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Lendmark Terms of Use

Last Updated: March 26, 2024

1. INTRODUCTION

A. General

These Terms of Use (the “Terms of Use”, “Terms” or “Agreement”) constitute a binding agreement between you (“User”, “you”, or “your”) and Lendmark Financial Services, LLC and its subsidiaries and/or affiliates (“Lendmark”, “we”, “us”, or “our”) governing your access and use of each website, customer account portal, mobile site, application, online function, product, and/or other service owned, controlled, provided by or otherwise made available to you by Lendmark that links to these Terms of Use (collectively, the “Service”). The Service also includes any information, functionality, updates, or solutions made available through the Service. Your submission of registration and other personal information through the Service is governed by Lendmark’s Online Privacy Policy and is hereby incorporated into these Terms of Use by this reference. These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with us for products, services, or otherwise, unless otherwise agreed to by us in writing.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY SERVICE, PROVIDING ANY INFORMATION TO US THROUGH THE SERVICE, OR COMPLETING ANY REGISTRATIONS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATION OF LIABILITY, A DISPUTE RESOLUTION CLAUSE, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS.

By clicking “I Agree” (or similar button) to accept or agree to these Terms when this option is made available to you and/or by accessing and/or using of the Service, including without limitation any registration on any aspect of the Service, you (i) acknowledge and agree that you have read and understand these Terms as well as our Online Privacy Policy, which is incorporated by reference; (ii) represent and warrant that you have full legal authority to enter into this Agreement; and (iii) accept these Terms of Use and agree that you are legally bound by them and the Online Privacy Policy. Certain sections of the Website, the Online Customer Portal and the Mobile Application may contain separate terms and conditions in addition to these Terms of Use. If there is a conflict between any of their provisions and these Terms of Use, the additional terms and conditions shall govern. If you do not agree with these Terms of Use and our Online Privacy Policy, do not access, visit, register and/or use any of our Services and immediately exit this Website.

The Service is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. If you are under the age of 18, please do not access the Service. Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Service for which registration is required. These Terms of Use may be modified from time to time in our sole discretion. The date of the most recent revisions will appear on the top of this page, so check back often. Your continued access and/or use of the Service following the posting of any revisions will constitute your acceptance of any changes or revisions to the Terms of Use.

The Service is controlled and operated by Lendmark from the United States and is not intended to subject Lendmark to the laws or jurisdiction of any state, country, or territory other than that of the United States. Lendmark does not represent or warrant that the Service or any part thereof is intended for, appropriate, or available for use in any particular jurisdiction other than the United States.

B. Definitions

"Access Information" means any or all of the following information: your Account number, user name, password and any other security or access information to your Account.

"Account" means an active or inactive Lendmark Loan Agreement and its payment history, outstanding balance and other information, whether the Loan Agreement is solely in your name or if there are other persons or entities on the same loan with you.

"Account Holder" means any person(s) or entity who is singularly or jointly responsible for the obligations on the Account.

“Content” means any text, image or other material that appears on this website as part of the Service.

“Loan Agreement” means the promissory note or retail installment sales contract and security agreement and other documentation related to a loan that we have made to you.

“Mobile Application” means our mobile app, Lendmark Mobile, available through Apple’s App Store or Google Play.

“Online Customer Portal” means the online portal available at www.mylendmark.com.

"Online Services" means services offered by us through this website or any future digital distribution platforms (such as a website, software program or mobile application) or other forms of media not yet developed that are available to Account Holders.

“Website” means the website located at www.lendmarkfinancial.com.

2. ONLINE SERVICES

A. Services That We Provide

You may use the Service to learn about product and service offers that we may make available on the Website and to link to our Online Customer Portal or Mobile Application where you can create online access to your Account. You can also use the Service to obtain information about your Account or to make payments on your Account. By offering information, products or services through the Service, no solicitation is made by us to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by applicable law.

B. Links to Third-Party Websites

These Terms are only applicable to the Services and do not apply to any third-party websites. Our Website and other Services contain links to third-party websites in order to support online payments to your Account. Please be advised that these links are to external websites that are independent of our Website and other Services and we exercise no control over the content or services of that third-party website.

Because of the dynamic media capabilities of our Services, it may not be clear to you which links are to the Services and which are to external, third-party websites. If you click on an embedded third-party link, you will be redirected away from our Services to the external third-party website. You can check the URL to confirm that you have left our Website or other Services.

If you choose to link to a third-party website, we cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection nor use of your personal information; (iii) endorse any third party information, products, services, or websites that may be reached through embedded links on the Website or other Services; and (iv) makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

C. Marketing Preferences

We may ask you to indicate your preferences for how we can market to you. Once you have indicated your preferences, we will endeavor to honor your request. All marketing will be done in accordance with applicable state and federal laws and our Financial Privacy Policy.

