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TERMS OF USE

Last updated: Tuesday, July 07, 2015
© GreenPointe Financial, LLC.

 

 

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 SERVICES, OR ENGAGING GREENPOINT

FINANCIAL'S CREDIT REPAIR 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 OF 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 1335 Jefferson Road #22802, Rochester, New York 14692 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. SUCH CHANGES SHALL BE EFFECTIVE

IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER

WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.

 

Pursuant to Federal law we are providing the following separate written statement for your review and

to acknowledge receipt thereof, which, pursuant 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 purposes only 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. FOR

SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN

LEGAL COUNSEL. 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 anytime 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 FOR 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 IN ACCORDANCE WITH 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 AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO

OTHERS WITHIN THE UNITED STATES IN ACCORDANCE WITH 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

by 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 e-mail 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 e-mail sent by you to us or an e-mail sent by us to you, or an e-mail

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 other relationship is created between you and GreenPointe Financial, LLC

other than pursuant to 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 FOR 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 USE OF THE SITE, 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,

USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY

KIND WHETHER BASED IN 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 DAMAGE TO

PROPERTY, 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 BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

 

JURISDICTION AND GOVERNING LAW

 

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. Each credit repair service and product referred to on this Website is intended to be made

available to only U.S. residents. This Website will not be considered a solicitation for or offering of 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 OF FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE

INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT 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 LAW SUIT

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 over any inconsistency between the Rules of the American

Arbitration Association and the Website Terms). The arbitrator shall have authority to interpret the

Website Terms, including but not limited to the authority to decide whether any claim is arbitrable

under the Website Terms and to decide issues related to the scope of arbitration, the rules of

arbitration, and the enforceability of the Website Terms. You agree that the Website Terms involves

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 remainder of the Website Terms is governed by the laws

of the state of New York. 

 

These web site terms shall be governed by and construed in accordance with the laws of the State of

New York as they apply to agreements made solely therein, provided however, that the arbitration

clause is governed by federal law. If you take legal action relating to these Terms, you agree to file

such action only in an appropriate state or federal court located in Monroe County in the state of

New York and you consent and submit to the personal jurisdiction of those courts for the purpose of

litigating any action with GreenPointe Financial, or its affiliates referenced in this site. 

 

INTEGRATION AND SEVERABILITY

 

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then 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 entire agreement between GreenPointe and the user

relating to the subject matter herein.

 

 

Effective: Tuesday, July 07, 2015

 
 
   
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