TERMS AND CONDITIONS
1.LICENSE GRANT.This Agreement provides You with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for your personal use or your internal business purposes.
2.LICENSE RESTRICTIONS. The foregoing license is limited. You therefore may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this Agreement, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof);or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
3.USER OBLIGATIONS. Subject to Americor Funding right to monitor or audit compliance, You acknowledgeand agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, You agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.
4.PROPRIETARY RIGHTS. The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, Dzlook and feel,dz and arrangement of the Website (collectively, DzMaterialdz) unless otherwise indicated, are owned, controlled, and licensed by Americor Funding or its licensors. Any rights granted hereby are expressly licensed. Americor Funding does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You oranyone else. Accordingly, your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Website and Material is Copyright ©2015 AmericorFunding Inc. and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Website or Material, including notices on any audio/visual material You access, download, transmit, display, print or reproduce from the Website. You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Americor Funding or its owner if Americor Funding is not the owner. Americor Funding and all other names, logos, and icons identifying Americor Funding and its products and services are proprietary trademarks of Americor Funding (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Americor Funding is strictly prohibited. Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
5.LINKS TO OTHER SITES. Americor Funding may provide links, in its sole discretion, to other sites from which You can purchase goods or services from third party merchants. Americor Funding is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites. These sites have not necessarily been reviewed by Americor Funding and are maintained by third parties over which Americor Funding exercises no control. Accordingly, Americor Funding expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.Your transactions and other dealings with third party merchants or advertisers that are found on or through the Website, including Dzclick to purchase,dzDzco-registration,dz and other similar programs, including payment and delivery of related goods or services, are solely between You and such merchant or advertiser.
6.OFFERS AND PROMOTIONS. Americor Funding distributes third party product information and product promotional offers to our users. We are not responsible for errors, omissions, or the expiration dates of any promotional offer. It is Your responsibility to ensure that a discount, free offer or other promotional offer is present during the checkout process at the selected merchant website from which you purchase a product. All featured offers and promotions are subject to change without notice and Americor Funding does not exercise any control over the ability of any merchant to complete the sale in accordance with such offers and promotions.
7.PRODUCT DISPLAY AND COLORS. Americor Funding does not guarantee that the color of the product images on the Website matches the actual color of the products. Please note that the appearance of colors on the Website may be influenced by the monitor You use to view the Website.
8.MOBILE SERVICES. The Website may include certain services that are available to You via your mobile phone or other mobile device if You have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Americor Funding, and access certain other features (collectively, DzMobile Servicesdz). Although Americor Funding does not charge You for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, You agree that Americor Funding may communicate with You by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Americor Funding. In the event You change or deactivate your mobile telephone number, You agree promptly to update your mobile subscription account information to ensure that the messages Americor Funding intends to send to You are not sent to another person who acquires your former mobile telephone number.
9.FEEDBACK. Americor Funding welcomes your feedback and suggestions about Americor Funding products or services or with respect to how to improve the Website. But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, Dzfeedbackdz) to Americor Funding, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to Americor Funding. In addition, any feedback received by Americor Funding will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Americor Funding to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.
10.REPRESENTATIONS AND WARRANTIES. You represent and warrant to Americor Funding that (i) You are at least the legal age of majority, (ii) You are authorized to enter into this Agreement, (iii) You will access and view the Website and the Materials for your personal, non-commercial use only; (iv) You will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of Americor Funding or any third party; (v) any information or data provided to Americor Funding by You will not violate any law or regulation or infringe the rights of Americor Funding or any third party; (vi) all information that You provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and (vii) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
11.WARRANTY DISCLAIMERS. THE WEBSITE AND MATERIALS ARE PROVIDED DzAS-ISdz. Americor Funding DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE, PROGRAMS, SERVICES OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. Americor Funding ALSO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. THE WEBSITE, THE MATERIALS AND ANY ASSOCIATED INFORMATION ARE PROVIDED DzAS ISdz AND DzAS AVAILABLE,dz AND Americor Funding HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
12.LIMITATION OF LIABILITY - UNDER NO CIRCUMSTANCES WILL AMERICOR, ITS EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER RELATED PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY CLAIM, OR ANY OTHER CLAIM AVAILABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES AVAILABLE, RELATED TO OR ARISING IN ANY WAY WHATSOEVER OUT OF ACCESS TO, USAGE OF, OR RELIANCE ON ANY PRODUCTS, WEBSITES OR SERVICES PROVIDED BY AMERICOR, EVEN IF AMERICOR HAS BEEN ADVISED REGARDING THE POSSIBILITY OF SAID DAMAGES. YOUR USE OF THE PRODUCTS, WEBSITES AND SERVICES ARE AT YOUR OWN RISK. THE POTENTIAL CLAIMS AND MATTERS DISCLAIMED BY AMERICOR INCLUDE BUT ARE NOT LIMITED TO:
YOU AGREE THAT IN NO EVENT WILL AMERICOR’S TOTAL LIABILITY EXCEED THE LIMITS DESCRIBED IN THIS SECTION FOR ANY LOSSES, CLAIMS, SECURITY BREACH, SECURITY INTRUSION, OR CAUSES OF ACTION OF ANY KIND.