D. Online Payments

1. General Description of Online Payment Features. Online bill payment ("Online Payment") is a service we make available to our Account Holders through a third-party payment processor (the “Payment Processor”) that we have selected to support this feature. You may use Online Payment to authorize a one-time payment on your Account(s). You acknowledge that the origination of electronic debit transactions from your bank account must comply with the current laws of the United States and the rules, as they may be changed from time to time, of the National Automated Clearinghouse.

2. Payment Processor. You understand and acknowledge that the Payment Processor manages the routing and processing of all required information to process Online Payments. We are not affiliated with the Payment Processor and neither we nor the Payment Processor is an agent of the other. In making an Online Payment, you may be redirected to an external website operated by a Payment Processor and the processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Use or other incorporated agreements. You acknowledge and agree that we shall not be liable to you for any claims arising out of any act or omission on the part of the Payment Processor including, but not limited to, any lost, stolen, or incorrectly processed payments. We expressly disclaim any responsibility and liability for all services provided by a Payment Processor.

3. Your Online Payment Responsibilities. Regardless of the payment amount or payment effective date you schedule using Online Payment, you are responsible for complying with all of the terms and conditions of your Account, including, without limitation, your agreement to make all payments when due and in the amount required by your Loan Agreement. When using Online Payment, you should schedule your payment in amounts and with an effective date that will satisfy your payment obligations. If you do not make a payment when due and in the amount required, we will have the rights and remedies available under your Loan Agreement or as otherwise available to us at law or in equity.

4. Payment Funds. Adequate funds must be available in the bank account where your payments are coming from when an Online Payment is processed. By authorizing an Online Payment, you represent and warrant that you have the legal right to use the bank account designated to make the payment and the bank account contains adequate funds for the amount of the designated Online Payment. If a scheduled Online Payment fails due to insufficient funds for the full payment amount initiated, the Account will not receive credit for the payment. You are responsible to make timely payments for the amount owed in accordance with the Loan Agreement and these Terms of Use. If you believe that an unauthorized transaction has taken place regarding any Online Payment, you agree to notify us immediately so that we may take action to prevent potential financial loss.

5. Online Payment Fees. While we do not currently charge any payment transaction fee to use Online Payment, our Payment Processor may charge you a fee to accept your payment. We do not receive any portion of the fee that the Payment Processor may charge you. More information about the applicable fee can be found when you click on the link to the Payment Processor's website. In addition, you will be responsible for paying any amount you may owe other persons or companies related to the use of Online Payment or any bank account linked to Online Payment. For example, your bank may charge a fee in connection with electronic payments taken from your account with them for your Account with us. Nothing herein relieves you of your responsibility to pay any amount, fee or charge you may owe us under your Account.

6. Failure to Effect Payment and Liability for Such Payments. If you attempt to make payments on your Account through this Website or other Services, or through an authorized third party acting on our behalf we will use reasonable efforts to complete bill payments according to your instructions. However, neither we nor any third-party service provider acting on our behalf will be liable in any way (including, but not limited to, payment processing errors or fees) if:

a. Through no fault of ours or our authorized third party, you have insufficient funds or credit in your bank account to complete a payment transaction, or if your bank account has been closed;

b. The Online Payment feature is not working properly and you knew or were told about the malfunction before you started the transaction, or should have reasonably been able to tell that something was wrong;

c. You do not provide us with complete, accurate, and current payment and contact information, or if you otherwise do not give complete, correct, and current information to properly complete the requested transaction;

d. You do not authorize a bill payment in time for your payment to be made and credited to the Account by the due date;

e. Withdrawals from your bank account have been prohibited by an order from a court of proper jurisdiction for such things as a garnishment or other legal process;

f. We or our authorized agent reasonably believe that a transaction may be unauthorized or fraudulent;

g. Your computer, mobile phone, wireless service or any related equipment or software is, or was, not working properly; or

h. Circumstances beyond our, or our authorized third party's control prevent completing an online bill payment including, but not limited to, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters, terrorist acts or war.

3. ACCOUNT REGISTRATION AND SECURITY

A. We may at times require that you register and create an account or provide other information to access and use certain portions of the Service. Such information may include your name, telephone number, email address, street address, a password and/or User ID (whether provided by us or chosen by you), payment information such as financial account, debit, or credit card number and other information as may be required to complete your registration and create your account (collectively referred to with all information requested to enable your account as “Registration Information”).

B. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you agree to update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service, please notify us as described in the “Contact Us” section of these Terms. The failure to do so may further limit your ability to use the Service and affect the accuracy and effectiveness of the same.

WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.

C. We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for the Service. We further reserve the right to withdraw or amend the Service and any product, solution, or material we provide as part of the Service. We will not be liable if for any reason all or part of the Service is unavailable at any time or for any period. From time to time, we may restrict parts of the Service, or the entire Service, to you.

