This Terms of Use and Privacy
Policy states the terms and conditions under which you may use CenterOne
Financial Services, LLC’s website
located at www.CenterOneFinancial.com and any services or information available
through or on the website (collectively, the “Website”). If you do not accept
the terms and conditions stated in this Terms of Use and Privacy Policy, do not
access or use this Website. By using the Website, you are indicating your
acceptance to be bound by the terms of this Terms of Use and Privacy
Policy. CenterOne Financial Services,
LLC (“CenterOne”) may revise this Terms of Use and Privacy Policy at any time
by updating this page. You should visit this page periodically to review any
changes to the Terms of Use and Privacy Policy because the terms and conditions
herein are binding on you, even if they have changed from the last time you
reviewed the Terms of Use and Privacy Policy.
If at any time you find this Terms of Use and Privacy Policy
unacceptable, you may no longer use the Website. The terms "you" and
"user" as used herein refer to all individuals or entities accessing
the Website for any reason.
Your Right to Access and Use the Website
The right to access and use the
Website is personal to you and is not transferable by you to any other person
or entity. You are only entitled to access and use the Website for lawful
purposes and pursuant to the terms and conditions of this Terms of Use and
Privacy Policy.
Any action by you that, as determined by CenterOne, in its sole discretion,
restricts, inhibits or prevents you or any other user from accessing, using or
enjoying the Website shall not be permitted, and may result in your loss of the
right to access and use the Website.
Registration and Passwords
In order to use the Website or
certain parts of it, CenterOne may require that you register and provide CenterOne
with certain contact information including, but not limited to, your name,
mailing address and a valid email address (“User Information”). You acknowledge and agree that we may contact
you at any time for any reason at any of the telephone or fax numbers, mailing
addresses and e-mail addresses you submit and leave a message at such contact
points if you are unavailable, even if you share these contact points with
someone else. We are not responsible for communications that do not reach you
or reach someone else due to spelling mistakes, typographical errors or other
mistakes in your User Information. It is
your responsibility to verify that your User Information is correct and
accurate at all times.
You may also be asked to choose a
password in order to access the Website in the future. You are responsible for
maintaining the confidentiality of your password. You may not share your password
with others. You are responsible for all uses of your password, whether or not
authorized by you. You agree to immediately notify us of any unauthorized use
of your User Information or password. If
you forget your password and request another from us, we may send your new
password to the e-mail address you submitted upon registration. Content on the Website which is accessible
only through registration is confidential and shall be subject to the
provisions of any confidentiality agreement you may have with CenterOne.
Use of the Website
You may use the Website only in
accordance with this Terms of Use and Privacy Policy. Specifically, but without limitation, you may
not:
1.
violate or attempt to violate the security of the
Website, including, without limitation, (a) accessing data not intended for you
or logging into a server or account which you are not authorized to access; (b)
attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Website, or by
overloading, "flooding", "spamming", "mailbombing"
or "crashing" the Website; (d) sending unsolicited e-mail, including
promotions and/or advertising of products or services; or (e) forging any
TCP/IP packet header or any part of the header information in any e-mail or
posting;
2.
delete or revise any material posted by any other
person or entity;
3.
interfere or attempt to interfere by using any device,
software or routine with the proper working of this Website or any activity
being conducted on or through the Website;
4.
use or attempt to use any engine, software, tool, agent
or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search the Website;
5.
attempt to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way making up a part of the
Website;
6.
aggregate, copy or duplicate in any manner any of the
materials or information available from the Website;
7.
frame of or link to any of the materials or information
available from the Website; or
8.
take any action which imposes an unreasonable or
disproportionately large load on the Website's infrastructure.
Privacy Policy
Because we recognize that privacy
issues represent a growing concern for Internet users, this section explains
what information we collect when you use the Website and how we use such
information. At present, we collect anonymous data and personally identifiable
data.
