OwnersChoice Funding, Incorporated Website Terms of Use
Terms of Use
This website (the “Site”), provided by OwnersChoice Funding, Inc. (“OwnersChoice”, “we”, or “our”), is for informational purposes only, subject to the following Terms and Conditions of Use, which may be updated by OwnersChoice from time to time without notice. This Site provides you with certain services, including but not limited to, access to information about the products and services offered by OwnersChoice, and may provide you with information regarding other financial and consumer services and products offered by other third party providers ("Providers"). Use of this Site and the services are subject to the Terms and Conditions of Use and all applicable laws. Certain areas within this Site may be subject to additional or different terms and conditions of use, which are posted in those areas. Not all of the services and materials described on this Site are available for use in all geographic areas of the United States or in all jurisdictions where OwnersChoice conducts business. By using the Site, you agree to abide by all of the terms and conditions set forth in this notice. Unless stated otherwise, any new services and materials added to this Site also will be covered by these Terms and Conditions of Use.
A. Conditions of Use
By using this Site, you acknowledge your consent to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this Site. These terms and conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound. Your continued use of the site after any changes to this posting will be considered acceptance of those changes. If you do not agree to these conditions, please do not continue to use this Site.
B. Disclaimer
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNERSCHOICE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWNERSCHOICE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNERSCHOICE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OWNERSCHOICE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.
THIS SITE MAY BE LINKED TO OTHER SITES WHICH ARE NOT MAINTAINED BY OWNERSCHOICE. THE OPERATOR OF SUCH OTHER WEB SITE MAY COLLECT INFORMATION ABOUT YOU, INCLUDING THROUGH COOKIES OR OTHER TECHNOLOGIES. IF YOU PROVIDE PERSONALLY IDENTIFIABLE INFORMATION THROUGH ANY SUCH SITE, YOUR TRANSACTION WILL OCCUR ON THAT SITE (NOT THIS WEB SITE) AND PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE WILL BE COLLECTED BY, AND CONTROLLED BY THE PRIVACY POLICY AND TERMS OF USE OF THAT SITE’S OPERATOR.
LINKS ON THIS SITE TO OTHER WEB SITES ARE PROVIDED ONLY AS A CONVENIENCE. OWNERSCHOICE IS NOT RESPONSIBLE FOR THE CONTENT OF THOSE SITES. THE INCLUSION OF ANY LINK TO SUCH SITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY OWNERSCHOICE OF THE SITES OR THE CONTENT THEREOF. OWNERSCHOICE HAS NO RESPONSIBILITY OR LIABILITY FOR YOUR VISITATION TO, AND THE DATA COLLECTION AND USE PRACTICES OF, SUCH OTHER SITES.
C. Limitation of Liability
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE". OWNERSCHOICE AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. OWNERSCHOICE AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, OWNERSCHOICE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL OWNERSCHOICE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OWNERSCHOICE 'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
OWNERSCHOICE AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, OWNERSCHOICE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OWNERSCHOICE'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OWNERSCHOICE 'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL OWNERSCHOICE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER OWNERSCHOICE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
D. Restrictions on Use of Materials
This Site is owned and operated by OwnersChoice. Except as otherwise expressly permitted by OwnersChoice, no materials from this Site or any Site owned, operated, licensed, or controlled by OwnersChoice may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Site for your use only as described on such material or provided herein, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Site for public or commercial purposes, including the text, images, audio, and video without OwnersChoice's written permission.
Unauthorized access or access that exceeds the use authorized by these Terms and Conditions of Use may subject the user to criminal and civil penalties under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030(a).
OwnersChoice neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with OwnersChoice.
OwnersChoice reserves the right to suspend, modify or discontinue this Site, temporarily or permanently, at any time without notice. Any of the material on this Site may be out of date at any given time, and we are under no obligation to update such material.
The Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
E. Jurisdiction, Enforceability, and Governing Law
Unless otherwise expressly set forth herein, OwnersChoice makes no representation that materials on this Site are appropriate or available for use in any location. Those who choose to access this Site do so on their own initiative and are solely responsible for compliance with local laws.
Except as specifically set forth herein the information contained on this Site is not an offer to sell or a solicitation to buy any security, insurance product or other product or service. No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation; purchase or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
OwnersChoice makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of law provisions. You agree that the appropriate state or federal court in Albany County, New York, respectively, will have the exclusive jurisdiction to resolve all disputes arising from this Site or these terms and conditions of use, and you consent to personal jurisdiction in such forum.
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with OwnersChoice.
F. Intellectual Property
OwnersChoice retains all right, title, and interest in and to all materials distributed in conjunction with this Site. You agree that you will not, and shall not authorize others to, copy, make modifications to, translate, disassemble, decompile, reverse engineer, otherwise decode or alter, or create derivative works based on material obtained from this Site.
All trademarks, services marks, trade names, logos, and icons are proprietary to OwnersChoice. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the written permission of OwnersChoice or such third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.
Images displayed on this Site are either the property of, or used with permission by, OwnersChoice. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
G. Software Licenses
You acknowledge that any software available or provided to you on this Site may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. OwnersChoice does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States export controls laws and regulations.
H. No Professional Advice
The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, tax, or other financial advice, and is not tailored to a customer's specific circumstances. All information, opinions, and advice available on this site should be evaluated in consultation with a legal, accounting, tax, investment, or other financial specialist.
I. Information Provided By You
In order to use certain services on this Site, you may have to register or log in. You agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete, or not current, or if OwnersChoice has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, OwnersChoice, in its sole discretion, has the right, in addition to actions permitted to be taken at law or in equity, to suspend or terminate your access to the Site. Further, you agree that OwnersChoice will not be liable to you or any third party if OwnersChoice terminates your access to the Site, and the services or materials thereon, for any reason.
J. Privacy and Ownership of Information
Any information, communications, or material you transmit to this Site by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as nonconfidential and nonproprietary and will become the property of OwnersChoice. Except for the information you submit during the registration process or during the use of any other service offered through this Site (the "Permitted Information"), OwnersChoice does not want you to, and you should not, send any confidential or proprietary information to OwnersChoice via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to OwnersChoice other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to OwnersChoice, you grant to OwnersChoice an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and you further agree that OwnersChoice is free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to OwnersChoice. You further recognize that OwnersChoice does not want you to, and you warrant that you shall not, provide any information or materials to OwnersChoice that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
OwnersChoice will use the Permitted Information in accordance with the Privacy Policy posted on this Site.
K. Indemnification.
You agree to defend, indemnify and hold harmless OwnersChoice, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of this Site, including, without limitation, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Site.
L. Monitoring of This Site
Portions of this Site include a private computing system which is restricted to authorized individuals. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. OwnersChoice reserves the right to view, monitor and record activity on the system without notice to or permission from you beyond this notice. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on this Site.
M. Miscellaneous
This Agreement constitutes the entire agreement between OwnersChoice and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.