WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

This web site (the “Site”) is provided by Genesis Financial Solutions, Inc. (“Genesis Financial”) and/or Genesis Bankcard Services, Inc. (“Bankcard Services”) (“we”, “us,” “our,” or “Genesis”). By accessing the Site, you agree to the terms and conditions below.   These terms and conditions apply exclusively to your access to and use of the Site, and do not alter any other agreement you may have with us. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE.

 

USE OF THE SITE:
The Site may be used for obtaining information about us and our products or services, or to transact business with us. In order to access the Site, you must be at least 18 years old and a resident of the United States. We do not knowingly market to, or solicit or collect information from, children under the age of 18.

 

PASSWORDS:
We may establish an account on the Site for you (“Account”) in which you can obtain information, from time to time, about your business with us. Access to your Account at the Site requires you to use a login identification (“Login ID”) and password (“Password”) that you select. You agree to keep your Login ID and Password confidential and not share them with anyone else. We may treat any person using your Login ID and Password to have authority to access your Account and act on your behalf with respect to your business with us.

 

LIMITED LICENSE:
The information contained at the Site, including but not limited to text images (other than certain images licensed from third parties) and their arrangement, are copyrighted by Bankcard Services or Genesis Financial.  All rights reserved.
 
Genesis Credit is a service mark of Genesis.  All other trademarks and service marks are property of Genesis unless otherwise clearly implied as belonging to third parties.  Nothing contained at the Site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or proprietary rights of Genesis of any third party.
 
You are authorized by Genesis to copy, transmit or display any information registered or owned by them on any page of the Site solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page.  The information and material contained at the Site may not otherwise be copied,  transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create derivative work or otherwise used for commercial or public purposes without the prior written consent of Genesis.
The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.  Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

 

USER CONDUCT:
You agree not to: (1) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites; (2) disrupt or interfere with any other person’s access, use or enjoyment of the Site or affiliated or linked web sites; (3) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files; (4) use or attempt to use or access another person's account or personal information, or create or use a false identity on the Site; (5) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and (6) violate any local, state or federal laws or regulations that apply to your access to or use of the Site.

LINKS:

The Site may contain links to third party services and resources. We do not control the availability and content of these third party sites. Some of the Web sites with links at the Site are not under the control of Genesis, but rather are exclusively controlled by third parties.  Accordingly, Genesis makes not representations whatsoever concerning such Web sites.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third party service or resource that provides the content. The existence of a link to a third party site does not constitute our endorsement or recommendation of the third party or the third party's site. WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD PARTY SERVICE OR RESOURCE.  IN NO EVENT WILL GENESIS BE LIABLE TO ANY PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, LOSSES OR EXPENSES, ARISING FROM THE USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
You must receive our prior written permission before creating a link to the Site. Any unauthorized links or false or misleading uses of the Site or our trademarks or service marks are prohibited. You may not use any robot, spider or other device to monitor Content on the Site.
 

INFORMATION PROVIDED BY YOU:
Bankcard Services collects personal information from you when you apply for a loan or accept offers of credit (“Application Information”) through the Site.  This information includes but is not limited to your name, address, phone numbers, social security number, date of birth, and financial information.  This Application Information will be provided to others in accordance with applicable law and the Online Privacy Policy. 
 
All other comments, feedback, and other information disclosed, submitted, or conveyed by you to us (collectively, the “Comments”) shall be and remain our property and may be used and disclosed by us or others without your further permission. Your provision of Comments to us constitutes an assignment to us of all worldwide, transferable rights, titles, and interests in all intellectual properties of the Comments. We may use and disclose your Comments in any way we choose. You warrant that: (i) any use of Comments by us or others will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

 

LIMITATION OF LIABILITIES AND WARRANTIES:

All information provided on the Site (the “Information”) is subject to change without notice. While efforts have been made to make the Site helpful and accurate, we do not warrant the accuracy of the Information. We do not provide a warranty regarding virus-free use of the Site or use of any Content downloaded from the Site.
 
THE SERVICES PROVIDED BY US WITH RESPECT TO THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
 
THESE LIMITATIONS OF LIABILITY SHALL APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
 

VIOLATIONS OF TERMS AND CONDITIONS

Genesis reserves the right to seek all remedies available at law and in equity for violation of these terms and conditions, including the right to block access from a particular internet address to the Site.  You agree to defend, indemnify and hold us and our subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, related to your violation of these terms and conditions arising from or relating to your use of the Site, including the services and information provided at the Site,.

LAWS AND REGULATIONS:
User access to and use of the Site is subject to applicable federal, state and local laws and regulations.  Unauthorized use of this system is prohibited and violators may be prosecuted under federal and state laws.  Oregon law and Federal law will govern the interpretation and enforcement of these terms and conditions.
 

CHANGES:
We reserve the right, at our sole discretion, to modify, add or remove (“Change”) any portion of these terms and conditions in whole or in part, at any time. Changes in these terms and conditions will be effective when posted on the Site. Your continued use of the Site after any Changes to the terms and conditions are posted will be considered acceptance of those Changes. We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability.

 

OUR PRIVACY POLICY:
Our Online Privacy Notice describes the types of information that we may collect when you visit the Site and how we may disclose that information. By using the Site, you agree to the terms of our Privacy Policy.