Access and Use of Web Site
You agree that as a User, you are authorized to visit, view and use the Website for internal use only and not on behalf of any other person or entity. For the purposes of these terms and conditions, “User” means a retail dealer of goods or services who has a contractual relationship with Lendmark Financial Services.
You are solely responsible for maintaining the confidentiality of your User name and password and for all activities which occur during your use of the Website. You agree to immediately notify Lendmark Financial Services of any unauthorized use of your password or any other breach of security known to you.
You represent and warrant to Lendmark Financial Services that any information you submit to Lendmark Financial Services through your use of the Website including, but not limited to, any information related to a consumer retail installment application or contract, is accurate and not misleading.
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. Lendmark Financial Services 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. Lendmark Financial Services 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. Lendmark Financial Services 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
Lendmark Financial Services, 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 website or the use of this website or a linked website or with the delay or inability to use this website or a linked website. 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 website's files and the user's browser or other website accessing program, failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator error, or any force majeure. Lendmark Financial Services does not guarantee continuous, uninterrupted or secure access to this website or a linked website. The content, accuracy, and other links provided by the linked websites are not investigated, verified, monitored or endorsed by Lendmark Financial Services. The information, software, products and description of services published on this website or a linked website may include inaccuracies or errors and Lendmark Financial Services specifically disclaims any liability for such inaccuracies or errors.
You agree to indemnify, defend and hold harmless Lendmark Financial Services, 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 website and/or the services, the actions or omissions of any third parties that have sites linked to the website, Lendmark Financial Services reliance on instructions that are accompanied by your user name, password or any other security device, or your breach of these terms and conditions.
Waiver and Severability
No delay or failure by Lendmark Financial Services to exercise any right with respect to these terms and conditions shall be interpreted to be a waiver of any rights by Lendmark Financial Services. 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.
WEB SITE SECURITY
By using, accessing and/or downloading information contained on this Website, you acknowledge and agree that you will not store, reproduce or otherwise make use of information in any manner that would be in violation of any federal, state or local laws or regulations, including without limitation, any copyright laws.
If you are a minor, you may browse our Website, but you may not apply for credit. This Website is not designed for children and we do not knowingly collect non-public personal information from any underage individuals.
The Website may contain links to or from other websites. We are not responsible for the privacy practices or content of other websites.
In no event shall Lendmark be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information contained on this Website or the transmission or delivery of all or any part thereof, or for any damages arising therefrom. Although Lendmark uses and applies technological safeguards, we do not warrant or guarantee the accuracy, adequacy, quality, validity, completeness or suitability of any information for any purpose whatsoever, and we do not warrant or guarantee that any information will be free of infection by viruses, worms, Trojan horses or any other contaminating or destructive properties.