We may from time to time in our sole discretion and without notice to you modify the terms of this Agreement and/or change the rules that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. Please review this Agreement each time you use the Site for the most current terms and conditions for the use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Agreement and rules as changed. We may discontinue the operation, maintenance or provision of this Site, any pages thereof, and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or any third party.
Your access to the Site.
You represent that you are 18 years of age or older. If you are under 18 years of age, please do not enter you personal information. This Site is not directed at children, and we do not knowingly collect information from persons under the age of 18 years old. We are not responsible or liable to you for any errors or failures resulting from defects in or malfunction of (i) any telephone equipment and services, (ii) Internet connection services, (iii) computer hardware and software, and (iv) other equipment necessary for you to access and use the Site.
Accounts, Passwords and Security.
Certain features or services offered on or through the Site may require you to open an account which includes setting up a User ID and Password. LoanSource may assign you a customer extranet username and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and LoanSource has no obligation to investigate the authorization or source of any such access or use of the Site. You agree to maintain the confidentiality of the information of the password and identification assigned to you, and the security and integrity of any information you download from our Site. You remain responsible for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your User ID, password or account as a result of your failing to keep your account information secure and confidential. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You shall immediately notify LoanSource in writing at 15 Bull Street, Suite 200, Savannah, GA 31401, of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You may not use anyone else’s User ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. You agree that we will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy and Collecting Information.
By using the Site, you agree that Internet transmissions are never completely private or secure. We take commercially reasonable measures to protect the security of information electronically transmitted to us through the use the information forms integrated into our Site. However, we advise you to exercise caution when sending us e-mail through the Internet. You understand that any message or information you send through email may be read or intercepted by others. For example, e-mail may be intercepted by a third party. Please do not use e-mail to send us confidential or privileged information (such as social security numbers, bank account numbers, etc.) or information we have required you to send us in writing. You agree that we have no liability for any losses or damages you incur as a result of a third party intercepting and using without authorization any information transmitted by you via unsecure e-mail. When you send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate.
In connection with any product or service LoanSource may make interactive online chat (“Chat”) service available to you. LoanSource makes no warranty that Chat service will be available at any particular time or be free of fault or error. LoanSource provides the Chat service as a convenience to facilitate your understanding of LoanSource’s products, services, and online applications related to those products or services. Our Chat service agents endeavor to provide you with accurate and current information based on your question or need. No communications during the Chat service shall be considered a legal agreement, representation, or warranty as to our products or services, and the underwriting and delivery of same. You will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat service session.
All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, audio clips, logos, button icons, software, written materials and other materials (collectively, the “Contents”) are the property of LeadFlow 365, LLC (“LeadFlow 365”), a Georgia Limited Liability Company, or its content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of LeadFlow 365 and is protected by U.S. and International copyright laws. All software used on this Site is the property of LeadFlow 365 or its software suppliers and is protected by U.S. and International copyright laws. The Contents and software on this Site may be used solely for informational purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Contents or software on this Site is strictly prohibited. The Contents of our Site, and the Site as a whole, are intended solely for personal use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
LoanSource and certain other marks and logos displayed on the web site are registered and common law trademarks of LeadFlow 365 in the United States and other countries. The trademarks may not be used in connection with any product or service that is not authorized in writing by LeadFlow 365, in any manner. All other trademarks that appear on this site are the property of their respective owners, who are not affiliated with, or sponsored by us or our affiliates. User Comments, Feedback, Postcards and Other Submissions All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to LeadFlow 365 on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain LeadFlow 365’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to LeadFlow 365 of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Comments. Thus, LeadFlow 365 will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Availability of Services
Not all of the products and services described in our Site are available in each State. In addition, the terms of the products and services differ depending upon the State. Where you reside may limit whether you qualify for certain products and services. In our sole discretion, we determine the eligibility requirements, including residency requirements, for any product or service we offer. A third-party (such as a CSO lender) may in their sole discretion determine the eligibility requirements, including residency requirements, for any product or service the third party offer. Our description of the products and services, including, if any, interest, fees, charges, may change without notice. The general description information on our Site is not a binding legal offer, and each product or services remains subject to our underwriting and eligibility requirements. We do not intend for this Site and/or any products, services or information described or provided therein to be obtainable or used by any person in any city, state or jurisdiction where such distribution, availability or use would violate applicable law.
Links to Other Web Sites and Services
This Site contains links to outside services and resources, the availability and content of which LoanSource does not control. We are not responsible for examining or evaluating, and we do not endorse these businesses or individuals or the content of their web sites. LoanSource does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns, including privacy, information-sharing and security policies, regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY LEADFLOW 365 ON AN “AS IS” BASIS. LEADFLOW 365 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LEADFLOW 365 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
LEADFLOW 365 DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM LOANSOURCE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT LEADFLOW 365 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
YOU ACKNOWLEDGE THAT LEADFLOW 365 DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION PROVIDED ON THE SITE. LEADFLOW 365 DOES NOT ENDORSE CONTENT, PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.
CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED THE LESSER OF THE AMOUNT YOU PAID TO ACCESS THIS SITE OR $100.00.
Applicable Law, Disputes, and Notice of Grievance and Opportunity to Cure.
This Site is created and controlled by LeadFlow 365 in the State of Georgia, USA. As such, the laws of the State of Georgia will govern these disclaimers, terms and conditions, as well as all sales of products and services or other transactions effected through this Site and any disputes relating thereto without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Site and these disclaimers, terms and conditions at any time. This Site is controlled and operated by LeadFlow 365 from its offices in Savannah, Georgia. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Georgia, Chatham County and/or the City of Savannah. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Georgia aw consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the Company rules exceed $125, and you are unable to pay the additional fees and deposits, Company retains the right to forward them to the Company on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
You agree to defend, indemnify and hold LeadFlow 365, its officers directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or the services provided on the site, your violation of this Agreement, or your infringement of any intellectual property obtained from this Site.
License and Site Access
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting and delivering LoanSource’s products and services available in the United States and select foreign markets. LoanSource grants you a limited license to access and make personal use of this Site pursuant to the terms and conditions stated herein. This license does not include any resale or commercial use of this Site or its Contents; and collection and use of any product or service listings, descriptions, or prices; and derivative use of this Site or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of LoanSource without express written consent. You may not use any meta tags or any other hidden text utilizing LoanSource’s name or trademarks without the express written consent of LoanSource. Any unauthorized use terminates the permission or license granted by LoanSource. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LoanSource so long as the link does not portray LoanSource, or its product or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any LoanSource logo or other proprietary graphic or trademark as part of the link without express written permission. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify any content on the Site, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You are prohibited from accessing data or logging onto a server or account which you are not authorized to access; attempting to breach security or authentication measures and attempting to interfere with service to any user, host or network, including via means of introducing a virus to the Site, overloading or flooding, spamming, mail bombing or crashing. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is unlawful, libelous, threatening, harassing, derogatory, defamatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, indecent, pornographic, otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, “trap doors”, “Trojan horses”, “deep-Link”, “page scrape”, “robot”, “spider” or other harmful code or properties that acquire, copy or monitor this Site or harvest or otherwise collect information about others, or violate any applicable laws of regulations.
This Agreement is effective until we terminate the Agreement. LoanSource may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, in LoanSource’s absolute discretion.
This Site may be accessed from countries other than the United States. This Site may contain products and services or references to products and services that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Effective as of July 1, 2013.