won’t be charged any service fees to access or view the Websites. The Websites may allow you to make payments owed under retail installment contracts or other agreements with American Finance. These payments are processed through a third-party service provider, and the Websites will direct you to their website to complete the transaction. All payment obligations are non-cancelable, and any fees paid are non-refundable. If you wish to dispute a charge, you must notify American Finance in writing within ten (10) business days of the charge date, including a detailed explanation of the reason for the dispute.

Websites Links

Some of the websites linked within this content are not under our control and are operated solely by third parties. As such, American Finance makes no representations or warranties regarding these external websites, and the inclusion of any link does not constitute an endorsement, authorization, sponsorship, or affiliation by American Finance with respect to the linked site, its content, its operators, or its providers. If you decide to access any other websites linked to or from these Websites, you do so entirely at your own risk. American Finance does not warrant that any third-party website is free from any viruses or other contamination.

Government Matters

You agree not to attempt to log on to the Websites from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Websites from such a country may result in your access being restricted or terminated. Your use of the Websites may be monitored, tracked, and recorded. By using the Websites, you expressly consent to such monitoring, tracking, and recording. Your use of the Websites is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use, or exploit the Websites and the information contained therein for any commercial purpose. You will not engage in activity that would cause us to be in violation of these laws and regulations, and will indemnify American Finance for any fines, penalties or other liabilities incurred by us for your failure to comply with this provision.

Intellectual Property Rights

All content available on the Websites, including but not limited to text, graphics, photographs, images, videos, sound, and illustrations (collectively referred to as "Content"), is the exclusive property of American Finance, its licensors, agents, or Content providers. All elements of the Websites, including but not limited to their overall design, American Finance trademarks, service marks, trade names (such as American Finance’s name and logos), and other Content, are protected by intellectual property laws, including but not limited to trade dress, copyright, trademark, and moral rights. The Websites are intended solely for the purpose for which they are made available. Unless otherwise stated, you are authorized to view, play, print, and download documents, audio, and video from the Websites for personal, informational, and non-commercial purposes only.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or American Finance’s trademarks in any manner, including for advertising or publicity, without the prior written consent of American Finance. The use of American Finance’s trademarks on any other website is strictly prohibited without prior express written authorization. American Finance also prohibits the use of its trademarks as a hyperlink to or from any other website, unless explicitly approved in advance. All rights, including the Websites’ Content and associated intellectual property, shall remain the exclusive property of American Finance or its licensors, unless otherwise expressly agreed in writing. You agree not to remove any copyright, trademark, or other proprietary notices from any materials found on the Websites.

Force Majeure

American Finance shall not be held liable for any damages, delays, or failures in the performance of the Websites or any related services due to events beyond its reasonable control. Such events include, but are not limited to, natural disasters (such as fire, lightning, or floods), power outages or surges, acts of God, war, civil unrest, actions of governmental or military authorities, legal or regulatory changes, labor disruptions (including strikes, picketing, or slowdowns), shortages of materials or transportation, or failures of third-party service providers. These circumstances may disrupt access to or functionality of the Websites, and American Finance disclaims any liability arising therefrom.

Disclaimers

YOUR USE OF THESE WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITES OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY OF THE WEBSITES OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER AMERICAN FINANCE NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AMERICAN FINANCE OR THROUGH AMERICAN FINANCE’S WEBSITES, PRODUCTS, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

AMERICAN FINANCE DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THESE WEBSITES, OR YOU DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITES. IN NO EVENT WILL AMERICAN FINANCE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THESE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THESE WEBSITES, ANY WEBSITESS LINKED TO THESE WEBSITES, OR THE MATERIALS, INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT AMERICAN FINANCE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT OR PRODUCTS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES OR THE CONTENT OR PRODUCTS OR SERVICES. IF AMERICAN FINANCE IS FOUND TO BE LIABLE UNDER THESE TERMS AND CONDITIONS, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, AMERICAN FINANCE’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED DOLLARS ($100.00).

Indemnification

You shall fully protect, indemnify, hold harmless and defend American Finance and each of American Finance’s affiliates, subsidiaries and parents, their respective directors, officers, employees, agents, insurers, attorneys, successors and assigns, for any and all claims, complaints, losses, demands, penalties, interest, costs, damages, expenses, settlements, lawsuits, arbitrations, administrative claims, along with any other proceedings and obligations, including, but not limited to, penalties, court costs, costs of litigation, and attorneys’ fees incurred by or asserted against American Finance, that are related to, resulting from, or in connection with your (i) your use of the Websites or your placement or transmission of any message or information on this Websites by you or your authorized users; (ii) violation of any federal, state or local law, rule, regulation, or ordinance; (iii) your violation of any third-party rights, including, without limitation any right of privacy, publicity rights, or intellectual property rights; (iv) your violation of any term or condition of these Terms, including, without limitation, your breach of any of the representations and warranties; (v) any claim or damages that arise as a result of any information or material that you provide to American Finance; or (vi) any other party’s access and use of the Websites with your unique username, password, or other appropriate security code. Your obligation to defend, indemnify, and hold harmless American Finance will apply regardless of whether the claim arises in tort, contract, negligence, strict liability, or any other theory of liability.

Release

In the event of a dispute between you and another user, or any other third party in connection with the Websites, you hereby release American Finance, along with its officers, directors, agents, affiliates, subsidiaries, joint ventures, and employees, from any and all claims, demands, and damages - both actual and consequential - of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and American Finance with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Termination

If you do not comply with the Terms or Privacy Policy, we may suspend or terminate or restrict your access to the Websites. Additionally, we may refuse to provide the Services for any reason or no reason, at any time. In your own and absolute discretion, you may choose to no longer consent to the Terms. In such event, please stop using the Websites. The following will occur upon termination by you or American Finance: (i) you will cease any further use of the Websites; (ii) all rights granted to you under the Terms and Privacy Policy will automatically terminate; and (iii) Certain data may be retained or deleted in our sole discretion consistent with any applicable laws, rules or regulations.

Any provision that must survive in order to give proper effect to its intent shall survive the expiration or termination of these Terms, including, but not limited to, the Limitation of Liability, Indemnification, Disclaimers, and Intellectual Property Rights sections.

Assistance

If you have any questions or comments about these Terms or the Websites, or have any other feedback, comments, requests for technical support or other communications relating to the Websites, we invite you to contact us by phone at (800) 863-0365, by email at customersupport@americanfinancellc.com, or in writing addressed to American Finance L.L.C., 17507 S Dupont Highway, STE 1, Harrington, DE 19952.

General

i) These Terms are governed by the laws of the State of Delaware, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state courts located in Kent County and federal courts located in New Castle County, Delaware. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.

ii) We may assign, transfer, delegate or sublicense these Terms and any rights and licenses granted hereunder in our sole and absolute discretion. You may not assign, transfer, delegate or sublicense these Terms and the rights and licenses hereunder without our express written consent.

iii) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

iv) No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.