The following terms and conditions (“Terms and Conditions”) govern your use of the World Wide Web Site located at http://www.sraassociates.com (this “website”). By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this website and must exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the website for at least 60 days after the change. It is the obligation of users visiting the website before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the website before the change was made.
This website has been prepared solely for the purpose of providing information about SRA Associates (“Company”), and the products and services offered by the company and its operating subsidiaries and affiliates. Without limiting the generality of anything else, Company makes no commitment, and disclaims any duty, to update this website or any of the information obtained through this website, and its shall not be responsible for any errors or omissions in the website. Company reserves the right to add, modify or delete any information on this website at any time, with or without notice.
Copyright and Other Proprietary Information
Website text, graphics, design, selection and arrangement copyright © SRA Associates. All rights reserved. Company also owns a copyright in the website as a collective work and/or compilation. Permission is granted to download and print materials from this website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission of Company is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any website materials is strictly prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to Company or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Company welcomes your feedback and suggestions about how to improve our products, information, and services and this website. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to Company, you automatically grant Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, Company is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this website for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
Forward-looking Statements Disclosure
Certain statements in documents that appear in or are obtained through this website, including, without limitation, statements as to any company’s objective to grow through strategic acquisitions and internal growth, the ability to realize operating efficiencies in the integration of its acquisitions or as to management’s beliefs, expectations and opinions, are forward-looking statements that involve risks and uncertainties and are subject to change at any time. Certain factors, including without limitation, risks associated with growth and future acquisitions, fluctuations in quarterly operating results, can cause actual results and developments to be materially different from those expressed or implied by such forward-looking statements.
Disclaimer Regarding Other Servers and Web Sites
This website, the website materials on and in and made available through this website, and the services, information, and products offered by Company in connection therewith are made available “as is” and “with all faults.” Use of this website is entirely at your own risk.
Company makes no representations or warranties, and disclaims all representations and warranties, with respect to this website, the website materials on and in and made available through this website, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all website materials on and in and made available through this website is with you.
Company shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this website, the website materials on and in and made available through this website, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Company to you or any other person or entity in connection with, based upon, or arising from this website, the website materials on and in and made available through this website, or the services, information, or products offered in connection therewith exceed the price paid by you for use of this website.
Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of Company. Accordingly, Company can make no representation concerning the content of these sites to you, nor can the fact that Company has given you this listing serve as an endorsement by Company of any of these sites. Company is providing links to these sites as a convenience to you. Company has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and Company cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. Company is not responsible for any content, information, products, services, or software offered by any other party or at any other web site.
PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.
What claims are subject to arbitration
Claims shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to these Terms and Conditions, the use of this payment portal for any transactions with the Company, (SRA Associates) including the making of payments to the Company, or against the Company; or the validity of this Agreement or this Arbitration provision. It includes disputes brought as counterclaims, cross claims, or third party claims.
IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THESE TERMS AND CONDITIONS.
In this Arbitration provision, the words “we,” “us,” and “our” shall mean the Company and its owners, agents and employees.
- If either you or we, make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, or our agents, except as noted below.
- We will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court.
- Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of these Terms and Conditions as a whole is for the arbitrator, not a court, to decide.
No Class Actions
YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION RELATING TO ANY CLAIMS THAT ARE IN ANY WAY CONNECTED TO PAYMENTS MADE TO THE COMPANY THROUGH THIS PORTAL.
If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency.
How to start an arbitration, and the arbitration process
- The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator.
- If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.
- The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with these Terms and Conditions, these Terms and Conditions will control.
- The arbitration will take place by telephone or at a reasonably convenient location.
Governing Law for Arbitration
This Arbitration section of these Terms and Conditions is governed by the Federal Arbitration Act (FAA). New Jersey law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
How to reject this section
You may reject this Arbitration section of these Terms and Conditions. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 30 days after you accept these Terms and Conditions. The notice must include your name, address and SRA account number, and must be mailed to SRA Associates, c/o Compliance, 112 W. Park Dr. Suite 200, Mt. Laurel, NJ 08054 post-dated within the 30 day window from acceptance of these Terms and Conditions. This is the only way you can reject this section.
Governing Law and Jurisdiction
These Terms and Conditions, including, without limitation, the Privacy Notice, represent the entire agreement between you and Company with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.
By accessing, viewing, or using the works, content, or materials on this website, you consent to the exclusive jurisdiction of the federal and state courts presiding in Camden County, New Jersey, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This website is controlled and operated by Company from its offices within the United States. Without limiting anything else, Company makes no representation that the works, content, materials, services, information, or products available on, in, or through the website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this website from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Company to exercise in any respect any right provided here under shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Notice, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Notice). The waiver or failure of Company to exercise in any respect any right provided here under shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Company reserves the right to terminate your access to this website in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.