D. You agree that you will be solely responsible for securely managing and maintaining the confidentiality of your Registration Information including, without limitation, any usernames, passwords, personal identification numbers, and any other codes that you use to access the Service. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.

E. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions that are initiated by use of your Registration Information.

F. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you agree to notify us immediately. You further agree to immediately change the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately notify us as described in our Privacy Policy. You should regularly log into the Service to ensure that no unauthorized activity has occurred.

4. MOBILE PARTICIPANTS

You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use the Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. Standard data rates may apply.

We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Terms of Use are between us and you, and the Mobile Participants are not parties to them; (ii) the Mobile Participants and their parents, subsidiaries and affiliates are third party beneficiaries of the Terms of Use and upon your acceptance of the terms and conditions of them, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third-party claim that the Service or your possession, access, visitation and/or use of the Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.

5. COMMUNICATIONS TO YOU, USAGE DATA, YOUR DATA

A. The communications between you and us usually use electronic means, whether you access, visit or use the Service, send us messages, or whether we post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.

B. You understand and agree that joining the Service may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.

C. In order for us to provide the Service, you grant to us a non-exclusive, transferrable, sublicensable, irrevocable, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered into the Service (“Data”) to the extent necessary for us to: (1) provide the Service; (2) perform our obligations under these Terms of Use; (3) attribute content to you; (4) compile analyses and statistical information from Data regarding usage or performance of the Website or other Services and user engagement; (5) provide, monitor, correct, enhance, and improve the Service and perform services related thereto; (6) develop new products or services; and (7) accomplish other internal business purposes or as described in our Online Privacy Policy and GLBA Privacy Policy.

D. You also grant to us a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that we have and retain exclusive and valid ownership of all Deidentified Data. We shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Service and related systems and technologies (“Usage Data”), and you acknowledge and agree that we have and retain exclusive and valid ownership of all Usage Data. We will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Online Privacy Policy and GLBA Privacy Policy.

6. MONITORING AND CONSENT TO COLLECT TECHNICAL DATA

A. Monitoring

We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service to foster compliance with these Terms of Use. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use.

B. Consent to Collect Technical Data

We may collect technical information and use certain technologies, including pixel technology to collect and analyze technical data relating to the provision, use and performance of the Service, and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Website, your browser type and version, time zone setting, operating system and platform, and information about your visit to the Website or other Services, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website, including the date and time. By visiting and using the Website or other Services, you hereby consent to and agree to the pixel technologies or other software, our collection of this data by us and that we will be free (during and after the term hereof) to (i) use such data to improve and enhance our Website and other Services and for other development, diagnostic, and corrective purposes in connection with the Website and our Services; (ii) disclose such data in aggregated or de-identified form in connection with our business; and (iii) otherwise use and disclose such data as set forth in our Online Privacy Policy.

7. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT NOTICES

A. Ownership

The Service and its entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by and the exclusive property of Lendmark, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights to the Service, or any services offered through the Service, through this Agreement or by use of the Service. You acknowledge and agree that we have and retain exclusive and valid ownership of all anonymized statistical information regarding use of the Service. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Service without our prior written approval.

B. Ideas.

You may suggest improvements and/or communicate to us ideas, feedback, inventions, discoveries, or concepts (“Ideas”) during the term of this Terms of Use, and you and us may discover or create the Ideas jointly with us. Such Ideas may include ideas for new or improved products, services, concepts, know-how, and/or techniques. You agree that any such Idea shall be and remain solely the property of Lendmark and/or its licensors and may be used and sold, licensed, or otherwise provided by us and/or our licensors to third parties, or published or otherwise publicly disclosed, in our and/or our licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to us any and all of your right, title, and interest in and to any such Ideas.

C. Complaints About the Service and the Content

1. If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;

c. Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;

d. Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

e. A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

By Email: domainnameadmin@lendmarkfinancial.com (Please include “Notice of Infringement” in the subject line.) By Mail: Copyright Manager, Lendmark Financial Services, LLC, 2118 Usher Street, Covington, GA 30014. Note: The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as privacy or product-related questions and requests will not receive a response through this process.

8. RULES OF CONDUCT

A. Use of the Service by You

1. You may use the Service only for lawful purposes and in accordance with these Terms of Use, the Online Privacy Policy, and any other applicable agreements. Transmitting, distributing, or storing any material that violates any applicable law, the Online Privacy Policy, and/or these Terms is prohibited.

2. You shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Service or any Content.

3. If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s).

4. You agree not to impersonate or attempt to impersonate Lendmark, a Lendmark employee, another user or any other person or entity (including, without limitation, by using email addresses identifying information associated with any of the foregoing).

