1. SCOPE OF THIS AGREEMENT
You may use the Site to apply for a line of credit account (“Account”) and other products and services and services we make available, either directly or through a bank partner, and to access information or communicate with us and/or our bank partner (if applicable) about the Account.
3. SITE CONTENT
4. YOUR USE OF THE SITE
The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting the Site. Covered does not knowingly collect any information from individuals who are under the age of 13. We advise all visitors to the Site under the age of 13 not to disclose or provide any personally identifiable information. To learn more about the Children’s Online Privacy Protection Act (“COPPA”) please visit the Federal Trade Commission (“FTC”) site at www.ftc.gov.
You may view and use the Content contained on the Site only for informational, non-commercial purposes. Any use of the Site or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited. You may not use the Site, any Covered products or services or your Account for any illegal purpose or in violation of any local, state, national, or international law.
You agree not to attempt to log on to the Site or to register for any of the Covered products or services or apply for an Account from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Site from such a country may result in your access being restricted or terminated.
Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Site or the Content is expressly prohibited. You agree that any use of scrapers, robots, or other data-gathering devices not provided by Covered through the Site is expressly prohibited. You agree not to interfere with the operation of the Site or any other party’s use or enjoyment of the Site by (among other things) uploading or disseminating any virus, adware, spyware, worm, or other malicious code, making any unsolicited offers or advertisements to another user of the Site, attempting to collect any data from a third party or another user of the Site without their consent, or otherwise interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or the products and services available through the Site. To the extent that any such attempts constitute a violation of criminal or civil law, Covered reserves the right to seek appropriate redress to the fullest extent available under applicable law.
You may not imply or otherwise represent that you are in any way affiliated with or endorsed by Covered without our express written permission.
Any unauthorized use of the Site or the Content is strictly prohibited. If Covered reasonably believes that you are using the Site or the Content for any unauthorized purpose Covered may immediately restrict or terminate your ability to access and/or use the Site and the Content.
5. COVERED PRODUCTS AND SERVICES
The products and services described on or made available through the Site, including their terms, conditions, availability or pricing, are subject to change. We will provide you with notice of such changes only if required under the Line of Credit Agreement or applicable law. The availability of the products and services described on or made available through the Site may differ depending on geographic locations. By offering information about the products and services on the Site no solicitation is made by Covered to any person whose use of such information or services in geographic locations where such information or services is prohibited by law or is otherwise unavailable. If you apply for an Account through the Site you agree to provide accurate, true, current and complete information during the application process.
6. COPYRIGHT AND TRADEMARK NOTICES
The works of authorship contained on the Site, including but not limited to all Content, are owned (except as otherwise expressly stated) by Covered. Except as may be expressly stated on the Site they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used – in whole or in part – except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of Covered’s proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice as may be contained in the Content when downloaded or printed.
Covered claims certain registered (where so indicated) and unregistered trademarks and services marks in the Content and trade dress of this Site. Unauthorized use or reproduction of any such trademarks and service marks is prohibited.
(B) NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
Covered respects the intellectual property of other parties. We respond to notices of alleged copyright infringement when we receive notice of such infringement, as outlined below. If you believe that the Content of this Site is used or presented in manner that constitutes copyright infringement, you may send us a notice of such alleged infringement by electronic mail to email@example.com
Under applicable law your notice of an alleged copyright infringement must include:
7. LINKS TO OTHER SITES
8. POTENTIAL FOR SITE DISRUPTION
Your access to the Site may, from time to time, be unavailable, delayed, limited or slowed due to, among other things:
9. DISCLAIMER OF WARRANTIES
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, COVERED AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE CONTENT MADE AVAILABLE ON THE SITE. YOU ACKNOWLEGE THAT NEITHER COVERED, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, ALL CONTENT IS PROVIDED “AS IS” TO THE USER OF THE SITE, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE CONTENT. IN NO EVENT WILL COVERED BE LIABLE TO YOU FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE SITE, ANY INCOMPATABILITY BETWEEN THE SITE AND YOUR FILES AND BROWSER, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND THE CONTROL OF COVERED.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL COVERED, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABLITIES INCLUDING (WITHOUT LIMITATION) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOUR RELIANCE ON THE CONTENT, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF COVERED, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
11. YOUR PRIVACY WHEN VISITING THE SITE
13. SEVERABILITY AND MODIFICATION
14. GOVERNING LAW AND JURISDICTION
You agree that your use of the Site shall be governed by all applicable federal laws and the laws of the State of Texas, without giving effect to any principles of conflict of law. To the extent permitted by applicable law, you agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Dallas in the State of Texas.