WEBSITE TERMS OF USE

  1. Acceptance of Terms of Use.

You (the “User”) signify and confirm that you have read, understand and agree to be bound by these terms of use (“Terms of Use”) by accessing or using the FCC Finance, LLC (“FCCF”) website at www.FCCfinance.com and all associated pages and services (“Website”).

 

In addition to the Terms of Use, you may enter other agreements with FCCF that will govern your use of the Website or services offered on the Website.  If there is any contradiction between these Terms of Use and another agreement you enter into that is applicable to specific aspects of the Website or services offered on the Website, the other agreement shall take precedence in relation to the specific aspects or services to which it applies.

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

 

  1. Revisions to Terms of Use.

In addition, you acknowledge that FCCF has the right to revise the Terms of Use without prior notice by accessing the Website.  Revisions will be posted on the Website.  Your continued use of the Website following the posting of any such revisions will mean that you accept the changes.

  1. Website use restrictions.

 

Without FCCF’s prior written consent, you may not:

 

  1. use any automated means to access this Website or collect any information from the Website (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);

 

  1. frame the Website, use framing techniques to enclose any content or other proprietary information, place pop-up windows over this Website’s pages, or otherwise affect the display of this Website’s pages;

 

iii. engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information; or

 

  1. use this Website in any manner that violates applicable law or that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website.

 

FCCF may terminate or disable your access to this Website for any reason, with or without cause, including if FCCF believes that you have violated or acted inconsistently with these Terms of Use.

 

  1. User representations.

 

You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Website will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material.  Additionally, you agree not to use automated scripts to collect information from the Website or for any other purpose.  You further agree that you will not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Website.

 

In addition, you agree not to use the Website to:

 

  1. except where authorized by FCCF, register for more than one User account, register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;

 

iii. upload, post, transmit, share, store, or otherwise make publicly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party;

 

  1. upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website; or

 

  1. use or attempt to use another’s account without authorization from that person, or create a false identity on the Website.

 

  1. Information posted on the Website.

 

As between FCCF and you, all content on the Website uploaded, published, or displayed by FCCF, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, is the property of FCCF. No Website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You are solely responsible for the information that you post to the Website. By posting information to the Website, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identification, to the extent you are provided a password and identification; (c) promptly notify FCCF of any changes to information or circumstances that could affect your eligibility to continue using the Website; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

 

  1. Consent to receive documents electronically.

 

By accessing the Website, you agree to receive all documents, communications, notices, contracts, and agreements (including any tax forms) arising from or relating to your use of the Website or any of FCCF’s services electronically.

 

All documents will be provided to you electronically through the Website or via electronic mail to the email address you provide to FCCF. If you require paper copies of documents, you may write to us at the mailing address provided below.

 

You may withdraw your consent to receive documents electronically by contacting FCCF at the following address: FCC Finance, LLC, Post Office Box 795489, Dallas, Texas 75379-5489. If you withdraw your consent to receive documents electronically, FCCF will confirm your withdrawal and its effective date in writing by email. Such withdrawal will take effect for the calendar year in which it is made so long as such withdrawal is made before November 1 of such calendar year.

  1. Intellectual Property.

 

  1. Trademarks

The “FCCF Finance” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress in the United States.  FCCF’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FCCF.

  1. Copyright Complaints

 

If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to FCCF’s designated agent as set forth below:

 

D.S. Berenson, Berenson LLP, 1146 Walker Road, Suite C, Great Falls, Virginia 22066

 

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication including the following:

 

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

 

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site;

 

  1. Identification of the material 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 the material;

 

  1. Information reasonably sufficient to permit 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;

 

  1. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and

 

  1. 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.  

 

  1. Links to other websites.

 

The Website may contain links to other web sites (“Third-Party Sites”). Third Party-Sites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Website. If you decide to leave the Website and access the Third-Party Sites, you do so at your own risk and you should be aware that FCCF’s terms and policies no longer govern.

 

  1. Disclaimers.

 

FCCF reserves the right to change any content contained on the Website and any services offered through the Website at any time without notice.

The Website may be temporarily unavailable from time to time for maintenance or other reasons.  FCCF is not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on the Website, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Website.

 

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Website.

 

  1. Limitation of liability.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT SHALL FCCF BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FCCF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. PLEASE SEE FCCF’S LICENSING PAGE FOR A DESCRIPTION OF STATES IN WHICH FCCF CONDUCTS BUSINESS. THIS WEB PAGE IS NOT INTENDED FOR USE OR VIEWING IN ANY STATE IN WHICH FCCF DOES NOT ENGAGE IN, OR IS NOT LICENSED TO CONDUCT ITS BUSINESS. FCCF DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. 

 

TO THE EXTENT PERMITTED BY LAW, FCCF’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO FCCF FOR THE SERVICE OR PRODUCT AT ISSUE OR $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FCCF FOR A SERVICE OR PRODUCT, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FCCF, REGARDLESS OF THE CAUSE OF ACTION.

  1. Disputes, governing law, waiver of jury trial, venue, and jurisdiction.

 

By visiting or using the Website, you agree that these Terms of Use, and the relationship between FCCF and you, shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.  Venue shall reside in the County of Dallas, State of Texas.

 

For any cause of action initiated against FCCF or any of its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees relating to these Terms of Use or the Website, you and FCCF agree to submit to the exclusive and personal jurisdiction of the courts located in the County of Dallas, Texas. You further agree that any such action shall be resolved individually, without resort to any form of class or collective action. Except as expressly prohibited by law, you expressly waive your right to a jury trial in any such action.

FCCF’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then FCCF nevertheless agrees that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party.  The terms contained herein constitute the entire agreement of the parties with respect to the matters herein.

 

  1. Indemnity.

 

You agree to indemnify and hold FCCF, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Website or any violation of the Terms of Use.