The Site is available only to individuals who can enter into legally-binding contracts under applicable law. By using this Site, You represent that You are not under the age of eighteen (18), and You further represent You have the capacity to be bound by these terms. If you are using this Site on behalf of a company or other entity, your use of the Site represents your acknowledgment of having the authority to bind such company or entity. By using the Site, You further represent You will refrain from placing or transferring any unlawful, offensive, threatening, defamatory, profane, or obscene material or any other material that may violate, or encourage violation of, any applicable law. Finturf assumes no responsibility or liability for any threat, defamation, profanity, obscenity, or other inaccuracy or misrepresentation contained in or resulting from such prohibited content.
Only by registering on the Site, completing any applicable Finturf Agreement, and receiving approval from Finturf, can You utilize its Network (the “Finturf Network”). The Finturf Network allows Advertisers to connect the consumers they cannot serve to brick-and-mortar locations that may be better equipped to offer the consumer a loan product. Finturf undertakes no responsibility to monitor or otherwise police the activities of Affiliate marketer, Advertisers and/or other third parties. You understand and agree that Finturf will not be responsible for Affiliate marketing and advertising. You agree that Finturf shall have no obligations and incur no liabilities to You in connection with any Affiliate marketing and advertising and other information appearing in the Finturf Network or otherwise made available to You by and through the Site.
Please use caution, common sense and safety when using the Finturf Network and/or other areas of the Site. You are solely responsible for your interactions with other Site-Users including, but not limited to, Affiliates, Advertisers and/or other third parties. In the event that you have a dispute with one or more Affiliates, Advertisers and/or other third parties, You hereby release Finturf including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Finturf reserves the right, but has no obligation, to monitor disputes between You and other Affiliates, Advertisers and/or other third parties.
You agree to indemnify and hold Finturf, its parents, subsidiaries, and affiliated companies, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) Your use of the Site, its content and/or the Finturf Network; (b) Your breach of the Agreement; and/or (c) any dispute between You and any Affiliate, Advertiser, any third party or other entity. The provisions of this paragraph are for the benefit of Finturf, its parents, subsidiaries and/or affiliated companies, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf.
Disclaimer of Warranties
Limitation of Liability
You expressly understand and agree that Finturf shall not be liable to You or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Finturf has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the Site, the Site content, the Finturf Network, and/or any products and/or services that You may apply for through the Site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, the Site and/or the Finturf Network; (c) the failure to be approved as an Advertiser; and (d) any other matter relating to the Site, Site content, the Finturf Network, and/or any products and/or services that You may access through the Site. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release Finturf from any and all obligations, liabilities and claims in excess of the limitation stated herein. If applicable law does not permit such limitation, the maximum liability of Finturf to you under any and all circumstances will be five-hundred United States dollars ($500.00). The negation of damages set forth above is a fundamental element of the basis of the bargain between You and Finturf. The Site, Site content, the Finturf Network, and/or any products and/or services that You may apply for through the Site would not be provided to You without such limitations.
Any content made available from or through the Site are or may be subject to United States export controls. No such content from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using or downloading any Site content, you are warranting that You are not located in, under the control of, or a national or resident of, any such country or on any Restricted List.
Third Party Websites
The Site may provide and/or refer You to links to other Internet websites and/or resources. Because Finturf has no control over such third party websites and/or resources, You hereby acknowledge and agree that Finturf is not responsible for the availability of such third party websites and/or resources. Furthermore, Finturf does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Federal E-Sign Act Disclosure and Consent
Under the federal E-Sign Act and related state laws, with Your consent, Finturf can deliver required information and disclosures to You electronically and can use electronic records and electronic signatures in connection with your transactions with us. Therefore, when an Advertiser completes our electronic form and clicks the “I Agree,” or “Submit” (or such similar button as may be used by Finturf to accept its Agreement(s)), You are agreeing to submit a legally-binding e-signature and thus agree to be bound by the legal Agreement. By doing so, You acknowledge that Your electronic submissions of information constitute Your understanding of and intent to be bound by this Agreement, and You hereby waive Your rights under any statutes, regulations, rules, laws, or ordinances in any jurisdiction that may require an original signature or delivery of non-electronic records.
Any attempt by any individual or entity, whether or not a Finturf customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Finturf will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.