Terms & Conditions

Terms of Use and Electronic Consent

Please carefully review these terms and conditions of use before using this site or accessing any data thereon. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms without limitation or exclusions, you must exit this site immediately.

USER AGREEMENT

The following are terms of a legal agreement (the "Agreement") between you, individually or jointly and/or as an agent on behalf of an entity or another registered user ("you") and Primelendsolutions Funding LLC and its affiliates ("Primelendsolutions") that sets forth the terms and conditions for your use of this web site at www.Primelendsolutions.com, www.Primelendsolutionscards.com, www.myPrimelendsolutionscard.com, and including any subdomain thereof (the “Site”). The Site is owned and operated by Primelendsolutions. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations, regardless of whether or not you are a registered user of the Site, and that you consent to the terms and practices set forth in the Primelendsolutions Privacy Policy. The terms and conditions of this Agreement form an essential basis of the bargain between you and Primelendsolutions.

CHANGE-IN-TERMS

Primelendsolutions reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes.

Primelendsolutions may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability. To the extent Primelendsolutions revises this Agreement while your access to the Site has been suspended or terminated, such revisions will not apply to you.

LIMITATIONS OF USE

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively, the "Content"), is held by Primelendsolutions or by the original creator of the material and is protected by U.S. and International copyright laws or treaties. You agree that the Content may not be copied, reproduced, distributed, framed, downloaded, republished, modified, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Primelendsolutions. You acknowledge that the Content is and shall remain the property of Primelendsolutions. You may not reverse engineer, modify, transmit, publish, participate in the sale or transfer of, or create derivative works, or in any way exploit any of Primelendsolutions's services, including any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Primelendsolutions's prior written approval. Unless explicitly stated in this Agreement, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by implication, estoppel or otherwise.

All data obtained from or provided by Primelendsolutions, regardless of the method of delivery, is explicitly prohibited from publication and distribution and is subject to the Primelendsolutions Data Terms of Use. Moreover, you agree not to use data provided by Primelendsolutions, regardless of the method of delivery, for any competing purposes, and you agree to only use such data to permit investment using the products or services of Primelendsolutions.

You also may not, without Primelendsolutions's express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Without Primelendsolutions's prior consent, you may not use the Site in any manner that violates this Agreement, or that could interfere with any other party‘s use and enjoyment of the Site, or that could overburden, impair, damage, or disable the Site. We may disable, terminate, or throttle your use of, or access to, the Site at any time without notice for any reason, with or without cause, in our sole discretion.

You may not use any automated methods to access the Site or collect any information from the Site; frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over Content, or otherwise affect the display of any Content, engage in the practices of "database scraping," "screen scraping," or any other activity with the purpose to obtain content or other information from the Site.

If you are blocked by Primelendsolutions from accessing or using the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Primelendsolutions's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Primelendsolutions makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Primelendsolutions.

Members of the Primelendsolutions community must be U.S. Residents with a valid social security number that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on the Site.

You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Primelendsolutions member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a "Google® search" or other online research).

TRADEMARKS

Primelendsolutions (including the Primelendsolutions logo), Primelendsolutions.com, and all related logos (collectively the "Primelendsolutions Trademarks") are trademarks or service marks of Primelendsolutions. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Primelendsolutions or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Primelendsolutions Trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by Primelendsolutions. Primelendsolutions prohibits use of any of the Primelendsolutions Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by Primelendsolutions in advance. Any questions concerning any Primelendsolutions Trademarks, or whether any mark or logo is a Primelendsolutions Trademark, should be referred to Primelendsolutions.

LINKS TO THIRD-PARTY SITES

This site may contain links to web sites controlled, owned, and operated by third parties (the "third-party sites"). Primelendsolutions cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Primelendsolutions of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Primelendsolutions and the third-party site may provide less security than this Site. Primelendsolutions is not responsible for the content of any third-party web sites, nor does Primelendsolutions make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Primelendsolutions shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

PERMISSION TO CONTACT

When you give us your contact information (including but not limited to your home and/or mobile phone number, work phone number, address and email address), you grant us permission to contact you at any of those numbers or addresses, and any other number, address or email address that you have provided in the past or may provide in the future or that we believe we may reach you through, about your Primelendsolutions accounts, and about our products and services (even if you previously opted out of these types of communications). Your consent allows us to use written, electronic or verbal means to contact you, including but not limited to text messaging and emails, for all purposes not prohibited by applicable law. Message and data rates may apply. Some of the purposes for calls and messages may include (but are not limited to): suspected fraud or identity theft; obtaining information; transactions on or servicing of your account; marketing our products and services; and collecting on your account. Our rights under this Section extend to our affiliates, subsidiaries, parents, agents, vendors, and anyone who is or may be affiliated with the owner of any note evidencing a financial obligation you incur or the owner of any other financial obligation you incur. You agree to notify us immediately of any changes to your contact information. Please refer to the CONTACTING US section at the bottom of this document for instructions on how to contact us.

DISCLAIMER OF WARRANTIES

None of Primelendsolutions, its parent, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "Primelendsolutions Parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Primelendsolutions Parties disclaim liability for errors or omissions in the Content.

This Site and all of the Content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The Primelendsolutions Parties do not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

Primelendsolutions Parties may discontinue or make changes in the Content and Site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the Primelendsolutions Parties do not undertake any obligation or responsibility to update or amend any such information. The Primelendsolutions Parties reserve the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site could contain technical inaccuracies or typographical errors. Use of this Site is at your own risk. The foregoing shall not apply to changes made to this or any other agreement between you and the Primelendsolutions Parties or between you and any bank that extends credit to you. Changes to any such agreements are governed by the terms of such agreements.

LIMITATION OF LIABILITY

Under no circumstances will the Primelendsolutions Parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any third-party site to which this Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Primelendsolutions Parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The Primelendsolutions Parties are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the Primelendsolutions Parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless Primelendsolutions Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Primelendsolutions Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Primelendsolutions Parties reserve the right, at their 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 such claim or matter without the written consent of Primelendsolutions. You further agree to indemnify and hold harmless Primelendsolutions Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

MONITORING OF THE SITE

Primelendsolutions has no obligation to monitor the Site; however, you acknowledge and agree that Primelendsolutions has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, present marketing or other promotional offers to you either on the Site or on a third party site, or to protect itself or other users of the Site.

SUBMISSIONS TO THE SITE

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Primelendsolutions through this Site or in any other manner (collectively, "Submissions") will be deemed and remain the property of Primelendsolutions, and Primelendsolutions is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Primelendsolutions shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Primelendsolutions or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Primelendsolutions's responsibilities and obligations under its Privacy Policy.

AVAILABILITY

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Primelendsolutions to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.

GOVERNING LAW

You agree that, except to the extent inconsistent with federal law or otherwise stated in this Agreement, the laws of the State of California, without regard to conflict of laws, will govern this Agreement and any claim or dispute that has arisen between you and Primelendsolutions.

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and Primelendsolutions may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

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