YOU AGREE TO WAIVE ANY AND ALL KNOWN AND UNKNOWN CLAIMS, AND YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS, CLAIMS, OR CAUSES OF ACTION REGARDING CLAIMS THAT ARE UNKNOWN, UNSUSPECTED, OR NOT IN EXISTENCE AT THIS TIME, AND IN ACCORDANCE WITH SUCH WAIVER, YOU WAIVE THE REMEDIES WHICH MAY BE AVAILABLE TO YOU UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,” AND ANY CORRESPONDING AND/OR SIMILAR RIGHTS PROVIDED IN OTHER JURISDICTIONS.
IF ANY PARTICULAR LIMITATION OF LIABILITY LISTED ABOVE IS NOT PERMITTED IN YOUR JURISDICTION, THESE DISCLAIMERS MAY NOT APPLY TO YOU. FURTHER, IF ANY OF THE ABOVE DISCLAIMERS IS FOUND TO NOT BE VALID IN ANY JURISDICTION, THE VALIDITY OF THE OTHER DISCLAIMERS IS NOT AFFECTED. IF ANY OF THE ABOVE DISCLAIMERS ARE FOUND TO BE INVALID, AMERICOR’S TOTAL LIABILITY WILL NOT EXCEED THAT ALLOWABLE BY APPLICABLE LAW.
TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT AMERICOR’S LIABILITY TO YOU IN CONNECTION WITH ANY LEGAL CLAIM YOU MAY HAVE AGAINST IT IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT IS LIMITED AS DESCRIBED IN THIS SECTION, EXCEPT TO THE EXTENT THESE LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT AMERICOR HAS SET ITS FEES IN RELIANCE ON YOUR AGREEMENT TO THESE LIMITATIONS OF LIABILITY. AMERICOR IS NOT RESPONSIBLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. THE MAXIMUM LIABILITY OF AMERICOR TO YOU IN CONNECTION WITH THE SERVICES AND THIS AGREEMENT FOR OTHER TYPES OF DAMAGES IS A REFUND OF FEES PAID BY YOU FOR THE SERVICES YOU SELECTED. YOU AGREE THAT THIS LIMITATION APPLIES TO ANY CLAIM YOU MIGHT HAVE AGAINST AMERICOR UNDER ANY THEORY – CONTRACT, TORT, COMMERCIAL CODE, STRICT LIABILITY OR OTHERWISE, EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13.DISPUTES - The following dispute resolution process applies to disputes which may arise between you and AMERICOR. Each party to this Agreement (you and AMERICOR) agree that any dispute related to the Services or this Agreement shall be submitted to binding arbitration in Orange County, California. The arbitration shall be conducted by one arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration will be conducted in person unless each of us agrees to a telephonic or written submissions procedure. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, or to enforce or vacate an arbitration award. You waive any right to a trial by jury, and agree that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Each party agrees not to bring a claim related to the Services or this Agreement more than six months after the time that the claim accrued. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
14. TECHNOLOGICAL RISKS – ANY TIME THERE IS USE OF TECHNOLOGY FOR DATA AND INFORMATIONAL PURPOSES YOU UNDERSTAND THAT ASSOCIATED THEREIN INHERENTLY IS A RISK OF SECURITY AND/OR DATA BREACH. WHILE AMERICOR REASSURES YOU THAT ALL POSSIBLE PRECAUTIONS TO PROTECT YOUR PERSONAL DATA ARE TAKEN AMERICOR CANNOT GUARANTEE THAT DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AMERICOR CAN NOT GUARANTEE THE SECURITY OF THE PORTAL OR THE SERVICES OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA. CONSEQUENTLY, AMERICOR CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US AND YOU DO SO AT YOUR OWN RISK. ONCE WE RECEIVE YOUR INFORMATION, WE MAKE EFFORTS TO ENSURE SECURITY ON OUR SYSTEMS. WE USE PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS TO PROTECT PERSONAL INFORMATION ABOUT YOU. IF YOU BECOME AWARE THAT DATA STORED ON AMERICOR SERVERS MAY HAVE BEEN ACCESSED, DISCLOSED, OR ACQUIRED WITHOUT PROPER AUTHORIZATION AND CONTRARY TO THE TERMS OF THIS AGREEMENT AND/OR CONTRARY TO AMERICOR’S PRIVACY POLICIES , YOU AGREE TO IMMEDIATELY ALERT AMERICOR OF ANY DATA BREACH WITHIN A MAXIMUM OF TWO BUSINESS DAYS, AND SHALL IMMEDIATELY TAKE SUCH ACTIONS AS MAY