This Acima, Terms and Conditions of Use Agreement (the “Terms of Use”) is between the party clicking “accept” below and/or using Acima’s website (“You”) and Acima Digital, LLC, and its affiliates (“Acima,” “we” or “us”), with a principal place of business at 13907 Minuteman Drive, 5th Floor, Draper Utah 84020. You should carefully read the Terms of Use before using Acima’s website. By using Acima’s website, you agree to be bound by the terms and conditions of use set forth in the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use you should not use Acima’s website and must leave Acima’s website.
1. We agree to provide you access to Acima’s website in accordance with the Terms of Use.
2. You agree to use Acima’s website in a manner consistent with the Terms of Use and all applicable rules and regulations. You acknowledge that you have read the Terms of Use and that you accept the terms thereof. You agree to read these terms of use carefully before using Acima’s website. If you do not agree to the Terms of Use, you may not access or otherwise use Acima’s website.
3. You accept that Acima’s website is provided on an “as is, as available” basis.
4. The materials included in Acima’s website are for general information purposes only and do not constitute legal advice. They are not intended to be a substitute for obtaining legal advice from legal counsel. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON ACIMA’S WEBSITE ARE FOR INFORMATION PURPOSES ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. Acima does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Acima’s website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Acima reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Acima’s website.
5. YOUR ACCESS TO AND USE OF ACIMA’S WEBSITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.
6. WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING ACIMA’S WEBSITE OR DURING A PHONE CONSULTATION. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH DATA BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED STATES IN ACCORDANCE WITH OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. Information on how and what type of data (if any) is held about you can be obtained by clicking here; which will take you to our privacy policy or by contacting us.
7. Acima’s website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You are authorized to download one copy of the material displayed or performed on Acima’s website (“Content”) on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. All materials contained on Acima’s website are protected by copyright, and are owned or controlled by Acima or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on Acima’s website. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Acima or the copyright holder identified in the individual Content’s copyright notice.
8. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on Acima’s website in any way unless you obtain the prior written consent of Acima. No intellectual property or other rights shall be transferred to you through your use of Acima’s website. We are not able to confirm that the materials contained on these web pages are correct in every case. Acima reserves the right to make changes to Acima’s website, including the availability of any feature, database, Content, Web page materials, product information and prices on Acima’s website at any time without notice or liability. Acima may also impose limits on certain features and services or restrict your access to parts or all of Acima’s website without notice or liability.
9. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, distribute, or otherwise publish through Acima’s website any materials which (i) restrict or inhibit any other user from using and enjoying Acima’s website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
10. You acknowledge that transmissions to and from Acima’s website are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose, including but not limited to, repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting communications to Acima, no confidential, fiduciary, contractually implied, or other relationship is created between you and Acima other than pursuant to these Terms of Use and any subsequent written agreement entered into with Acima.
11. Acima will send text messages to you for non-telemarketing purposes regarding account information, such as non-marketing details or servicing information. We may also send marketing text messages to you. You can cancel either non-marketing or marketing messages at any time by texting "STOP" in response to a text message you receive from us. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed from receiving either non-marketing or marketing messages, depending on the type of message you replied. If you wish to cancel both non-marketing and marketing messages, simply reply “STOP” to both a non-marketing and marketing message. If you want to join again, just sign up as you did the first time, and we will start sending messages to you again. If at any time you forget what keywords are supported, just text "HELP" in response to any message you receive from us. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Message frequency will vary by account. As always, Message and Data Rates May Apply for any messages sent to you from us and to us from you. The following carriers are supported: Verizon Wireless, AT&T, Sprint, T-Mobile®, Boost, Virgin Mobile USA and Metro PCS. T-Mobile® is not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by Acima you can call us at 801-297-1982.
12. ACIMA’S WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH ACIMA’S WEBSITE, IS PROVIDED “AS IS, AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Acima AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON ACIMA’S WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH ACIMA’S WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH ACIMA’S WEBSITE OR ANY LINKED SITE. FURTHER, ACIMA AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACIMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ACIMA’S WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ACIMA’S WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACIMA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF ACIMA’S WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL ACIMA BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS ACIMA’S WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
13. You hereby agree to indemnify, defend and hold Acima, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Acima reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Acima.
14. Where we provide hypertext links from or to third party sites, we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
15. These Terms of Use contain the entire understanding between us with respect of Acima’s website and no representation, statement, inducement oral or written, not contained herein shall bind either of us. Acima reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Notification of changes in these Terms of Use will be posted on Acima’s website.
16. The terms and conditions of use in this Terms of Use are subject to change at any time. You should review the Terms of Use regularly for any changes.
17. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
18. Acima’s website, any information provided from it and the Terms of Use are given and made in the state of Utah, United States of America. THIS TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SALT LAKE COUNTY IN THE STATE OF UTAH.