B. Prohibitions on Use of the Service

1. Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:

a. use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), or promote any illegal activity, or advocate, promote, or assist any unlawful act;

b. use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Service, including without limitation to post, upload, transmit, send, or make available other Content on or through the Service;

c. copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;

d. make any representations that are likely to deceive any person or give an impression that materials or content emanate from or are endorsed by us or any other person or entity, if that is not the case;

e. transmit, or procure the sending of, any advertising or promotional material, including any “spam” or other similar solicitation or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of privacy or publicity rights, or otherwise objectionable;

f. copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by us;

g. directly, indirectly, lone, or with another party, copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;

h. copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content;

i. conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to the Service without our express written consent;

j. access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, alter, monitor, tamper or interfere with, the Service including without limitation any content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise;

k. post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature; or

l. Otherwise attempt to interfere with the proper working of the Service.

2. If you breach, violate, fail to follow, or act inconsistently with these Terms of Use, we may terminate, discontinue, suspend or restrict your Account Information, your Account access or any other use of the Service.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way related to: (i) your access, visitation and/or use of the Service, your Content, unauthorized use of Content obtained on or through the Service; (ii) breach or alleged breach of these Terms of Use or our Online Privacy Policy; (iii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right; (iv) any violation or alleged violation of applicable law by you; (v) any claim that content provided by you caused damage or loss to a third party; or (vi) from any of your acts or omissions. This defense an indemnification obligation will survive your use of the Service and any termination of these Terms of Use or the Online Privacy Policy.

If you use the Service or related systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in our systems, you shall indemnify, defend, and hold harmless Lendmark and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting Lendmark’s rights or your obligations under any other provision of these Terms, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and Social Security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Lendmark’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by Lendmark of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through Lendmark’s Service or systems.

10. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT ARE AWARE OF ANY SUCH PURPOSE), INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICE FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, THE WEBSITE, ANY CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, MOBILE DEVICE, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF LENDMARK AND ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED OT THE FULLEST EXTENT PERMITTED BY SUCH LAW.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL LENDMARK, ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND CLAIMS OF THIRD PARTIES) WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER NAY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THE SERVICE, YOU AGREE THAT THE AGGREGATE LIABILITY OF LENDMARK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE BANK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".

12. CLASS ACTION WAIVER AND JURY TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.

You and Lendmark agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Lendmark may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who otherwise cannot bring their own individual claim. This also means that you and Lendmark may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or Lendmark may participate in a class-wide settlement.

To the fullest extent permitted by law, you and Lendmark waive any right to a jury trial.

13. SERVICE CONTENT AND MATERIALS

The information on the Website and any other Service is for informational purposes only. We use reasonable efforts to update the information on our Service and the Content on our Service may be updated from time to time without notice. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness, or usefulness of this information (including any product, service, description, photograph, or other information). Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or any anyone who may be informed of any of its contents.

14. SUITABILITY

Loans or other financial instruments mentioned on the Website or any other Service may not be suitable for all individuals or in all geographic areas. Your particular needs, objectives, and financial situation were not taken into account in the preparation of the Website, Service, or any Content contained therein. You must make your own independent decisions. The fact that Lendmark has made available to you through the Website or other Service information regarding loans or other financial instruments constitutes neither a recommendation that you enter into a particular transaction nor a representation that any financial instrument is suitable or appropriate for you. You should evaluate each loan and/or financial instrument in light of your particular needs, objectives, and financial circumstances.

15. GOVERNING LAW

All matters arising out of or related to your use of this Website or any other Service and the Terms of Use shall be governed by the substantive laws of the State of Georgia, without regard to its conflict of laws provisions. You and we agree to submit to the sole and exclusive jurisdiction and venue of the state or federal courts located in Atlanta, Georgia. If any portion of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired. Any cause of action arising out of or related to the Terms of Use shall be filed no later than one (1) year after the alleged cause of action accrues or shall be time-barred.

16. MISCELLANEOUS

A. Waiver and Severability.

No waiver by Lendmark of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Lendmark to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provision of the Terms will continue in full force and effect.

B. Force Majeure

Lendmark shall not be liable for any failure to perform its obligations under this Terms of Use if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Lendmark and not due to Lendmark’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.

17. UPDATES TO TERMS OF USE

We may modify these Terms of Use from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms of Use from time to time so you are aware of any changes. However, if we make material changes to these Terms of Use, we may also notify you either through the email address you have provided us or by means of a prominent notice on the Service before the change becomes effective. Any changes to these Terms of Use will be in effect as of the “Last Updated” date referenced at the top of these Terms of Use. Your continued use of the Service constitutes your binding acceptance to these Terms of Use, including any changes or modifications that we make. If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use or access the Service.

18. CONTACT US

All feedback, comments, requests for technical support, and other communications relating to the Website, Service, or these Terms of Use should be directed to:

In Writing: Lendmark Financial Services, 2118 Usher Street, Covington, GA 30014

By Telephone: 1-866-413-8340