If you believe that any material on the Website infringes upon any copyright that you own or control, you may send a written notification to us via email at support@inclined.com, or via regular mail at Inclined Technologies, Inc., 9450 SW Gemini Dr, PMB 59913, Beaverton, Oregon 97008-7105. In your notification, please:

• Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;

• Identify the copyrighted work or works that you claim have been infringed;

• Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);

• Provide your contact details, including an email address; and

• Provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

Choice of Law

Except with respect to the Arbitration section below, which is governed exclusively by federal law, these Terms of Use shall be governed by the laws of the State of California without regard to any conflict of laws provision.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Waiver

Inclined's failure or delay in exercising any right, power, or remedy under these Terms of Use shall not operate as a waiver of any such right, power, or remedy.

Contacting Us

If you have questions, comments, or complaints regarding these Terms of Use, the Website, or Services, you may email us at support@inclined.com.

State Disclosures and Terms

NORTH DAKOTA RESIDENTS: You agree that Inclined Technologies Inc. (Inclined) has provided services, including the provision of the application website and answering your questions about the application process, and is not charging you for the performance of these services. Inclined’s application-related services for a specific application will end each time that application process is complete.

NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER'S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.

VERMONT RESIDENTS: THIS IS A LOAN SOLICITATION ONLY. INCLINED TECHNOLOGIES INC. IS NOT THE LENDER. INFORMATION RECEIVED WILL BE SHARED WITH ONE OR MORE THIRD PARTIES IN CONNECTION WITH YOUR LOAN INQUIRY. THE LENDER MAY NOT BE SUBJECT TO ALL VERMONT LENDING LAWS. THE LENDER MAY BE SUBJECT TO FEDERAL LENDING LAWS.

Arbitration And Dispute Resolution

IT IS IMPORTANT THAT YOU READ THIS ARBITRATION AND DISPUTE RESOLUTION PROVISION CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT. YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY AND TO SEEK PUNITIVE DAMAGES. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS.

Any Claim by either you or us against the other will, at the election of either you or us, be resolved by binding arbitration. “Claims” subject to this arbitration provision shall include any claim involving you and us (collectively, the Parties”) relating to or arising out of your access to and use of the Website, any claim relating to or arising out of these Terms of Use and any claim relating to or arising from any third-party websites linked to the Website or third-party information contained on the Website. “Claims” subject to this arbitration provision shall also include disputes regarding the applicability of this provision or the interpretation, scope or validity of the Terms of Use or this arbitration provision including questions of arbitrability of any issue, except that the parties’ waiver of any right to bring a class action or to participate in a class action shall be solely determined by the appropriate court, if necessary. As used in this arbitration provision, the term “Claim” is to be given the broadest possible meaning, and includes past, present, and/or future Claims. This arbitration provision governs all Claims, whether such claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any other legal theory; and whether such Claim seeks as remedies money damages, penalties, injunctions or declaratory, or equitable relief. Claims subject to arbitration also include Claims that are made as counterclaims, cross-claims, third party claims, interpleaders, or otherwise. Notwithstanding this arbitration provision, if you have a Claim that is within the jurisdiction of the small claims court and where the amount in controversy is no greater than $10,000 including any claims for attorneys’ fees and non-monetary relief, you may file your Claim there. Any small claim may only be brought on an individual basis and no small claim may be brought on a class or representative basis. Any appeal from a decision of a small claims court shall be subject to this arbitration provision.

The Parties agree to give up any right they may have to bring a class action lawsuit or class arbitration or to participate in a class proceeding as a member of a class. If a party files a lawsuit asserting a Claim or elects to arbitrate a Claim, the proceeding will be conducted as an individual action only. This means that even if a demand for class arbitration, a class action lawsuit or other representative action, including a private attorney general action, is filed; any Claim shall be asserted only in an individual capacity without the ability to act as a class representative, join other claimants or assert any Claim as a member of a class. The parties agree to give up their respective rights to a trial by jury. The parties also agree to waive any right to seek or recover punitive damages in any suit.

Written notice shall be given for any dispute. Such notice shall be given by certified mail, return receipt requested. Any notice we send you may be provided to you at your last known address or at such other address as we may have in our records. Your notice to us shall be given to: Inclined Technologies Inc. 9450 SW Gemini Dr, PMB 59913, Beaverton, Oregon 97008-7105. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. The party initiating the arbitration must set forth in the notice the nature and factual basis of the dispute, the names and addresses of all other parties, the amount involved and the specific relief requested. The party responding to such notice may answer and similarly set forth any counterclaims. You or we may bring a summary or expedited motion to compel arbitration of any Claim or to stay the litigation of any Claims pending in any court. Such a motion or action may be brought at any time. The failure to initiate or request arbitration at the beginning of a dispute or claim shall not be construed as a waiver of the right to arbitration.

The arbitration shall be conducted by one neutral and impartial arbitrator mutually agreed upon by the parties. The arbitrator must be an attorney or retired judge. In the event that the parties cannot agree on an arbitrator, the parties agree that an arbitrator may be appointed by a court in accordance with the Federal Arbitration Act, Title 9 of the United States Code (“FAA”). The arbitrator may conduct all necessary preliminary proceedings, provide for the exchange of information and/or discovery and set the time, date and place of any hearing, after reasonable notice to and consultation with the parties. The award shall be issued, without a written determination, no later than 30 days from the date any hearing is completed.

The parties shall be responsible for their own attorneys’ fees and costs associated with the arbitration, unless otherwise allowed for under the applicable substantive law and awarded by the arbitrator.

You and us each agree that are participating in transactions involving interstate commerce which shall cause this arbitration provision to be governed by the provisions of the FAA and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all available remedies, including without limitation, damages (to the extent not limited by this Agreement), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall follow rules of procedure and evidence consistent with the FAA and this provision.

Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the cost of appeal, regardless of its outcome. However, we will consider in good faith any reasonable written request for us to bear the cost of your appeal. We will pay any fees or expenses we are required by law to pay or in order to make this arbitration provision enforceable.

This arbitration provision shall survive termination of the Terms of Use. If it is determined that any provision in this Arbitration and Dispute Resolution Agreement is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions of this Arbitration and Dispute Resolution Agreement. The remainder of this Arbitration and Dispute Resolution Agreement shall continue in full force and effect as if the severed provision had not been included. Notwithstanding this severability provision, if a court of competent jurisdiction determines that the waivers of class actions and class arbitrations or the limitations of asserting claims in a representative capacity or as a member of a class are struck in a proceeding brought on a class, representative or private attorney general basis, without impairing the right to appeal such decision, this entire Arbitration and Dispute Resolution Agreement (other than this proviso) shall be null and void in its entirety in such proceeding.

FOR ALL DISPUTES COVERED BY THIS ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, THE PARTIES HAVE AGREED TO WAIVE THEIR RIGHT TO A TRIAL BY JURY, THEIR RIGHT TO PARTICIPATE IN CLASS ACTIONS, AND THEIR RIGHT TO SEEK PUNITIVE DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS ARBITRATION AGREEMENT, ARBITRATION SHALL BE IN PLACE OF ANY CIVIL LITIGATION IN ANY COURT AND IN PLACE OF ANY TRIAL BY JURY.

THE TERMS OF THIS ARBITRATION AND DISPUTE RESOLUTION AGREEMENT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY TERMS OF THIS ARBITRATION AGREEMENT OR THE COST, ADVANTAGES OR DISADVANTAGES OF ARBITRATION, SEEK INDEPENDENT ADVICE BEFORE THIS AGREEMENT BECOMES EFFECTIVE.