Terms & Conditions - AdvantageFinancial

Terms & Conditions - AdvantageFinancial

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This Web site (Web site) is owned by GOLDPoint Finance (GOLDPoint). Your use of this Web site and its services (Services) are subject to the following terms and conditions, including the GOLDPoint Privacy Policy. By using this Web site or the Services, you agree to be legally bound by all of the terms and conditions contained or referenced herein. GOLDPoint may, in its sole discretion, change these terms and conditions and modify the contents of the Web site without notice. Such changes or modifications will be effective immediately upon their posting to the Web site. Your continued viewing or use of the Web site following such posting constitutes your acceptance of any and all such terms and conditions.

Access and Use of Web Site

You agree that as a User, you are authorized to visit, view, and use the Web site for internal use only and not on behalf of any other person or entity. For the purposes of these terms and conditions, a User is a retail dealer of goods or services who has a contractual relationship with GOLDPoint.

You are solely responsible for maintaining the confidentiality of your username and password and for all activities which occur during your use of the Web site. You agree to immediately notify GOLDPoint of any unauthorized use of your password or any other breach of security known to you.

GOLDPoint will place information and materials concerning GOLDPoint and consumer retail installment applications and contracts on the Web site for you to review and use. All software on the Web site and all information and materials on the Web site are the property of GOLDPoint or its licensors and are subject to U.S. and international copyright, trademarks, and other proprietary rights and intellectual property rights laws. Except as expressly permitted under copyright law, no use of information or material from the Web site is permitted except expressly in accordance with these terms and conditions or with the express written permission of GOLDPoint and any other applicable copyright owner. You agree that you do not acquire any ownership rights by virtue of downloading any copyrighted material from the Web site. All rights not expressly granted hereunder are expressly reserved for GOLDPoint.

You represent and warrant to GOLDPoint that any information you submit to GOLDPoint through your use of the Web site including, but not limited to, any information related to a consumer retail installment application, or contract, is accurate and not misleading.

Links to Third-Party Web Sites

This Web site may contain links to other Web sites operated by third parties. Unless GOLDPoint advises you otherwise in writing, any such linked sites are not under the control of GOLDPoint or its affiliates. GOLDPoint is not responsible for the content of any third-party site. Links to other Web sites do not imply GOLDPoint’s endorsement or approval of material on any other site. It is your sole responsibility to take any necessary steps to ensure that material selected from such linked sites is free of viruses, worms, Trojan horses, and other harmful items. GOLDPoint and its affiliates are not responsible for and expressly disclaim all liability for damages of any kind arising out of your use of, reference to, or reliance on information contained in such linked, third-party sites.

Warranty Disclaimer

You expressly agree that your use of this website is at your sole risk. The content, services, information and access to the website are provided on an “as is” and “as available” basis. GOLDPoint Finance and its affiliates expressly disclaim any and all warranties of any kind, express or implied, including, but not limited to, any warranties of accuracy, reliability, noninfringement, merchantability or fitness for a particular purpose. GOLDPoint Finance and its affiliates do not warrant that access to the website or use of the website or transmission to or from the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes the website available are free of viruses or other harmful components. GOLDPoint Finance does not warrant or make any representations regarding the use or the results of the use of the website in terms of its quality, correctness, accurate, reliability, or otherwise.

All such warranties and conditions are excluded and disclaimed to the fullest extent permitted by applicable law.

Limitation of Liability

GOLDPoint, its affiliates, and the officers, directors, employees, or representatives of any of the foregoing, are not liable in any way for any direct, indirect, special, punitive, or consequential damages arising out of or in connection with this Web site, the use of this Web site, a linked Web site, or with the delay or inability to use this Web site or a linked Web site. This limitation includes, but is not limited to, the transmission of any viruses or harmful code that may affect a user's equipment, any incompatibility between this Web site's files and the user's browser or other Web site accessing program, failure of any electronic equipment, telephone equipment, or communication or connection lines, unauthorized access, theft, operator error, or any force majeure. GOLDPoint does not guarantee continuous, uninterrupted, or secure access to this Web site or a linked Web site. The content, accuracy, and other links provided by the linked Web sites are not investigated, verified, monitored, or endorsed by GOLDPoint. The information, software, products, and description of services published on this Web site or a linked Web site may include inaccuracies or errors and GOLDPoint specifically disclaims any liability for such inaccuracies or errors.

You agree to indemnify, defend, and hold harmless GOLDPoint, its affiliates and service providers, and the officers, directors, employees, and representatives of any of the foregoing, from and against any and all claims, actions proceedings, damages, and costs, including attorney's fees related to or arising out of your use of this Web site and/or the services, actions, or omissions of any third parties that have sites linked to the Web site, GOLDPoint reliance on instructions that are accompanied by your username, password, or any other security device, or your breach of these terms and conditions.

Waiver and Severability

No delay or failure by GOLDPoint to exercise any right with respect to these terms and conditions shall be interpreted to be a waiver of any rights by GOLDPoint. If any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, the unenforceable provision will be modified by the court solely to the extent necessary to cause such provision to be enforceable and remaining terms and conditions shall be unaffected and shall remain binding on you.

Governing Law

These terms and conditions and your use of this Web site shall be governed by all applicable federal laws of the United States of America and the laws of the State of Utah. You consent to the exclusive jurisdiction of courts sitting in the State of Utah in all disputes arising out of or relating to the contents or use of this Web site.

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