Terms Of Use

Terms of Use between user & FlexPoint, Inc®

This terms of use agreement (this “Agreement”) governs the terms and conditions (“Terms of Use”) of your use of the FlexPoint, Inc. (“FlexPoint” or “Company”) website (the “Site”) and any transactions conducted with the Company in connection with the Site are subject to this Agreement. This Agreement should be read carefully before accessing or using this Site.

By accessing or using this Site, you agree to be bound by this Agreement and, if applicable, such other terms of use agreements of FlexPoint that may be necessary for FlexPoint to provide you access to certain proprietary product(s) (including, but not limited to the FlexPoint digital consumer portal). If you do not consent to these terms, please do not utilize the Site or the materials contained therein. FlexPoint provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

This Site is for general informational purposes. It is not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site is provided with the understanding that FlexPoint is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

FlexPoint and its agents assume no responsibility for any consequences relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. FlexPoint strives to keep the information on this Site accurate, complete and up-to-date yet does not guarantee, represent or warrant that it is accurate, the most recent information available, nor do we guarantee that all opinions expressed or implied are accurate or reliable. The law and the application of the borrower’s situation is unique to every situation, and your situation needs to be individually analyzed. FlexPointand its suppliers cannot guarantee, and will not be responsible for, any damage or losses arising from or related to the accuracy, completeness or timeliness of the information presented or its application in your situation.

Personal and Noncommercial Use Limitation

You may access, download and print materials on this Site for your personal and non-commercial use. You may use the information to obtain the appropriate loan and the best terms for your particular situation from your preferred provider.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to FlexPoint that you will not use this Site for any purpose that is unlawful or prohibited by this Agreement. If you violate any of the terms of this Agreement, your permission to use the Site automatically terminates.

Prohibited Uses

Except as set forth herein, you are not authorized to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. If and when requested by FlexPoint you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of FlexPoint you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site will be held accountable and may be subject to prosecution as determined by appropriate law enforcement agencies.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the content contained on the Site without FlexPoint, Inc’s prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on our Site.

You agree that FlexPoint may terminate your password, account, or use of the Site in FlexPoint’s sole discretion for any reason. All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. In addition, FlexPoint may post notices or links to notices through the Site to inform you of changes to the applicable terms of use, the Site, or other matters of importance. Please see our privacy policy available at https://www.FlexPoint, Inc.com/privacy policy, which is incorporated by reference into this Agreement, for the details of our commitment to your privacy.

Proprietary Rights

All materials on this Site, as well as visual appearance, content structure, layout and structure are owned and/or licensed by FlexPoint. No unauthorized reproduction, distribution, or transmission of the materials at this Site is permitted without the written permission of FlexPoint, Inc. All rights reserved.

THE CONTENTS OF THIS SITE, INCLUDING ITS “LOOK AND FEEL” (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS. The contents belong to FlexPoint or to others as indicated. The information and materials contained in the Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of FlexPoint. Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site or use of or access to the Site or any information or technology obtained from the Site.

Links To Third Party Sites

During your use of this Site or at any time in the process, you may be led to other web sites operated by unaffiliated third parties. Inclusion of hyperlinks by FlexPoint on the Site to such third party web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access and use such sites, including information, material, products and services therein, solely at your own risk. FlexPoint, Inc is not responsible for the quality or results or any product or service provided by these companies. As with all websites and all services, you should review their products and services carefully. Never give private information to any party or website or person that you have not completely investigated and established credibility. FlexPoint, Inc is not responsible for the use of the information that you give any third parties.

Liability Disclaimer

You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that FlexPoint specifically disclaims any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment. Calculators and tools on the Site provide you with ESTIMATES that may be different than actual amounts.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLEXPOINT, INC, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL FLEXPOINT, INC, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FLEXPOINT, INC, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF FLEXPOINT, INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500.

Access: Changes To Agreement

FlexPoint reserves the right to modify or discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to you. Likewise, FlexPoint may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the Site. Accordingly, you agree to review the legal terms and conditions that govern your use of the Site periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

User IDs and Passwords

Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on the Site.  You should protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Site.  You agree to immediately notify FlexPoint if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised.  You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your identification, password or other identifying information, or by any person who has obtained such information from your, including, but not limited to, any access to or use of this Site that may occur after you have been notified by us that your user identification, password or other identifying information has been lost stolen or otherwise compromised.

 

Miscellaneous

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the state of California without giving effect to any principles of conflicts of law. Failure by FlexPoint to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between FlexPoint and you related to this Agreement shall be brought exclusively in Orange County, CA.

Limited Binding Arbitration: You understand and agree to resolve through final and binding arbitration the following claims, disputes or controversies arising between you and FlexPoint, and its parents, affiliates, subsidiaries or related companies: all claims, disputes or controversies arising from the Telephone Consumer Protection Act of 1991 (“TCPA”), or state la claims similar to the TCPA.  You will arbitrate TCPA claims between you and FlexPoint in Orange County, CA.  Any state of federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders.  Neither you nor FlexPoint are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity.  The parties voluntarily and knowingly waive any right they may have to a jury trial for TCPA-related matters.

FlexPoint logos, product and service names are trademarks / service marks owned by FlexPoint (the “Marks”). You agree not to display or use the Marks in any manner without the prior written permission of FlexPoint.

This Site uses the Google Maps API, the Google Places API and the Google Maps Geocoding API to collect information about your location. By using this Site you agree to allow us to cache your location for the uses described herein. You may revoke this consent at any time by disabling geolocation sharing in your browser and starting a new browsing session. This information is used to identify nearby branch locations and provide directions to those locations and such information is only retained during your browsing session. Google’s Privacy Policy is incorporated herein and can be found at https://www.google.com/policies/privacyopens in new tab. By using this site you agree to be bound by Google’s Terms of Service which may be found at https://www.google.com/intl/en/policies/termsopens in new tab.

No Minor Use

This Site is applicable to and should only be used by persons 18 years of age or older. Access and use of this Site by persons under the age of 18 is prohibited.

Use within the United States

This Site is intended to be accessed by persons located within the United States of America. Access and use of this Site by persons from locations other than the United States is prohibited.

Indemnification

If you make any unauthorized use of this Site or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company.  You agree to indemnify, defend and hold harmless FlexPoint, and its affiliates, vendors, licensors and suppliers, and all of the employees, officers, directors, owners and agents and representatives of FlexPoint  from any liability, loss, claims, damages, costs and expense (including attorneys’  fees and court costs) arising from or related to your use of this Site and/or your breach/violation of or failure to comply with this Agreement.

Identity and Location Verification

To help the government fight funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. As a result, under our customer identification program, we must ask for your name, street address, mailing address, date of birth, and other information that will allow us to identify you. We may also collect and consider information about you from non-credit reporting agency data providers, including, for example, information about your location and the location of your mobile devices, and publicly available information about you. You acknowledge that by clicking “Check Your Rate” and continuing with the application process, you understand and consent to FlexPoint, Inc and/or third party service provider(s) (including your mobile phone carrier) to use geolocation services to verify the location of your mobile device.

Contact Methods and Opt-Outs

If you submit to FlexPoint through this Site or otherwise you are making an inquiry as to lending programs and services offered by FlexPoint. By submitting your contact request for a loan product, you are consenting to be contacted by FlexPoint by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from FlexPoint, Inc, you can opt-out of various contact methods by calling phone number1-888-909-7717. We will attempt to address your request immediately, but it may take up to 10 days for us to process an opt-out request. Please note that we may still need to contact you for legitimate business reasons such as servicing of your loan or other non-marketing purposes.