Anonymous data is data that
cannot be traced back to specific users. This information is useful
because it helps us to improve the user experience of our sites. We
collect the visitor’s IP address, as well as aggregated traffic
statistics. We do not deploy cookies on any visitor’s machines.
Personally identifiable data is
data that tells us who you are – for example, your name or email address.
We do not collect any personally identifiable data of yours unless you
volunteer such information to us. If you contact us, we may keep a record
of that correspondence. We only collect email addresses so that we may
respond to users, and do not aggregate email addresses of those who communicate
with us by email for commercial use without your prior consent. All
personally identifiable data collected is for the sole and exclusive use of
CenterOne, its parent and affiliated companies, and their respective officers,
directors, employees, contractors, agents and representatives. By providing CenterOne
with your personally identifiable data, you authorize it to internally share
that information with its subsidiaries and affiliates and their officers, directors,
employees, contractors, agents and representatives and to use that information
for internal purposes. We do not make any personally identifiable
information available to third-parties without your prior written express
consent.
Monitoring
You understand that CenterOne has
no obligation to monitor the Website. However, we reserve the right at all
times to disclose any information as necessary to satisfy any law, regulation
or governmental request, or to refuse to post or to remove any information or
materials, in whole or in part, that in CenterOne’s sole and absolute
discretion are objectionable or in violation of this Terms of Use and Privacy
Policy. You acknowledge that we reserve the right to, and may from time to
time, monitor any and all information transmitted or received through the site,
for operational and other purposes, subject to this Terms of Use and Privacy
Policy. During monitoring, information may be examined, recorded, copied, and
used for authorized purposes in accordance with our Privacy Policy. Use of the
site constitutes consent to such monitoring.
Intellectual Property Rights
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Website, including, without
limitation, "CenterOne Financial Services," and its respective logo,
are Trademarks of CenterOne or their rightful owners. Nothing contained on the Website
should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademark displayed on the Website without the
written permission of CenterOne or such third party owners of the Trademarks.
No special association or relationship is intended by such use, and its use
should not be construed as granting CenterOne any official status with any
third party, unless otherwise noted. Your misuse of the Trademarks displayed on
the Website, or any other content on the Website, except as provided in this
Agreement, is strictly prohibited. You are also advised CenterOne will
aggressively enforce its intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution.
The contents of the Website,
including the "look" and "feel" of the Website, text,
graphics, images, software, services, and other material and information on the
Website, including data which is downloadable from the Website (collectively,
the “Content”) are protected by United States and foreign copyright and
trademark law and treaties and are available for informational and
non-commercial use only. The compilation (meaning the collection, arrangement
and assembly) of all Content on the Website is the exclusive property of CenterOne
and is protected by U.S.
and international copyright laws. You may not copy, share, transmit, reproduce,
create, or use any derivative works from, transfer, or sell any content, text,
graphics, images, software, services or other material and information obtained
from the Website without the express written permission of CenterOne, except
that you may display and occasionally print a single copy of any page on the
site for your personal, internal, non-commercial use. You may not store any
significant portion of, nor distribute copies of, materials found on this site,
in any form (including electronic form), without prior written permission from
CenterOne. You may not copy or adapt the HTML code that CenterOne uses to
create or generate the pages on the Website. All trademarks and service marks
are the property of CenterOne or their respective owners. Unauthorized use may
violate copyright, trademark or other laws.
No Representations or Warranties Regarding Content
You assume all responsibility and risk for using the Website and/or the Content.
The Website and the information provided on it are provided on an "as
is" and "as available" basis, without warranties of any kind,
either expressed or implied. CenterOne disclaims any warranty that your use of
the Website and/or the Content will be error free, or that any software,
information, document or other material accessible from this Website is error
free or free of viruses or other harmful elements. CenterOne assumes no liability for lost data on
the Website, even if input by you, or Content, or responsibility for the
accuracy, completeness, or usefulness of any information, software, apparatus
or process used or disclosed on this Website or any other material accessible
from the Website.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL CENTERONE,
ITS PARENT OR AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT
LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THE WEB SITE AND/OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR
RELIANCE ON ANY CONTENT OR DATA.
THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND
(WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF CENTERONE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE
WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY
SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY
IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF THE COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT
OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification
You promise not to sue CenterOne
and hereby waive any and all claims against CenterOne from any liability
whatsoever arising out of or related to your use of the Website and/or the
Content, acts or omissions in response to your use of the Website and/or the
Content, and acts or omissions of other users related to the Content or use of
the Website. You agree to defend, indemnify and hold harmless CenterOne, its
parent and affiliated companies, and their respective officers, directors,
employees and agents, from and against any claims, actions or demands,
including, without limitation, reasonable legal and accounting fees, alleging
or resulting from your breach of this Terms of Use and Privacy Policy,
submission of Content or use of the Website and/or the Content. CenterOne shall
provide notice to you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit or proceeding.
Enforcement
CenterOne reserves the right to
suspend or terminate access to the Website at any time or delete any Content at
any time in its discretion. Indirect or attempted violations of this Terms of
Use and Privacy Policy and actual or attempted violations by a third party on
your behalf shall be considered violations of this Terms of Use and Privacy Policy
by you. You agree that your access to
and use of the Website is subject to these terms and conditions, as well as all
applicable laws, as governed and interpreted pursuant to the laws of the state
of Florida. Jurisdiction for any claims
arising under the Terms of Use and Privacy Policy or out of your use of the
Website and/or Content lie exclusively with a court of competent jurisdiction
located in Broward County, Florida or the Southern District of Florida, as
appropriate, and you irrevocably consent to the jurisdiction of such court.
You acknowledge that CenterOne
may be irreparably damaged if this Agreement is not specifically enforced, and
damages at law would be an inadequate remedy. Therefore, in the event of a
breach or threatened breach of any provision of this Terms of Use and Privacy
Policy by you, CenterOne shall be entitled, in addition to all rights and
remedies, to an injunction restraining such breach or threatened breach,
without being required to show any actual damage or to post an injunction bond,
and/or to a decree for specific performance of the provisions of this Terms of
Use and Privacy Policy.
Links to Third Party Sites
The Website may contain links to
third party Internet websites ("Linked Sites"). The Linked Sites are
not under the control of CenterOne and CenterOne is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. CenterOne is not
responsible for webcasting or any other form of transmission received from any
Linked Site, nor is CenterOne responsible if the Linked Site is not working
appropriately. CenterOne is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by CenterOne of the
Linked Site or any association with its operators. You are responsible for
viewing and abiding by the privacy statements and terms of use posted at the
Linked Sites.
Equipment and Related Costs
You are responsible for obtaining
and maintaining all telephone, computer hardware and other equipment needed to
access and use the Website, and all costs and fees associated with Internet
access or long distance charges incurred with regard to your access and use of the
Website.
Third Party Rights
This Agreement is for the benefit
of CenterOne, its parent, affiliates, and third party licensors, each of which
shall have the right to enforce and assert the terms and conditions of this
Agreement directly against you on their behalf.
Miscellaneous
If any portion of this Terms of
Use and Privacy Policy is deemed unlawful, void or unenforceable by any court
of competent jurisdiction, this Terms of Use and Privacy Policy as a whole
shall not be deemed unlawful, void or unenforceable, but only that portion of
this Terms of Use and Privacy Policy that is unlawful, void or unenforceable
shall be stricken from this Agreement.
The headings contained in this Terms
of Use and Privacy Policy are for convenience of reference only, are not to be
considered a part of this Terms of Use and Privacy Policy, and shall not limit
or otherwise affect in any way the meaning or interpretation of this Terms of
Use and Privacy Policy.
All covenants, agreements,
representations and warranties made in this Terms of Use and Privacy Policy, as
may be amended by CenterOne from time to time, shall survive your acceptance of
this Terms of Use and Privacy Policy.