This Website User Agreement (“Agreement”), between you and Collateral Finance Corporation (“CFC”), governs your use of this website (the “Site”). BY USING OR ACCESSING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. If you do not agree to be bound by this Agreement, you must immediately discontinue your use of the Site. To the extent you access products and/or services provided by CFC on or through the Site, those products and/or services are subject to additional terms and conditions of use, as detailed below.
I. OWNERSHIP AND USER LICENSE
A. The Site is owned and operated by CFC. All materials provided on the Site, including without limitation, all text, documents, reports, data, graphics, charts, logos, buttons, icons, images, photographs, audio and video programs, and software (“Content”), are the property of CFC or its content suppliers and are protected by U.S. and international copyright laws and other intellectual property laws.
B. CFC hereby grants to you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to this Agreement on a single computer for noncommercial purposes only, provided that you do not (and do not permit any third party to) reproduce, republish, upload, post, transmit, distribute, publicly display, publicly perform, modify, create a derivative work of, or reverse engineer any Content.
II. RESTRICTIONS
A. Age You represent and warrant that you are at least eighteen (18) years of age. Use of the Site by persons under eighteen (18) years of age is strictly forbidden.
B. Residency You represent and warrant that you are not a resident of any territory within the European Economic Area (“EEA”). Use of the Site by residents of the EEA is strictly forbidden.
III. TERMS AND CONDITIONS
The Site allows users to create personal accounts using personal information such as an e-mail and password. The creation of such a personal account is governed by this Agreement. The Site also allows users to access products and services offered by CFC. These products and services are subject to separate terms and conditions, which will be provided to you in the event your application for such products and services is approved.
IV. REFUND POLICY
If you have been overcharged as a result of a billing error, CFC will refund the amount overcharged by issuing a credit to your account.
V. USER CONDUCT
You agree that you are solely responsible for your use of and reliance upon the Site and your actions on the Site. You further agree: (A) not to use the Site in any manner or for any purpose that violates applicable local, state, national, or international laws, regulations or rules; (B) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and (C) not to attempt in any way to interfere with or disrupt the proper functioning of the Site nor to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. You further represent, warrant and covenant that any and all personal information that you provide through this Site to CFC, is and shall be current, complete and accurate. Moreover, you covenant and agree to maintain and update this information as necessary to keep it current, complete and accurate.
VI. TERM AND TERMINATION
This Agreement and the license granted hereunder shall remain in effect unless terminated in accordance with this Agreement. Either party may terminate this Agreement in its sole discretion at any time. You may terminate this Agreement by ceasing to use or access the Site. CFC may terminate this Agreement by terminating your right to access and use the Site with or without notice to you. Termination of this Agreement, or any other restriction or suspension of your right to access and use the Site, shall not affect any other right or relief to which CFC may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you hereunder will terminate and revert to CFC.
VII. INDEMNITY
You agree to indemnify and hold CFC, its parents, subsidiaries, affiliates, officers, directors, agents, partners, and employees, harmless from any claims, damages, losses and expenses, including all reasonable attorneys’ fees, related to your access to or use of the Site or any violation of any provision of this Agreement.
VIII. INCORPORATION OF PRIVACY POLICY
You acknowledge and consent to the CFC Privacy Policy, which can be found at http://cfcgoldloans.com/privacy-policy and is hereby incorporated into this Agreement.
IX. TRADEMARK INFORMATION
CFC, COLLATERAL FINANCE CORPORATION, and all trademarks, service marks and trade names used on the Site are the property of CFC or their respective owners, and may not be copied, downloaded or otherwise used without the permission of CFC or the owner of such trademark, service mark or trade name.
X. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CFC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CFC MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR BE ACCURATE, COMPLETE, TIMELY, SECURE, OR ERROR FREE, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, NOR DOES CFC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED ON OR THROUGH THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
CFC MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CFC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XI. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL CFC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FAILURE TO STORE YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF CFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
IN NO EVENT SHALL CFC’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES EXCEED THE AMOUNT OF FEES OR COMMISSIONS COLLECTED BY CFC FROM YOU OR SUCH THIRD PARTY IN RESPECT OF THE TRANSACTION(S) TO WHICH CFC’S LIABILITY PERTAINS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XII. NO CONFIDENTIALITY
You agree that information transmitted by you to CFC is not confidential and you acknowledge that you have no expectation of privacy with respect to such information, except as provided under the CFC Privacy Policy, which can be found at http://cfcgoldloans.com/privacy-policy. You agree that CFC and its affiliates shall not be liable for any direct, indirect, special, incidental, punitive, consequential, or other damages or losses caused by the unauthorized use or misappropriation of any and all information that you transmit to CFC.
XIII. NO FINANCIAL ADVICE
You acknowledge and agree that, pursuant to this Site: (A) CFC does not recommend any security, financial product or instrument; (B) CFC does not offer or provide any financial advice or opinion regarding the nature, potential, value, suitability or profitability of any particular financial product; (C) CFC provides no tax, legal or financial advice; (D) any financial decisions you make will be based solely on your own evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs; (E) CFC employees are not authorized to give any such advice and that you will not solicit or rely upon any such advice from CFC or any of its employees; and (F) CFC is not, and your access to information through the Site will not, cause CFC to be an financial advisor with respect to you.
XIV. HYPERLINKS
This Site may contain hyperlinks to third party websites and resources on the Internet (“Linked Websites”). Such hyperlinks are provided only as a convenience. The inclusion of such links on the Site are not endorsements by CFC, implied or otherwise, of the Linked Websites or any products or services offered on such sites, and no information on such Linked Websites has been endorsed or approved by CFC. The Linked Websites are not under the control of CFC. You agree that under no circumstances shall CFC be held responsible or liable, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on any Linked Website. You are not permitted to create hyperlinks leading to this Site without CFC’s consent.
XV. MODIFICATIONS
You acknowledge and agree that CFC may modify this Agreement at any time, and that such modifications shall be effective and binding upon you immediately upon posting to this Site, and that such posting will constitute notice to you of such amendments to the Agreement. It is your responsibility to review this Agreement to apprise yourself of any such modifications to the Agreement.
XVI. MISCELLANEOUS PROVISIONS
In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. CFC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law provisions. You and CFC agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within California. This Agreement, and any modifications hereto, constitute the entire agreement between CFC and you with respect to use of the Site and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Section titles and headings herein are inserted for convenience only and are not intended to be a part of or to affect the meaning or interpretation of these terms and conditions.
XVII. CONTACTING US
If you have questions regarding the Agreement or the practices of CFC, please contact us by e-mail at info@CFCGoldLoans.com or by regular mail at:
Attn: Steven Reiner
Collateral Finance Corporation
2121 Rosecrans Ave Ste. 6301
El Segundo, CA 90245
