Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.


This web site (the “Site”) is provided by Genesis Financial Solutions, Inc. and/or its subsidiaries, Genesis FS Card Services, Inc. and/or Genesis Lending Services, Inc. (“we”, “us” or “our”). By accessing the Site, you agree to the terms and conditions in this agreement (“Agreement”). This Agreement applies exclusively to your access to and use of the Site, and does not alter any other agreement you may have with us. References to ‘you” or “your” in these Terms of Use shall mean the individual accessing this site and the entity that employs such individual.


USE OF THE SITE:

The Site may be used only for the purposes of your agreement with us or our affiliate/subsidiary. 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 submit and retrieve information related to applications that you are submitting or have submitted. Access to your Account at the Site requires you to use a login identification (“Login ID”) and password (“Password”) that have been assigned to you. 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:

We grant you a non-exclusive, non-transferable, limited right to access and use the Site, and all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials (“Content”) on the Site, solely in connection with your agreement with us and/or our affiliate or subsidiary You agree that: (1) you will not obtain any ownership or title to the Content; (2) you may not modify the Content, or sell, assign or transfer the Content to any person; (3) you may not reproduce, disclose, display or distribute the Content in any public or commercial manner, except as otherwise specifically authorized by us; and (4) you will not alter or remove any copyright notice, proprietary legend or other notice contained in any Content.


The Site as a whole, and all Content, is protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to us, unless otherwise noted. The Site contains our service marks, including, but not limited to Genesis Credit. All rights in the intellectual property relating to the Site and any Content are reserved, and you agree not to take any action to register or otherwise interfere with or challenge any intellectual property rights relating to the Site or the Content.


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:

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 is prohibited. You may not use any robot, spider or other device to monitor Content on the Site.


INFORMATION PROVIDED BY YOU:

All comments, feedback, and other information disclosed, submitted, or conveyed by you to us (collectively, the “Comments”) shall be governed by your agreement with us. 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 DAMAGES:
Unless otherwise provided in your agreement with us and/or our subsidiary or affiliate:

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.


INDEMNITY
Unless otherwise provided in your agreement with us and/or our subsidiary or affiliate:

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, arising from or relating to your use of the Site, except to the extent that we fail to perform our express obligations to you under this Agreement.


MANDATORY ARBITRATION
Unless otherwise provided in your agreement with us and/or our subsidiary or affiliate:

Any claim, dispute, or controversy between you and us or any holder of this Agreement, or the employees, agents or assigns of any of them, arising from or relating to the Site or this Agreement (or any prior agreement between you and us with respect to the Site), or the relationships which result from this Agreement (“Claim”), including but not limited to any tort or statutory Claim, and any Claim seeking monetary, equitable, or other relief will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside. Rules and forms of the NAF may be obtained and all claims will be filed at any NAF office, www.adrforum.com or by calling 1-800-474-2371.


You and we will each be responsible for paying our own fees, costs and expenses and the arbitration fees as designated by the Code. However, for a Claim of $15,000 or less, if you so request in writing, we will pay your arbitration fees due to the NAF; for a larger Claim, we will consider any request to pay your fees due to the NAF. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. We will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed, or appealed to a different court. The arbitrator will apply all applicable substantive law.


The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.


CHANGES:

We reserve the right, at our sole discretion, to modify, add or remove (“Change”) any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when posted on the Site. Your continued use of the Site after any Changes to this Agreement 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.


ENFORCEMENT AND CHOICE OF LAW:
Unless otherwise provided in your agreement with us and/or our subsidiary or affiliate:

This Agreement shall be governed by the laws of Oregon, without regard to its conflict of laws principles. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, all of the Arbitration provisions in this Agreement shall be unenforceable.


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.


ENTIRE AGREEMENT:

Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from us, these terms constitute the entire agreement between you and us governing your use of this Site. Should any provision in these terms conflict with the terms of any other agreement applicable to any products or services accessed, requested or purchased by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply.


Last Updated:  February 11, 2013