WEBSITE USER AGREEMENT

Terms of Use

READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN.

BY UTILIZING THE WEBSITE LOCATED AT www.GreenPointeFinancial.com, REQUESTING THAT GREENPOINTE CONTACT YOU REGARDING CREDIT REPAIR OR DEBT SETTLEMENT SERVICES, OR ENGAGING GREENPOINT FINANCIAL’S CREDIT REPAIR OR DEBT SETTLEMENT SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES, AND YOU SHOULD NOT USE THIS WEBSITE.

This Website Terms of Use is between you and GreenPointe Financial, LLC, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (“GreenPointe,” “we” or “us”), with a principal mailing address of 60 Carlson Road, Suite 10, Rochester New York 14610 notwithstanding the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content.

GREENPOINTE FINANCIAL RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE POSTED CHANGES TO THESE TERMS, YOU AGREE TO THESE TERMS AS MODIFIED. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING.

According to Federal law, we are providing the following separate written statement for your review and to acknowledge receipt thereof, which, according to the requirements of Federal law, will also be delivered with any contract for credit report repair services entered into with GreenPointe Financial, LLC.

Disclaimer

The materials included in The Site are for general information and do not constitute legal advice. They are not intended to be a substitute for obtaining legal advice from legal counsel. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE SITE ARE FOR INFORMATION PURPOSES ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE, THEREFORE. YOU MUST RETAIN LEGAL COUNSEL FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES. GreenPointe Financial, LLC does not represent or endorse the accuracy or reliability of any advice, statement, or other information displayed or distributed through greenpointefinancial.com. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. GreenPointe Financial, LLC reserves the right to correct any errors or omissions in any portion of The Site at any time we (GreenPointe) deem necessary.

Termination

YOUR ACCESS TO AND USE OF THIS SITE OR A RELATED GREENPOINTE WEBSITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR NO REASON BY YOU OR BY GREENPOINTE FINANCIAL LLC.

Privacy Policy

By using GreenPoint’s website, requesting that GreenPointe contact you about its credit repair services, or engaging our services, you acknowledge you have reviewed GreenPoint’s privacy policy and agree to its terms.

Use of Information

WE MAY, SUBJECT TO AND PER OUR PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING THE SITE. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH DATA BEING SO USED. FURTHER, AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WITHIN THE UNITED STATES PER OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. Information on how and what type of data (if any) is held about you can be obtained by clicking here to review our privacy policy or contacting us.

Website Updates

GreenPointe Financial reserves the right to make changes to The Site, including the availability of any feature, database, content, web page materials, product information, and prices on The Site at any time without notice or liability. GreenPointe may also impose limits on certain features and services or restrict our access to parts or all of The Site without notice or liability.

Transmission of Information

You acknowledge that transmissions to and from The Site are not confidential, and your Communications may be read or intercepted by others. Any unprotected email communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an email sent by you to us or email sent by us to you or an email sent by us to you yet inadvertently delivered to a foreign recipient or anyone you designate, at your request.

Violators of this section who use our services for any illegal purpose, including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting Communications to GreenPointe Financial, LLC, no confidential, contractually implied or another relationship is created between you and GreenPointe Financial, LLC other than under these Terms of Use and any subsequent written agreement entered into with GreenPointe Financial, LLC.

Limitations of Liability

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS, AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GREENPOINTE FINANCIAL, LLC AND ITS SUBSIDIARIES AND PARTNERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED/ USED SITE OR PLATFORM; I.E., EMAIL. FURTHER, GREENPOINTE FINANCIAL, LLC AND ITS SUBSIDIARIES AND PARTNERS/AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GREENPOINTE FINANCIAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GREENPOINTE FINANCIAL, LLC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE SITE’S USE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

FURTHER, IN NO EVENT WILL GREENPOINTE FINANCIAL, LLC BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, OR USE OF DATA OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, NEGLIGENCE, OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR PROPERTY DAMAGE, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEB SITE OR PLATFORM WITH WHICH IS RELATED OR IT IS LINKED. YOU ALSO ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

Jurisdiction and Governing Law

Each credit repair service and product referred to on this Website is intended to be made available to only U.S. residents. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject GreenPointe Financial or its affiliates to any registration requirement within such jurisdiction. This Website will not be considered a solicitation for or offering any credit repair services or products to any person in any jurisdiction where such solicitation or offering would be illegal.

Moreover, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND GREENPOINTE FINANCIAL ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS ACTION. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND GREENPOINTE, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM ACCORDING TO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH GREENPOINTE. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, AND (C) BRING AN ACTION AGAINST GREENPOINTE IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST GREENPOINTE IN ANY JURISDICTION WITHIN THE STATE OF NEW YORK. IF APPLICABLE, GREENPOINTE WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control any inconsistency between the Rules of the American Arbitration Association and the Website Terms). The arbitrator shall have the authority to interpret the Website Terms, including but not limited to the power to decide whether any claim is arbitrable under the Website Terms and to resolve issues related to the scope of arbitration, the rules of arbitration, and the enforceability of the Website Terms. You agree that the Website Terms involve commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The laws of the state of New York govern the remainder of the Website Terms.

These website terms shall be governed by and construed under the laws of the State of New York as they apply to agreements made solely therein, provided that the arbitration clause is governed by federal law. Suppose you take legal action relating to these Terms. In that case, you agree to file such action only in an appropriate state or federal court located in Monroe County in the form of New York, and you consent and submit to the personal jurisdiction of those courts to prosecute any action with GreenPointe Financial, or its affiliates referenced in this site.

Integration and Severability

Suppose any provision of these terms is deemed unlawful, void, or unenforceable. In that case, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of Use represent the agreement between GreenPointe Financial and the user regarding the subject matter.

Effective: Tuesday, July 07, 2015

Updated: Monday, January 30, 2023