BE NECESSARY TO ENABLE AMERICOR TO FULLY UNDERSTAND THE NATURE AND SCOPE OF THE DATA BREACH AND ELIMINATE THE DATA BREACH, INCLUDING BY DELETING ANY INFORMATION NOT RELATED TO YOUR CONFIDENTIAL AND FINANCIAL SITUATION THAT MAY HAVE BEEN STORED ON YOUR COMPUTER OR MOBILE DEVICE. ANY PARTY WHOSE DATA HAS BEEN BREACHED AGREES AND CONSENTS TO LIMITING ANY AND ALL LIABILITY OF CLAIMS AS DESCRIBED HEREIN INCLUDING THAT YOUR LIABILITY SHALL BE LIMITED TO CREDIT MONITORING SERVICE IN ADDITION TO THOSE OTHER RIGHTS AGREED TO HEREIN. IF AMERICOR LEARNS OF A SECURITY OR DATA BREACH AMERICOR MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY SO THAT YOU CAN TAKE APPROPRIATE PROTECTIVE STEPS. BY USING THIS WEBSITE, OR BY PROVIDING PERSONAL INFORMATION TO US, YOU AGREE THAT WE CAN COMMUNICATE WITH YOU ELECTRONICALLY REGARDING SECURITY, PRIVACY, AND ADMINISTRATIVE ISSUES RELATING TO YOUR USE OF THIS WEBSITE. WE MAY POST A NOTICE ON THIS WEBSITE IF A SECURITY BREACH OCCURS. IF THIS HAPPENS, YOU WILL NEED A WEB BROWSER ENABLING YOU TO VIEW THIS WEBSITE. WE MAY ALSO SEND AN EMAIL TO YOU AT THE EMAIL ADDRESS YOU HAVE PROVIDED TO US IN THESE CIRCUMSTANCES. DEPENDING ON WHERE YOU LIVE, YOU MAY HAVE A LEGAL RIGHT TO RECEIVE NOTICE OF A SECURITY BREACH IN WRITING. TO RECEIVE FREE WRITTEN NOTICE OF A SECURITY BREACH (OR TO WITHDRAW YOUR CONSENT FROM RECEIVING ELECTRONIC NOTICE) YOU SHOULD NOTIFY US AT CS@AMERICOR.COM
15.NOTICE Americor Funding may provide you with notices by e-mail, regular mail or postings on any of our public facing websites. Notice shall be deemed given twenty-four hours after we send you an email, unless Americor Funding is notified that the e-mail address we used is deemed to be invalid. Alternatively, Americor Funding may provide you legal notice by mail to a valid postal address, if provided by you through any of our websites. In such case, notice will be deemed given three (3) calendar days after the date of mailing. You may write to us to provide notices in writing at the following address: Americor Funding Adress City, State ZIP
16.ENFORCEMENT. Americor Funding wishes to maintain the Website as a helpful resource for all of its users. As it relates to Americor Funding, You therefore have no reasonable expectation of privacy while using the Website because Americor Funding reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall You permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Americor Funding for use of or with the Website. Moreover, You also acknowledge that any breach, threatened or actual, of this Agreement by You may cause irreparable injury to Americor Funding and/or its licensors, such injury would not be quantifiable in monetary damages, and Americor Funding and/or its licensors would not have an adequate remedy at law. You therefore agree that Americor Funding and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that Americor Funding or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Americor Funding to enforce any provision of this Agreement.
18.TERMINATION. Americor Funding also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with You (including any registered account) in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that Americor Funding shall have the sole right to determine in its reasonable discretion whether You are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. Americor Funding shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of this Agreement in accordance with this section. You may also terminate at any time by ceasing to use the Website. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from Americor Funding and any right to use the Website shall immediately cease upon termination of this Agreement. The provisions concerning feedback, Americor Funding ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.